Glenda Martinez Smith, Petitioner v. J. Alan Smith, Respondent

Summary

The Court quashed the appellate decision and held that when a ward's right to contract has been removed, the ward's right to marry is subject to court approval, but approval need not precede the marriage ceremony. An unapproved marriage is invalid and cannot receive legal effect unless the court later approves and ratifies it; the guardianship court's comments in this case did not constitute ratification. Justice Polston, dissenting, would have held that prior approval is required and that a marriage without it is void, while Justice Lawson, specially concurring, defended the majority's interpretation as best serving both statutory language and legislative purpose.