Where the trial court makes no specific findings of fact, the reviewing court must assume that all facts were found in accordance with the result reached. In weighing the evidence, we accept as true all evidence that is favorable to the prevailing party, including all inferences reasonably deducible therefrom, and we disregard any contradictory evidence. A person petitioning for appointment as a guardian has the burden of proving incapacity by clear and convincing evidence. This court will set aside a judgment on the grounds that it is against the weight of the evidence only when we have a firm belief that the judgment is wrong. Turnbough's first point on appeal claims the trial court erred in finding her incapacitated, in that this finding is against the weight of the evidence.
Incapacity requires the existence of some physical or mental condition that puts the person at risk.
When a person is incapacitated, whether totally or in part, the court may appoint a guardian for the person to oversee the physical needs of that person, either in total or in part, according to the degree of incapacity. The determination of whether to appoint a guardian is based on the person's condition at the time of the hearing. Turnbough experiences mood swings, hallucinations, and hearing a voice suggesting suicide or harm to herself as a result of her bipolar condition. She has been hospitalized three times in the past five years because of her psychiatric condition. They also testified Turnbough is taking several medications, such as mood stabilizers, anti-anxiety drugs, antidepressants, and antipsychotic medication.