Smith v. Smith

529 A.2d 466, 365 Pa. Super. 195, 1987 Pa. Super. LEXIS 8591
CourtSupreme Court of Pennsylvania
DecidedJuly 21, 1987
Docket2270
StatusPublished
Cited by5 cases

This text of 529 A.2d 466 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Smith, 529 A.2d 466, 365 Pa. Super. 195, 1987 Pa. Super. LEXIS 8591 (Pa. 1987).

Opinions

HESTER, Judge:

This is an appeal by an adjudicated incompetent from a final order. The trial court found appellant to be incompetent due to mental illness, making him liable to dissipate his assets and become the victim of designing persons. The trial court appointed a financial institution as guardian of appellant’s estate. We affirm.

On April 11, 1985, appellees, who are parents and siblings of appellant, filed an ex parte petition for a preliminary [198]*198injunction in the Orphans’ Court Division of the Chester County Court of Common Pleas, requesting that appellant be restrained from transferring any of his substantial assets to organizations affiliated with Lyndon LaRouche. At the same time, appellees filed a petition requesting an adjudication of incompetency and the appointment of a guardian of the estate of the incompetent.

On November 12, 1985, following several- evidentiary hearings, the trial court found that appellant, by reason of mental illness, was unable to manage his property or was liable to dissipate it or become the victim of designing persons. The trial court issued an adjudication and decree nisi finding appellant incompetent which became a final order on July 23, 1986, after the denial of appellant’s exceptions.

Appellant raises six issues in this appeal: 1) whether appellees met their burden of proving by clear and convincing evidence that appellant suffered from a mental illness; 2) whether the trial court erred by labeling a “personality disorder” as a mental illness; 3) whether appellees met their burden of proving by clear and convincing evidence that appellant was liable to dissipate his property or become the victim of designing persons; 4) whether the trial court erred by including the support of a political philosophy or organization within the ambit of the phrase “become the victim of designing persons”; 5) whether the competency statute is constitutional as applied to appellant; and 6) whether the competency statute is constitutional on its face.

Appellant’s constitutional issues must be considered first. We decline to address these issues as appellant did not give notice to the Attorney General of Pennsylvania as required by Pa.R.A.P. 521.1 Faust v. Messinger, 345 Pa.Super. 155, 497 A.2d 1351 (1985).

[199]*199Our scope of review in determining whether an individual should be adjudicated incompetent and have a guardian of his estate appointed is well established. The trial court has the sound discretion to determine whether the appointment of a guardian is necessary and this court will not reverse absent an abuse of that discretion. In re Earnshaw, 187 Pa.Super. 124, 144 A.2d 480 (1958). “We do not substitute our judgment for that of the court below; even though we, had we been sitting in judgment below, might have reached a contrary result.” Matter of Caine, 490 Pa. 24, 29, 415 A.2d 13, 16 (1980) quoting Myers Estate, 395 Pa. 459, 462, 150 A.2d 525, 526 (1959).

A guardianship can be imposed if it is established that a person is, under 20 Pa.C.S. § 5501, “unable to manage his property, or is liable to dissipate it or become the victim of designing persons.” 2 Additionally, it must be established that this “inability to manage one’s property results from ‘infirmities of old age, mental illness, mental deficiency or retardation, drug addiction or inebriety.’ ” Matter of Caine, supra, 490 Pa. at 28, 415 A.2d at 15 quoting Porter Estate, 463 Pa. 411, 415, 345 A.2d 171, 173 (1975). Finally, appellant’s incompetence must be established by clear and convincing proof. Matter of Caine, supra, 490 Pa. at 28, 415 A.2d at 15.

[200]*200Appellant argues that appellees failed to prove by clear and convincing evidence that he was suffering from a mental illness. The trial court found that appellant’s personality began to change in early 1985; from “happy-go-lucky” to serious, withdrawn and hostile to his family. Trial court opinion, 11/12/85, at 1. Simultaneously, appellant became increasingly involved with the Lyndon LaRouche organization.3 Appellant loaned Caucus Distributions, Inc., an affiliate of the LaRouche organization, $212,-000 within two months.4 This loan was evidenced by an unsecured promissory note for $142,000. Appellant testified that he would not be upset if the loan were not repaid and he was not certain that it would be. R. at 170a. Trial court opinion, 11/12/85, at 2.

Additionally, the trial court found that during the three years prior to this action, appellant incurred substantial losses as the result of ill-advised business investments.5 Appellees’ expert witness, a psychiatrist, who met with appellant and examined several of his writings, concluded that appellant was suffering from a schizoaffective disorder [201]*201and was likely to become the victim of designing persons.6 Id. at 2.

Moreover, appellant’s expert witnesses, a psychiatrist and a psychologist, testified that appellant was suffering from a mixed personality disorder with inadequate and immature features.7 R. at 640a-41a, 807a. Upon examination of appellant’s letters and testimony, the trial court determined appellant has a “disorganized mind and compensates by setting up an oversimplified view of the world in which he is one of the good guys and ‘they’ are conspirators bent on mischief. As such, he would be and has been an easy target for anyone who pretends to support him in his efforts to combat the bad guys.” Trial court opinion, 11/12/85, at 3.

The trial court was clearly convinced that appellant was “suffering from a ‘mental illness’ as that term is used in the legislation, so that he no longer has the ability to ‘choose’ in either a knowledgeable or totally voluntary way.” Id. at 7. Although the trial court heard conflicting evidence concerning appellant’s mental condition, it found appellant “not equipped to deal with his financial affairs in even a minimal way, due to the disorganized and unrealistic way he views finances and world events. He is a target for designing persons and is liable to dissipate his assets, and requires protection of the Court.” Id. Upon thorough review of the record, we hold that the trial court acted within its sound discretion in finding that appellees proved appellant’s mental illness by clear and convincing evidence.

[202]*202Appellant’s next argument is that the trial court erred in labeling a personality disorder a mental illness. This argument ignores the trial court’s finding that appellant is mentally ill as set forth in 20 Pa.C.S. § 5501. Trial court opinion, 11/12/85, at 7. Furthermore, this court has held:

We are not unduly troubled by the question of semantics. The purpose of the Incompetents’ Estates Act is preventative [sic] and protective in nature. Card’s Appeal, 177 Pa.Super. 502, 110 A.2d 856 [1955].

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Smith v. Smith
529 A.2d 466 (Supreme Court of Pennsylvania, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
529 A.2d 466, 365 Pa. Super. 195, 1987 Pa. Super. LEXIS 8591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-pa-1987.