Next week, Joan Bennett Kennedy is set to face her children when at least two of the three are expected to take the witness stand in a Barnstable County courthouse to say that she needs a permanent guardian, according to a Kennedy family friend.
Kennedy is fighting efforts by her three adult children to have a guardian named to take control of her $9.5 million in assets and make crucial life decisions for her, including on any medical treatment she might receive.
Her children petitioned for guardianship at Barnstable Probate and Family Court last year, and Edward M. Kennedy Jr. was awarded temporary guardianship by Judge Robert E. Terry of Probate and Family Court.
At Monday's hearing, Terry will be asked by the Kennedy children to name Ted Kennedy Jr., or someone else, as Joan Kennedy's permanent guardian.
According to a Kennedy family friend, Ted and his brother, US Representative Patrick J. Kennedy of Rhode Island, may take the stand at the hearing. Their sister, Kara Kennedy,will be on hand and could also be called as a witness, the family friend said.
Terry has extended the temporary orders several times since last July at the request of the Kennedy children, court records show. In his first order, Terry wrote that Joan Kennedy was ''unable to properly care for her person and estate" and was ''incapable of taking care of herself by reason of mental illness."
Joan Kennedy, 68, has publicly battled alcoholism over the years, but court papers unsealed by the judge at the request of the Globe last week did not identify the mental illness allegedly affecting her ability to manage her life.
Augustus F. Wagner Jr., the lead attorney for the Kennedy children, said he will be ready to launch his case on Monday.
Hanson S. Reynolds, Joan Kennedy's lead attorney, declined through an aide to be interviewed yesterday.
James R. DeGiacomo, a veteran Boston attorney who has handled similar litigation, said that as a general rule, testimony from the Kennedy children would be highly likely to reinforce medical evidence about their mother's mental status. DeGiacomo stressed that he was not familiar with the details of the Kennedy guardianship struggle.
Joan Kennedy could also take the stand as she tries to blunt the contention of her children that she is mentally unstable and a danger to herself, he said.
Mental-health specialists and doctors also will appear, he said.
''Any of these cases are very difficult," DeGiacomo said. ''I don't envy the judge. [Guardianship actions] are all very, very sad. When they are contested like this, it's too bad. It's unfortunate that these things happen."
John Ellement can be reached at ellement@globe.com. ![]()