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Keywords

attorneyappealhearingtrialpower of attorneyjury trial
statutehearingtrialrespondentappellantjury trial

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In re Link, 713 S.W.2d 487

Facts

Mildred Agatha Link, an 80-year-old unmarried woman with substantial financial assets, began experiencing memory loss and confusion in late 1983. The proceedings were initiated after she attempted to gift a valuable parcel of farm property to her tenant-farmer, A.R. Strothman, despite her banker's advice to consult an attorney. Following a series of events involving the transfer of the deed and the appointment of a power of attorney, a petition was filed seeking to declare her incompetent and appoint a guardian and conservator. The court issued notice of the hearing, but Link's rights to a jury trial and to be present at the hearing were not adequately protected.

Appellant is an 80–year–old, unmarried woman with substantial financial assets. Beginning in late 1983, she began to experience increasing loss of memory, confusion and disorientation. She also began to exhibit a growing lack of attention to her personal and financial affairs.

Issue

Did the trial court comply with the statutory requirements for a hearing on capacity or disability, particularly regarding Mildred Agatha Link's rights to a jury trial, to be present at the trial, and to receive court-appointed counsel?

Appellant contends that the trial court failed to adhere to the requirements of § 475.075, RSMo Cum.Supp.1984, which sets out the procedure for hearings on capacity or disability.

Rule

Under § 475.075, RSMo, the alleged incompetent has specific rights in competency proceedings, including the right to a jury trial, the right to be present at the hearing, and the right to be represented by an attorney. Waivers of these rights must be made affirmatively on the record.

Section 475.075, in pertinent part, reads as follows: … The respondent shall have the following rights in addition to those elsewhere specified: (2) The right to have a jury trial; (8) The right to be present at the hearing.

Analysis

The Supreme Court determined that the trial court did not meet the statutory requirements for a hearing on capacity. Specifically, Link was not afforded her right to a jury trial, was not present at the trial, and did not receive adequate representation from court-appointed counsel. The court emphasized that these rights are fundamental and cannot be waived without proper procedures being followed, including a clear record of any waivers.

The current version of § 475.075 renders substantial changes in the rights and procedures involved in a declaration of incompetency, and the corresponding appointment of a guardian or conservator.

Conclusion

The Supreme Court reversed the judgment of the Circuit Court and remanded the case for further proceedings, highlighting the necessity of adhering to statutory protections for individuals in competency hearings.

Judgment of Circuit Court reversed and remanded.

Who won?

Mildred Agatha Link prevailed in the appeal because the Supreme Court found that her statutory rights were violated during the competency hearing.

The Supreme Court, Robertson, J., held that the trial court did not meet the requirements of the statute governing a hearing on capacity or disability with respect to whether the alleged incompetent had waived her right to a jury trial, to be present at trial or to receive the benefit of court-appointed counsel.

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