In the Matter of the Guardianship of S.h., a Minor Tamera Grace Troesken, Appellant v. Larry Herrin — Baker, J…

Summary

The concurring opinion agrees that the guardianship order must be reversed because the circuit court applied the termination standard incorrectly and improperly placed the burden on the natural parent. It reasons that a fit parent’s withdrawal of consent sufficiently shows that the guardianship is no longer necessary, after which the guardians must rebut the presumption that termination serves the ward’s best interest. Justice Danielson, dissenting, would have affirmed because he believed the circuit court applied the required standard and did not clearly err.