# Autry v. Beckham

> Court of Appeals of Arkansas · December 3, 2014 · 450 S.W.3d 247

URL: https://www.frixlaw.com/law-library/cases/9805038

## Case

- **Full name:** Janet Kaye AUTRY, Appellant, v. Pam BECKHAM and Don Beckham, Appellees
- **Court:** Court of Appeals of Arkansas
- **Decided:** December 3, 2014
- **Citations:** 450 S.W.3d 247; 2014 Ark. 692; 2014 Ark. App. 692; 2014 Ark. App. LEXIS 1009
- **Precedential status:** Published
- **Opinion:** Concurrence by Gruber
- **Judges:** Waymond M. Brown
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9805038

## Opinion text

RITA W. GRUBER, Judge, concurring.
|J agree with the majority’s decision to reverse and remand this case. It was error for the trial court to proceed with the guardianship hearing without the required mental evaluation. I write separately to point out that the trial court also failed to give due regard to the order of preference in appointing a guardian as set out in Arkansas Code Annotated section 28-65-204 (Repl.2012). The statute provides, in pertinent part, that “the court shall appoint as guardian of an incapacitated person the one most suitable who is willing to serve, having due regard to ... [t]he relationship by blood or marriage to the person for whom guardianship is sought.” Ark.Code Ann. § 28-65-204(b)(4).
We have stated that the statute “does not mandate an ironclad order of preference, but leaves the appointment of a guardian who would forward the best interests of the incompetent to the sound discretion of the court.” Martin v. Decker, 96 Ark.App. 45, 53 , 237 S.W.3d 502, 507 (2006). However, it is recognized as a general rule that consanguinity is considered a recommendation in the selection of a guardian for an incompetent, and will not be disregarded except upon strong grounds, the presumption being that the next of kin of the incompetent will be more likely to treat the latter with patience and affection than will a' stranger. McCartney v. Merchants & Planters Bank, 227 Ark. 80, 82-83 , 296 S.W.2d 407, 408-09 (1956) (citing 21 A.L.R.2d 880 ). Here, the trial court did not make adequate findings as to why intervenors, Pam and Don Beckham, should be granted guardianship over appellant, who is Ms. Whaley’s granddaughter.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9805038. Public record. Not legal advice.