​​Kansas Court of Appeals Requires Conservatorship and Guardianship for 24-year-old with Traumatic Brain Injury

Kansas Judicial Center. (KSCourts.org)

In February 2021, the Kansas Court of Appeals affirmed a district judge’s decision to require a guardianship and conservatorship for Colby Spencer, who had suffered a traumatic brain injury ten years previously.

Colby Spencer suffered a severe brain injury in an accident while riding an ATV in July 2011. Treatment of a subdural hematoma required decompression and a partial lobectomy, and Colby still suffers from the long term effects of his accident. Colby’s parents petitioned to be appointed co-conservators of his estate and were granted conservatorship and guardianship in 2012.

In July 2019, the court denied Colby’s pro se petition to terminate the appointment of his parents as co-conservators. Colby appealed, arguing that there was not clear and convincing evidence supporting the need for a conservatorship. He testified that he buys his own groceries and could pay the expenses for his daily living without help from his parents.

However, mental health professionals evaluated Colby “as having a major neurocognitive disorder resulting in impaired judgment and poor insight and an inability to make reasoned decisions about various matters, including his finances.” Psychological evaluations further reported that he required a structured environment in order to manage his memory deficits, paranoia, and aggression. Much of his testimony displayed signs of his ongoing impairment and behavioral instability, supporting the need for a guardianship.

Colby’s parents also presented evidence that their son required support for his daily living and health care. His mother testified that he could not handle disability paperwork or pay bills without assistance.

The court found this to be clear and convincing evidence that Colby was incapable of managing his own affairs and concluded that “over the long run no person or entity could effectively deal with Colby in assisting him in the management of his affairs short of a conservatorship maintained by his parents — the only persons so vested in his well-being as to be willing and able to put up with the outward manifestations of his injury.” Therefore, the court affirmed the district court’s decision to deny Colby’s petition to terminate his parents’ guardianship.

Citation: Matter of Conservatorship of Spencer, 480 P.3d 810 (Kan. Ct. App. 2021).

Keywords: Kansas, traumatic brain injury (TBI), brain injury, mental health, guardianship

This post is the 113th post as part of an ongoing Center for Law, Brain & Behavior (CLBB) series tracking the latest developments in law and neuroscience cases. To see previous posts about recent cases, see the full case archive on the CLBB website. To see updates on legal scholarship, see the Neurolaw News, hosted by the MacArthur Foundation Research Network on Law and Neuroscience. This project is made possible through support of the Dana Foundation.

--

--

--

at Mass General Hospital, Harvard Medical School

Love podcasts or audiobooks? Learn on the go with our new app.

Recommended from Medium

Ohio Court of Appeals Affirms Murder Conviction of Defendant Arguing Not Guilty by Reason of…

Bless the Witnesses: The Humanity on View at the George Floyd Trial

Jail Time for Unpaid Child Support

Incarceration and the Prison Industrial System in the United States

City of Chicago Speeding Cameras

Section 18 of the Limitation Act, 1908 (“Limitation Act”) is the most pivotal provision providing…

Another Black woman murdered in Louisville.

What happens when a child commits a crime?

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store
Center for Law, Brain & Behavior

Center for Law, Brain & Behavior

at Mass General Hospital, Harvard Medical School

More from Medium

VCP-AM Develop 2022 2V0–72.22 Practice Test Questions

Record amounts of equipment rented by Gyms for demand during New Year Resolutions

Ianacare — a platform providing support for caregivers.

Remote Glucose Monitoring with the Rightest Care App