This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case concerns the appointment of a conservator and a plenary guardian for an incapacitated adult. The appellant sought to replace the conservator, his niece, citing recommendations from medical professionals and alleged conflicts. The appellant also challenged the appointment of the plenary guardian, Guardian Angels, due to a perceived conflict of interest involving its board member. Additionally, procedural issues regarding hearings and compliance with statutory requirements were raised.
Procedural History
- District Court, San Miguel County: The court appointed the appellant's niece as conservator and Guardian Angels as plenary guardian. The appellant's motions to replace the conservator and challenge the guardian's appointment were denied.
Parties' Submissions
- Appellant: Argued that the conservator should be replaced due to medical professionals' recommendations and alleged procedural errors, including the failure to hold a hearing. Contended that the plenary guardian's appointment was improper due to a conflict of interest involving its board member.
- Respondent (Conservator): Asserted that the appellant had previously agreed to the conservator's appointment and failed to preserve arguments for appeal. Argued that the district court acted within its discretion and that no conflict of interest existed regarding the plenary guardian.
Legal Issues
- Did the district court err in refusing to replace the conservator despite medical professionals' recommendations?
- Was the appellant denied due process due to the lack of a hearing on the motion to replace the conservator?
- Did the district court err in appointing Guardian Angels as plenary guardian despite an alleged conflict of interest?
- Was the appointment of the conservator invalid due to the guardian ad litem's failure to interview the court visitor?
Disposition
- The Court of Appeals affirmed the district court's decisions, rejecting the appellant's arguments.
Reasons
Per Bustamante J. (Vigil and Vanzi JJ. concurring):
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Replacement of Conservator: The appellant waived the argument regarding the conservator's qualifications by not opposing her initial appointment. The district court did not abuse its discretion in refusing to replace the conservator, as evidence suggested the appellant's anxiety would persist regardless of the conservator's identity. Conflicting testimony was resolved in favor of the conservator's retention.
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Due Process and Hearings: The appellant had multiple opportunities to present evidence and arguments regarding the conservator's replacement. The court held that these opportunities satisfied due process requirements.
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Plenary Guardian Appointment: The appellant's argument regarding a conflict of interest was deemed invited error, as the appellant had previously stated that the relationship between the plenary guardian and its board member did not constitute a disqualifying conflict. The court found no authority supporting the appellant's claim that nondisclosure of the relationship warranted removal of the plenary guardian.
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Guardian Ad Litem's Failure to Interview Court Visitor: The appellant waived this argument by agreeing to the conservator's appointment at trial. The court also found that the appellant failed to preserve the issue for appeal, as it was not adequately raised in the lower court.
The Court of Appeals concluded that the district court acted within its discretion and affirmed its decisions.