In re Hodges

756 A.2d 389, 2000 D.C. App. LEXIS 163, 2000 WL 963353
CourtDistrict of Columbia Court of Appeals
DecidedJuly 13, 2000
DocketNo. 99-PR-681
StatusPublished

This text of 756 A.2d 389 (In re Hodges) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Hodges, 756 A.2d 389, 2000 D.C. App. LEXIS 163, 2000 WL 963353 (D.C. 2000).

Opinion

PER CURIAM:

' This case concerns the attempt of a daughter to have a conservator and guardian appointed for her elderly father. Appellant, Alexis Hodges Brown, appeals from an adverse grant of summary judgment in a proceeding arising under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986. See D.C.Code §§ 21-2001 to -2098 (1997 Repl.). Ms. Brown, who had had no contact with her father in over three years, initiated the proceeding to have a guardian and conservator appointed for her father, appellee, John T. Hodges, whom she believes to be suffering from mental illness or other mental conditions that may have affected Mr. Hodges’ ability to manage his affairs. Mr. Hodges filed a motion for summary judgment with accompanying affidavits, which Ms. Hodges opposed with other affidavits. Ms. Hodges subsequently filed the affida[391]*391vit of Nathan A. Billig, M.D., requesting that he be recognized as an expert witness, and a request for further limited discovery. The trial court granted Mr. Hodges’ motion for summary judgment, dismissed the discovery requests, and denied the request to recognize the additional affidavit of the expert witness. Ms. Hodges timely appealed these determinations.

Summary judgment is proper where the record shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. See Super. Ct. Civ. R. 56(c) (2000); Big Builders, Inc. v. Israel, 709 A.2d 74, 76 n. 1 (D.C.1998). D.C.Code § 21-2022 provides that “[ujnless specifically provided to the contrary in this chapter or inconsistent with its provisions, the rules of the court ... govern proceedings [for appointment of guardians and conservators] under this chapter.” See In re Langon, 663 A.2d 1248, 1250 (D.C.1995) (holding that existing rules of trial and appellate practice apply to intervention proceedings). This is an appropriate case for summary judgment because Ms. Brown has failed to raise a material issue of fact as to Mr. Hodges’ ability to provide for his financial and personal needs, as evidenced by his income level and present living arrangement. Moreover, Mr. Hodges has already made further provision for the event of his incapacity by investing his son, Stephen Hodges, with his power of attorney, thus obviating the need for court intervention. Ms. Brown has made no allegation that this appointment was improper, that her brother is incapable of adequately performing his duties in the event of Mr. Hodges’ incapacity, or that the power of attorney is insufficient.

We adopt the well-reasoned opinion of the trial court set forth below, with certain factual clarifications, as our own.

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Related

In Re Langon
663 A.2d 1248 (District of Columbia Court of Appeals, 1995)
Big Builders, Inc. v. Israel
709 A.2d 74 (District of Columbia Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
756 A.2d 389, 2000 D.C. App. LEXIS 163, 2000 WL 963353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hodges-dc-2000.