In re Estate of Rosengarten

OPINION 1 Sheri Rosengarten, an incapacitated person, appeals from the December 17, 2003 order that, inter alia, allowed her residence to be sold. We hold that: 1) Ms. Rosengarten has standing to pursue this appeal; 2) she has the right to be represented by counsel of her choice; and 3) the orphans' court committed error by proceeding to order the sale of Ms. Rosengarten's real estate without first conducting a hearing on a) her allegation that she was no longer incapacitated and b) her allegation that her guardian was not acting in her best interest and her related request that her father be appointed guardian. We reverse the December 17, 2003 order and remand for an immediate hearing as to Ms. Rosengarten's continued incapacity and whether Susan Smith should be removed as her guardian. We direct that the case be assigned to a different judge.