SUPERIOR Court Associate Judge Teresa Kim-Tenorio on Wednesday granted the motion of Antonia S. Fitial to be the guardian of her adult son, Ike Seman, who was clinically diagnosed as an incompetent person because of a traumatic head injury.
Judge Kim-Tenorio, ruling from the bench, also terminated the appointment of Agatha W. Seman as the guardian of her husband, Ike Seman.
The judge made the ruling after a bench trial that started on Aug. 15 and concluded on Aug. 23.
Judge Kim-Tenorio said she will issue a written order soon.
Fitial, represented by attorney Viola Alepuyo, asked the court to terminate Agatha Seman’s guardianship of her husband, Ike Seman, and grant Antonia Fitial guardianship.
According to Fitial’s petition, Agatha Seman is unfit to be Ike Seman’s guardian “because of her alcohol abuse tendencies, infidelity to her husband, and abandoning her husband with minor children while she goes out at night.”
Alepuyo called 12 witnesses to testify, including Fitial.
Worried
Alepuyo told the court that “Antonia filed the petition that is before this court because she was worried about Ike. She had been hearing about Agatha going out late at night and leaving Ike alone with the kids. She heard about Agatha drinking alcohol at home and away from the home. She heard about Agatha in relationship with other men.”
Alepuyo added, “Antonia tried to reach out to Agatha so she could visit with Ike or even simply to see him via video chat. But Agatha wasn’t interested in keeping Ike’s family informed of how he was doing.”
Alepuyo said “Agatha has also brought her children and Ike with her when she goes out to socialize and drink with her families and friends. When she does this, she drinks; she gets drunk; and then she drives not just her children, but she drives Ike home. When Agatha is drunk, she speeds and swerves on the road. Agatha’s actions are careless and reckless with a wonton disregard for her life, her children’s lives and Ike’s life.”
Alepuyo said Agatha also had “sex in the room that she shared with Ike while Ike was in the room…. This is not just abuse, it is downright cruel because Ike does not have the capacity to stop Agatha from having sex in his bed while he is in the room.”
Moreover, Alepuyo said, “Agatha allowed Ike’s minor brother to drink alcohol. Worse than that, she tried to convince Ike’s minor brother that it is OK for her to be with Ike’s brother because it’s ‘cultural.’ What is shocking is that Agatha is referring to the Carolinian custom that when a man or woman dies, it is an honor for the sibling of the decedent to marry the widow to ensure the spouse and children are cared for. The horrific problem here is that the condition for this custom to occur is for someone to die! In her mind and her actions, Agatha is treating Ike as if he was already dead!”
Caring
Attorney Gregory Baka, who represented Agatha W. Seman, said his client has a good history of serving and caring for others.
But he said Ike Seman’s family treated his client as a servant and not worthy of being part of the family.
“She ended with Ike Seman, and eventually was accepted by her mother-in-law, but as we seen throughout the testimonies, it is often the case that if someone is a strong-willed person, they wanted things like ‘my way or the highway”…and so essentially she got tired of being treated as not being good enough for her husband, and in 2013 they bought a house, they moved out, but she is loving and caring and has agreed and…demonstrated what needs to be done to help and support Ike,” Baka said.
“We heard a lot of witnesses,” he added. “It’s almost like throwing mud on the wall and see what sticks…. Yes my client did have a problem with alcohol, but she no longer drinks now…. Does she have to be punished because of lack of available community resources? Does that mean that Ike has to be punished and lose contact with someone who has been loving and supporting him all these years? We have testimony that Ike was bedridden when he came with her. After the care of my client, he progressed substantially, [and] he continued to progress under Mrs. Fitial, and it was excellent but that does not negate or take away the care and excellent service that was provided by my client,” Baka added.
A sad case
Under the CNMI guardianship rule, Judge Kim-Tenorio said the court may modify guardianship in the best interest of the ward.
“I agree with both counsel,” she said; “this is indeed a sad case. I understand what it means to be a mother, and I also understand what it means to be a wife. I can put myself both in your shoes, and I can make an argument in favor either of you…. This is really a difficult decision. From a wife’s perspective, spouses belong together. When they get married, they vow to be together in sickness and in health. From a mother’s perspective, mothers always care for their children and that can be painful. The court appreciates both perspectives but the court ultimately is guided by the law and evidence,” the judge added.
Addressing the wife, the judge said, “Agatha, Ike’s needs change when he got into that accident. His routine changed as well. It’s difficult to be the caretaker, which is what your role changed to, from being a wife to primarily a caretaker. In addition to being a caretaker, you are still a mom. That didn’t change. Understandably you needed a break, at times you definitely deserve that break…but from your behavior…having a boyfriend…. But you are still a woman, you have certain needs that your husband cannot give you…. What I could not accept is sex at his home, and sex in his bed, most especially with him in the bed. I also cannot accept another boyfriend, a convicted sex offender, and for you allow him to your home where your minor children where. And your brother-in-law testified that you offered sex with him [which] you said is customary…. When I think of the three testimonies, Ms. Seman you have no regard for Ike, although he does not know it, you essentially stripped him of any dignity.”
Even with the court setting aside Seman’s alcohol abuse, social life or DUI conviction, the court cannot ignore what is in Ike’s best interest, the judge said.
In her written order, the judge said she will include visitation rights for Agatha Seman and will order Antonia Fitial to get prior court approval for any disposition of marital properties and other legal actions on behalf of the ward.
