In Re Marriage of Caballero

Introduction

Appellant Kathleen McDonald Caballero (Kathleen) appeals from the minute order of the family law division of the superior court granting the motion of Kathleen’s husband, Harold Caballero (Harold), to quash service of summons of Kathleen’s petition for dissolution or legal separation and dismissing the action. The petition was filed by Kathleen’s son, Doyle D. McDonald (Doyle), in his capacity as Kathleen’s attorney in fact under the general durable power of attorney given by Kathleen to Doyle in 1990.

While we agree that Doyle’s status as Kathleen’s attorney in fact, and her nominee for appointment as her conservator, did not give him the legal authority of a guardian ad litem, it did establish that he was presumptively entitled to be appointed as such guardian. It was therefore error for the family law court to deny his request for such appointment and to dismiss the action on the ground it did not have jurisdiction. We reverse and remand with instructions to reconsider Doyle’s appointment as Kathleen’s guardian ad litem and to address remedies available to her under the Family Law Act.

Factual and Procedural Background

Kathleen and Harold were married…