Michael D. Beam v. Ellen Ann Beam Taylor

Summary

Justice Bolin concurs specially to explain that removal under the governing statute means taking administration of a guardianship or conservatorship from the probate court and placing it under the circuit court's jurisdiction. He explains that the removal petition must be filed in the circuit court, which alone may enter the order effecting removal; the probate court cannot remove the proceeding from itself. Justice Murdock, concurring separately, agrees that the absence of a circuit-court removal order prevented jurisdiction but reserves whether a properly entered order would confer jurisdiction in the circumstances presented.