Guardianship of Cardner

Summary

Nelson Johnson appealed a Maine probate court order requiring him to cooperate in transferring annuity payments and other assets to Edward Cardner’s guardian. The Maine Supreme Judicial Court held that Johnson submitted to the probate court’s jurisdiction by filing a demand for notice, participating through counsel, and seeking court confirmation of an agreement protecting him from liability, and it affirmed the judgment.

Holdings

1. Johnson submitted to the probate court's jurisdiction by filing a demand for notice, participating through counsel, and seeking court confirmation of an agreement protecting him from potential liability; he was therefore bound by the court's orders.
2. Johnson lacked standing to assert the scholarship fund's rights because he was attempting to raise the rights of a third party.

Questions Presented

1. Whether Johnson submitted to and was bound by the personal jurisdiction of the probate court through his participation in the guardianship proceedings and his request for court protection.
2. Whether Johnson had standing to challenge the probate court's authority to order the scholarship fund to hold an annuity payment in escrow.

Disposition

affirmed