Preview:

REPORTED

IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No.

2214

September Term, 1999

IN RE:

SONNY E. LEE

Kenney, Krauser, Bloom, Theodore G.
(Retired, specially assigned)

JJ.

Opinion by Krauser, J.

Filed: June 28, 2000

This is an appeal from a Final Order of Guardianship issued by the Circuit Court for Frederick County, appointing appellee, Sonya R. Lee (Sonya), the guardian of the person and property Appellant Shannon T. Lee

of her father, Sonny E. Lee (Sonny). (Shannon) that court

noted this appeal, challenging both the findings of and the appointment of his sister, Sonya, as

guardian.

Five issues are presented for our review:1 I. Whether the circuit court erred in declaring Sonny E. Lee a person under a disability and in need of a legal guardian without holding a hearing on that issue. Whether the circuit court erred in denying appellant's request that the two doctors, who had prepared the physician certificates of the guardianship petition and were in court pursuant to appellant's request under Maryland Rule 10-205(b)(1), be permitted to testify at trial. Whether Sonny E. Lee was afforded the legal representation required by Maryland law and the Rules of Professional Conduct. Whether the circuit court erred in appointing appellee as guardian of the person and property of Sonny E. Lee.

II.

III.

IV.

Appellant also contends that the trial judge erred in refusing to recuse himself upon request of appellant to do so because of an alleged bias in favor of Sonny's court appointed counsel. Because appellant presented no evidence of judicial bias at the hearing below nor presented any argument in support of this contention in this appeal, we will not consider this issue.

1

V.

Whether the circuit court erred in issuing the protective order that precluded appellant from deposing Sonny E. Lee and in quashing appellant's subpoena for Sonny E. Lee to appear and testify at trial.

In addition to the issues raised by appellant, appellee contends that appellant does not have standing to assert the rights of Sonny E. Lee, the person alleged to be under a

disability, on appeal. hold that he does.

For the reasons that follow, we shall

Furthermore, we shall reverse the judgment of the Circuit Court for Frederick County on the following grounds: First, the

trial court erred in failing to hold a hearing on the question of whether the alleged disabled person, Sonny E. Lee, was

presently under a disability and in need of a full guardianship. Second, the trial court erred in denying appellant's request that the two doctors who had prepared the physician certificates of the guardianship petition, and who were in court pursuant to appellant's request under Maryland Rule 10-205(b)(1), be

permitted to testify at trial. disabled person, was not the

And third, Sonny, the alleged provided with of adequate the legal

representation

from

inception

guardianship

proceedings to their conclusion.

Because we are reversing the

judgment of the circuit court based on the first three issues presented by appellant and remanding this case to that court for -2-

further proceedings consistent with this opinion, we shall not reach the remaining issues presented by appellant.

Facts Sonny E. Lee, the adult subject of the instant guardianship proceeding, was born on August 4, 1938 and is 62 years old. He

was previously employed as a maintenance supervisor at both the National Bureau of Standards and the Department of Commerce. 1961, he married Barbaria Ann Lee. In

They had three children:

Sonya R. Lee, appellee; Shannon T. Lee, appellant; and Dorian Nicole Lee (formerly Derek E. Lee). Sonny has been an alcoholic for most of his adult life. Over the course of many years, he has been treated for his alcoholism at various rehabilitation facilities without success. In 1986, Sonny and Barbaria divorced, and Sonny moved into his mother's home in Frederick County. His drinking problems,

however, persisted, and he was frequently found wandering the streets of Frederick inebriated. executed a general power of On September 2, 1993, Sonny naming his daughter,

attorney,

Sonya, as his attorney-in-fact. Its principal purpose, according to Sonny, was to enable Sonya to assist him in obtaining a portion of his deceased brother's estate. Among other things,

-3-

it also directed that Sonya be appointed as his guardian if a guardianship became necessary. In late 1997 or early 1998, Sonny was hospitalized after passing out in a park in Frederick County. and unable to walk or use his hands. He was "very ill"

In April of 1998, Sonya

arranged for Sonny to be admitted to the College View Nursing Home in Frederick, Maryland to receive the care and treatment he needed. Since his placement at that nursing home, Sonny has not

consumed any alcohol.

Guardianship Proceedings On November 25, 1998, Sonya filed a Petition for the

Appointment of a Guardian of the Person and Property of Sonny E. Lee in the Circuit Court for Frederick County. See Maryland

Code (1974, 1991 Repl. Vol., 1998 Supp.),

Download In Re: Sonny E. Lee.pdf

Maryland Law