Conservatorship of T.K.
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd
|Nature of Action:||Guardian/Conservator|
|Term:||09/2009  Argument: 09/01/2009 Waived|
|ND cite:||2009 ND 195|
775 N.W.2d 496
Appellant's Statement of the Issues:|
1.Whether the district court erred in determining the appellant to be a person in need of a conservatorship.
2.Whether there are acceptable less restrictive alternatives to the conservatorship ordered by the district court.
3.Whether the district court erred in failing to appoint as conservator a person who had been nominated as the protected person's attorney-in-fact and who also had priority as a qualified family member.
4.Whether the district court erred in ordering petitioner's attorney's fees to be paid out of the protected person's assets.
Appellee's Statement of the Issues:
1. Whether the Appellant has carried her burden to show that the trial court's findings of fact are clearly erroneous?
2. Whether the present conservatorship serves T.K.'s best interests, whether the trial court had good cause to appoint the present conservator, and whether the Appellant has carried her burden to show that the trial court abused its discretion in making these determinations?
3. Whether the Appellant has carried her burden to show that the trial court abused its discretion in making its Order regarding payment of attorneys fees?
|Add Docket 20090035 RSS|
|1||01/23/2009||NOTICE OF APPEAL: 01/20/2009|
|2||01/23/2009||ORDER FOR TRANSCRIPT: 01/20/2009|
|3||01/27/2009||RETENTION OF RECORD ON APPEAL: 03/11/2009|
|4||03/13/2009||MOT. EXT/TIME TRANSCRIPT (Christy Kujawa & Diane J. Manthei)|
|5||03/13/2009||ACTION BY TRIAL COURT (Mot/Ext/TRA). Granted: 03/20/2009|
|6||03/19/2009||TRANSCRIPTS DATED February 19, 2008, July 28, 2008, August 19, 2008, September 25, 2008|
|7||03/18/2009||DISK - Transcripts of 2-19-08, 07-28-08, 08-19-08, 09-25-08|
|8||03/23/2009||RECORD ON APPEAL (not rec'd: #24,60,66&79-steno notes)|
|9||03/25/2009||Supplemental Clerk's Certificate dated 3-23-09 (Entry Nos. 91 & 92)|
|10||04/27/2009||MOT. EXT/TIME APPELLANT BRIEF|
|11||04/27/2009||ACTION BY CLERK. Granted: 05/12/2009|
|12||05/12/2009||MOT. EXT/TIME APPELLANT BRIEF|
|14||05/12/2009||ACTION BY CLERK. Granted: 05/15/2009|
|16||05/14/2009||APPELLANT BRIEF (e-filed)|
|17||05/14/2009||E-FILED BRIEF (ATB)|
|18||05/15/2009||Rec'd $125.00 filing fee (included w/ surcharge for ATB) (Receipt #18848)|
|19||05/15/2009||Rec'd $25.00 surcharge for ATB (included w/ filing fee - Receipt #18848)|
|20||05/20/2009||Received 7 copies of ATB from Central Duplicating.|
|22||06/12/2009||E-FILED BRIEF (AEB) (PDF)|
|24||06/12/2009||E-FILED APPENDIX (AEA)|
|25||06/15/2009||Receipt $25 surcharge for AEB (Receipt #18881)|
|26||06/18/2009||Received 7 copies of AEB from Central Duplicating|
|27||06/18/2009||Received 6 copies of AEA from Central Duplicating|
|28||06/25/2009||2nd Supplemental Clerk's Certificate (Entry Nos. 94-99)|
|29||06/26/2009||REPLY BRIEF (e-filed)|
|30||06/26/2009||E-FILED BRIEF (ryb)|
|31||07/06/2009||Received 7 copies of RYB from Central Duplicating.|
|32||07/02/2009||Supplemental Certificate of Record dated 6/30/09 (Entry Nos. 100 & 101).|
|33||07/23/2009||NOTICE OF ORAL ARGUMENT MAILED|
|34||08/12/2009||Request to waive oral argument on behalf of the Appellant|
|35||08/12/2009||Request to waive oral argument on behalf of the Appellee|
|36||08/18/2009||ACTION BY SUPREME COURT (Request to waive oral argument on behalf of the Appellant). Granted|
|37||08/18/2009||ACTION BY SUPREME COURT (Request to waive oral argument on behalf of the Appellee). Granted|
|38||09/01/2009||APPEARANCES: Waived under N.D.R.App.P. 34(f)|
|40||10/08/2009||Supplemental Clerk's Certificate dated 10-6-09 (Entry Nos. 102-105)|
|41||10/21/2009||Supplemental Clerk's Certificate of Record dated October 20, 2009 (Entry Nos. 106-108)|
|43||11/17/2009||UNANIMOUS OPINION: Sandstrom, Dale V.|
|44||11/17/2009||Costs on Appeal taxed in favor of Appellee|
|45||11/18/2009||Judgment Sent to Parties|
|47||12/16/2009||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|48||01/19/2010||Corrected Opinion Page|