Case Caption: In Re: Guardianship of Ivan Farrelly Case Number: SCT-CIV-2018-0071Date: 04/29/2021Author: Hodge, Rhys S. Citation: 2021 VI 8Summary: In an appeal from appointment of a guardian the Superior Court decided the merits without ever appointing the statutorily required visitor to assist it in its determination, under the Virgin Islands Uniform Guardianship and Protective Proceedings Act, 15 V.I.C. § 5-305(a). The Superior Court failed to comply with the requirement in 5 V.I.C. § 5-310(a)(2) to consider persons nominated by the guardian, only if at the time of the nomination the respondent had sufficient capacity to express a preference. The statute requires that the court consider whether at the time of the nomination the respondent had sufficient capacity to express a preference. On remand, the Superior Court must determine whether or not the proposed ward had the capacity to express a preference—both when he granted his daughter a power of attorney, and when his lawyer filed a motion during the trial stating that he preferred his current wife as his guardian. The Superior Court’s December 5, 2018 judgment is vacated and this case is remanded for fulfillment of the statutory requirements, including the appointment of a visitor.Attachment: Open Document or Opinion