In re Estate of Wilson

Circuit court appointed GAL to investigate allegations that a woman with powers of attorney for property, real estate, and health care had financially exploited an 86-year-old woman and had physically neglected her. After GAL filed petition to revoke powers of attorney and to obtain an accounting, the woman filed petition for substitution of judge, which was denied outright. Some months later court revoked powers of attorney and ordered woman to repay $297,908. Court was not required to refer the petition for substitution of judge to another judge for hearing, because petition failed to meet threshold requirements in that it was not verified by affidavit and did not contain adequate allegation of cause for substitution. Petition did not meet requirement that petitions for cause be asserted at the "earliest practical moment", as it was not filed until four months after hearing at which time judge's bias was alleged to have been evident. (THOMAS, KILBRIDE, and GARMAN, concurring; FREEMAN and BURKE, specially concurring.)