Drelich v. Guardianship of Drelich
Drelich v. Guardianship of Drelich , 2013 WL 5629770 The intersection of guardianship and family law often presents a new spin on our typical guardianship fact patterns. Here, husband and wife were married with both pre and post nuptial agreements. Husband later filed for dissolution of the marriage. The wife filed a motion to stay or abate the divorce proceedings, and alleged that her husband was incapacitated, that she anticipated filing a guardianship proceeding and that she was asking for fees, since her husband (or really, his agents), filed the divorce proceeding in bad faith. The wife's guardianship pleadings did not mention the pending divorce. In his response, the husband denied the allegations in her petition and moved for fees and costs based on his wife's bad faith in filing the guardianship proceeding. He admitted that he was depressed, but said he was completely capable of making his own decisions. The examining committee unanimou...