DeNunzio v. DeNunzio
Annotate this CaseSharon DeNunzio and Peter DeNunzio were the parents of Douglas DeNunzio, who for many years has manifested symptoms of mental distress. Sharon and Peter divorced when Douglas was a minor. Shortly after Douglas’ twenty-first birthday, Peter filed an application in the probate court seeking to be appointed as Douglas’ conservator. The probate court found by clear and convincing evidence that Douglas needed a conservator and appointed Defendant as conservator. The trial court and appellate court affirmed the probate court’s decision. The Supreme Court affirmed, holding (1) to the extent that the probate court considered Douglas’ “best interests” in these conservatorship proceedings, in addition to the statutory factors adopted in P.A. 07-116, Sharon’s substantial rights were not prejudiced because the statutory factors were considered and supported the probate court’s selection of Defendant as conservator; and (2) Plaintiff’s substantial rights were not prejudiced by the probate court’s consideration of the guardian ad litem’s report, which was not admitted into evidence.
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