Guardianship of Moylan

• Court: Superior Court of Guam
• Decided: February 19, 2021
• Docket: PR0106-07
• Status: Unknown

Opinion

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CLERK OF CGURT IN THE SUPERIOR COURT OF GUAM BY:

IN THE MATTER OF THE Superior Court Case No. SP0106-07 GUARDIANSHIP Related Case Nos.sp0104-07, SP0105-07, SP0107-07. SP0110-07 and SP0111-07 OF DECISION AND ORDER PARTIALLY YUK LAN MOYLAN, GRANTING MOTION TO ASSESS RENT An Adult.

The Coup here considers Richard Moylan's November 10, 2020 Motion to Assess Rent

from Date of Incompetency for Ward's Support & Benefit. Because a pending appeal concerns

the appointment of Lina Lealoha M. Alston (aka "Princess") as Limited Guardian, the Court

finds that it lacks jurisdiction at present to review the rental value of the property she occupies.

However, the Coup GRANTS the Motion as to the remaining properties addressed by Richard.

Richard's Motion initially asks the Court to order the Limited Guardian to assess the rent

for two of the ward's properties and review all properties for which no rent is paid. The Limited

Guardian occupies one of the properties. In her Opposition, the Limited Guardian argues that it

would not be in the ward's best interests if the Limited Guardian was removed from the

residence or required to pay rent. She also raises the issue of lack ofjurisdiction due to a

pending appeal, CVA19-022.

In his Reply to the Motion, Richard expounds on his request for relief and raises several

complaints regarding the Limited Guardian's alleged conflict of interest. Richard complains that

the Limited Guardian is advocating for herself rather than for the ward's best interests. Such

"require[s] her disqualification as a guardian." Reply at 2 (Dec. 22, 2020). Richard proceeds to

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argue that the Limited Guardian should be prohibited from using the property rent-free under the

"Loyalty Rule." Richard concludes his Reply asking the Court to assess rent on the ward's

properties and remove the Limited Guardian.

In CVA19-022, alleged conflicts of interest by the Limited Guardian form the primary

issues on appeal. As of the date of this Decision and Order, the appellate case has been briefed

and argued.

When an appeal is filed in a guardianship proceeding, a trial court is divested of

jurisdiction over the subject matter of the appeal. In re Guardianship of Moylan, 2018 Guam 21

1]9 (examining which issues were "directly related" to the appeal). However, the trial court can

continue to act on issues raised before it to prevent injury or loss. 15 GCA § 4802. Therefore,

before the Court hears this Motion, it must determine if the issues raised are directly related to

CVA19-022 or aimed to prevent loss to the ward's estate.

Without question, any contention that seeks the removal of the Limited Guardian is

directly related to CVA19-022. The Court here lacks jurisdiction at present to make any finding

warranting the Limited Guardian's removal. Also, while the issue of her occupancy in the home

rent-free is not on appeal, her residency is interrelated with her ability to act as the Limited

Guardian. As the Guam Supreme Court recognized, "the record strongly suggests ... it would

be in Mrs. Moylan's best interest for Princess to continue residing on those premises to facilitate

the care she continues to provide." In re Guardianshqv of Moylan, 2017 Guam 28 'H 21. In other

words, any determination by this Court regarding the assessment of rent on the residence

occupied by the Limited Guardian impacts her ability to provide care, and therefore such a

decision may affect and be affected by the issues on appeal.

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a aL SPOl06-07 DECISION AND ORDER PARTIALLY GRANTING MOTION TOASSESS RENT Page 3

However, not on appeal is the value of the ward's other properties and a determination if

any cause a loss to the ward's estate. One such property includes Tract 112, B4, Ll, Dededo

Guam, occupied by F.L. Moylan, Jr. Richard also mentions two other Dededo properties with

houses but not rented, though it's unclear which properties he references. Finally, the Court

notes that the Limited Guardian advised the Court in her October 28, 2020 Ex Parte Request for

an Order to Release Funds that a few tenants are not current on rent. Based on that information

and the suggestion that the ward owns at least one property for which she receives no rent, the

Court finds that Richard Moylan has brought forward proper questions regarding potential losses

to the estate .

The Court directs the Limited Guardian to file a report that identifies all properties

owned by the ward, indicating which properties are being rented or not rented, which lessees are

behind on rent, if any, and an explanation why any of the properties are not being rented. The

report is due within thirty days of this Decision and Order. The Limited Guardian is also

directed to provide any broker price opinions or appraisals obtained for any properties within the

last five years. Upon review of such material, the Court will set this matter for hearing at a later

time.

In conclusion, the Court GRANTS IN PART the Motion to Assess Rent and ORDERS

the Limited Guardian to submit a report within thirty days.

SO ORDERED this 18th day of February 2021 .

Hq lnr ELYZE M. IRIARTE Judge, Superior Court of Guam Appearing Attorneys : Jacqueline 'Iaitano Terlaje, Esq., Law Office of Jacqueline Taitano Terlaje, for Petitioner Lina Leialoha M. Alston Douglas B. Moylan, Esq., Law Offices of Douglas B. Moylan, and Gary Wayne Francis ,..Gumataotao, Esq., Law Offices of Gumataotao & Pole, P.C., for Richard E. Moylan

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