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In re Guardianship and Conservatorship of Forster

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Wednesday, July 9, 2014

A-13-0893, In re Guardianship and Conservatorship of James D. Forster, an incapacitated and protected person

Douglas County, County Court Judge s John E. Huber, Joseph P. Caniglia, and Sheryl L. Lohaus

Attorney for Appellant:  Stephanie S. Shearer (Regan, Melton & Delaney, L.L.P.)

Attorney for Appellee:  Mark J. Milone (Govier & Milone, L.L.P.)

Civil Action:  Guardianship/Conservatorship

Action Taken by Trial Court:  The county court approved the final accounting and inventory filed by the temporary guardian/conservator, terminated the temporary guardianship and conservatorship, and awarded fees and costs to the temporary guardian/conservator to be paid from the ward’s estate.

Assignments of Error on Appeal:  The appellant assigns that the district court erred in (1) failing to hold an evidentiary hearing on the guardianship and conservatorship petition, (2) failing to require the temporary guardian/conservator to post a bond and failing to hold a hearing after the statute was amended to require such bond, (3) issuing an ex parte order without following proper procedures, (4) awarding attorney’s fees, (5) overruling appellant’s motion to compel and motion to continue, and (6) failing to rule on appellant’s objections to the final inventory and accounting. 

This page was last modified on Wednesday, October 15, 2014