In re Guardianship/Conservatorship of Nabity

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In re Guardianship/Conservatorship of Nabity

Case Number
Call Date
January 11, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0053 In re Guardianship and Conservatorship of Evelyn A. Nabity

County Court of Douglas County, Judge Darryl R. Lowe

Attorneys: W. Patrick Betterman (for appellants) – Lisa M. Line (Brodkey, Cuddigan, Peebles, Belmont & Line)

Civil: Appellants Mary Rose and Elizabeth Rubek are Evelyn Nabity’s daughters. They appeal from the court’s orders that (1) denied their petition to remove their brother, Appellee Robert Nabity, as Evelyn’s guardian and conservator and (2) overruled Rubek’s objections to Robert’s annual reports.

Issues: Whether the court erred in (1) approving Robert’s annual reports; (2) determining that he had acted in Evelyn’s best interests; (3) finding that Rubek failed to object to Robert’s 2014 supplemental inventory; (4) failing to require Robert to properly account for Evelyn’s property; (5) finding that Robert acted in good faith and fully accounted for Evelyn’s property in his reports; (6) failing to surcharge Robert for wrongful, unauthorized, negligent, and illegal acts and omissions; (7) releasing Robert; (8) appointing Robert as special guardian/conservator, with the power to sell Evelyn’s property; (9) ruling that evidence arising before May 17, 2013, or after July 11, 2013, was inadmissible; (10) awarding Robert fees and costs or awarding him excessive fees to defend his final guardian report; and (11) failing to award Rose and Rubek reasonable attorney fees and costs and limiting their award because Evelyn receives Medicaid benefits.

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