REDKEY v. MCCOLLUM

── REDKEY v. MCCOLLUM ── Case No.: 1 CA-CV 25-0236 PB Court: Court of Appeals of Arizona Date: March 30, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE In re the Matter of the Conservatorship for: DAVID WAYNE REDKEY, An Adult., _______________________________________________ DAVID WAYNE REDKEY, Petitioner/Appellant, v. STEPHANIE MCCOLLUM; MARK J. THEUT; DANIEL J. MAZZA, Respondents/Appellees. No. 1 CA-CV 25-0236 PB FILED 03-30-2026 Appeal from the Superior Court in Maricopa County No. PB2009-002224 The Honorable Lisa Ann VandenBerg, Judge, Retired AFFIRMED COUNSEL David Wayne Redkey, M.Ed., Phoenix Petitioner/Appellant Mark J. Theut, Phoenix Respondent/Appellee Daniel J. Mazza, Scottsdale Respondent/Appellee  REDKEY v. MCCOLLUM, et al. Decision of the Court Lawrence F. Scaringelli, Esq., Scottsdale Counsel for Respondent/Appellee Stephanie McCollum MEMORANDUM DECISION Judge Andrew J. Becke delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Kent E. Cattani joined. B E C K E, Judge: ¶1 David Wayne Redkey appeals the superior court’s denial of his petition to terminate conservatorship and the granting of his petition to substitute Agatha Redkey (“Agatha”) as conservator. For the following reasons, we affirm. FACTUAL AND PROCEDURAL HISTORY ¶2 In 2007, Redkey suffered a traumatic brain injury (“TBI”) in a car accident. He later received financial compensation when he settled a personal injury suit arising from the accident. Because of his TBI, Redkey suffered from short term memory loss, lacked judgment, and became impulsive. Consequently, Redkey, through his attorney William A. Clarke, filed a petition for appointment of J.P. Morgan Chase Bank (“Chase Bank”) as his conservator. In support of his petition, Redkey filed three medical reports discussing his injuries and their impact on his functioning. In December 2009, the superior court found by clear and convincing evidence that Redkey was an incapacitated person and appointed Chase Bank as his conservator. ¶3 In 2016, when Chase Bank resigned as conservator, the superior court appointed MB Financial Bank (“MB Financial”) as successor conservator. Around that time, the court appointed Rick Kilfoy as Redkey’s attorney. Three years later, when MB Financial resigned, First Western Trust was appointed as successor conservator. In 2022, First Western Trust sought to resign and petitioned to have Next Steps for Families, LLC appointed as successor conservator. Because Redkey opposed appointing Next Steps For Families, First Western Trust asked the court to appoint a guardian ad litem (“GAL”) to protect Redkey’s best interests and to 2  REDKEY v. MCCOLLUM, et al. Decision of the Court nominate an “appropriate [s]uccessor [c]onservator.” The court appointed Mark J. Theut as Redkey’s GAL. The court later discharged First Western and appointed Stephanie McCollum as successor conservator. ¶4 In April 2023, Theut successfully moved to expand his authority to include investigating the need for a guardian for Redkey. The court’s order authorized Theut to “schedule[] and obtain[] the necessary evaluations by the appropriate medical professionals.” The court ordered Redkey to work with Kilfoy to schedule and complete a medical evaluation. In July 2023, at Theut’s reque