Guardianship of Nagel
Douglas Davidson (Father) died when his son, Peter, was 19 months old. At the time, Father was living with Peter's mother (Penelope Nagel (Mother)), but they were not married. Because Peter was potentially entitled to inherit under Father's will, Mother petitioned to be appointed guardian of Peter's estate. Peter's paternal grandfather, Thomas Davidson (Grandfather), opposed Mother's petition on numerous grounds. After conducting a hearing, the court found Mother's appointment as guardian of her son's estate was appropriate and justified.
Grandfather appeals from the order appointing Mother as guardian of her son's estate. He contends the court erred in appointing Mother without an evidentiary hearing, and denying him a 60-day continuance to permit him to conduct discovery. Court conclude Grandfather waived his right to seek an evidentiary hearing, and the court did not abuse its discretion in denying the continuance. Court also reject Grandfather's contention that the court applied incorrect legal standards.
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