Guardianship and Conservatorship of V.N. - No. 20080024
Case Summary
S.F. appeals an order appointing guardianship and conservatorship.
V.N., the ward in this action, has four adult children: S.F., A.R., A.A.V.N., and V.K.R.. V.N. also has a granddaughter, L.K., who is the daughter of V.K.R. In July 2007, S.F. made a motion for temporary guardianship and conservatorship of her mother, V.N., and the district court granted the motion, appointing S.F. as temporary guardian and conservator of V.N. In August 2007, S.F. petitioned the district court to appoint her the permanent guardian and conservator of V.N. In September 2007, L.K. cross-petitioned the court for appointment as guardianship and conservatorhip. On October 5, 2007, a hearing was conducted for S.F.'s petition for guardianship and conservatorship. At the hearing, L.K. withdrew her cross-petition for guardianship and conservatorship, making S.F. the only party petitioning to be appointed guardian and conservator. At the time the hearing was conducted, three of V.N.'s children, A.A.V.N., A.R., and S.F., were in favor of S.F. being nominated guardian. V.K.R., V.N's fourth child, did not petition the court nor did she attend the hearing.
On October 8, 2007, the district court issued an order, granting S.F.'s petition in part, appointing S.F. as guardian and Mark Westereng as conservator of V.N. This order provided S.F. was not entitled to any compensation for her services as V.N.'s guardian and denied her request to serve as V.N.'s conservator. On October 10, 2007, S.F. submitted a request for reconsideration and clarification in which S.F. requested the court reconsider its appointment of Westereng as conservator and requested the court allow S.F. reasonable compensation for her services as V.N.'s guardian. In response to S.F.'s request for reconsideration and clarification, the district court issued a second order on October 24, 2007, which denied S.F.'s request to be appointed conservator and denied compensation for her expenses as guardian. On October 24, the district court received letters from V.N.'s child, V.K.R., and granddaughter, L.K., alleging S.F. should not serve as V.N.'s guardian because of alleged abuse, potential for financial misconduct, and other family problems attributable to S.F. and requesting the court reverse the existing guardianship order. On November 15, 2007, the district court issued an order appointing S.F. guardian and Westereng conservatorship of V.N. and again denying S.F. compensation for services rendered or expenses paid as guardian.
S.F. appeals from this order, arguing she is entitled to expenses as V.N.'s guardian.