Conservatorship of T.K.

20090035
Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Guardian/Conservator
Counsel:
Appellant: Constance L. Triplett
Appellee: Janet M. Gregory
Term: 09/2009   Argument: 09/01/2009  Waived
ND cite: 2009 ND 195
NW cite: 775 N.W.2d 496


Issues: 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?

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Docket entries:
101/23/2009 NOTICE OF APPEAL: 01/20/2009
201/23/2009 ORDER FOR TRANSCRIPT: 01/20/2009
301/27/2009 RETENTION OF RECORD ON APPEAL: 03/11/2009
403/13/2009 MOT. EXT/TIME TRANSCRIPT (Christy Kujawa & Diane J. Manthei)
503/13/2009 ACTION BY TRIAL COURT (Mot/Ext/TRA). Granted: 03/20/2009
603/19/2009 TRANSCRIPTS DATED February 19, 2008, July 28, 2008, August 19, 2008, September 25, 2008
703/18/2009 DISK - Transcripts of 2-19-08, 07-28-08, 08-19-08, 09-25-08
803/23/2009 RECORD ON APPEAL (not rec'd: #24,60,66&79-steno notes)
903/25/2009 Supplemental Clerk's Certificate dated 3-23-09 (Entry Nos. 91 & 92)
1004/27/2009 MOT. EXT/TIME APPELLANT BRIEF
1104/27/2009 ACTION BY CLERK. Granted: 05/12/2009
1205/12/2009 MOT. EXT/TIME APPELLANT BRIEF
1305/12/2009 E-FILED MOTION
1405/12/2009 ACTION BY CLERK. Granted: 05/15/2009
1505/13/2009 APPELLANT APPENDIX
1605/14/2009 APPELLANT BRIEF (e-filed)
1705/14/2009 E-FILED BRIEF (ATB)
1805/15/2009 Rec'd $125.00 filing fee (included w/ surcharge for ATB) (Receipt #18848)
1905/15/2009 Rec'd $25.00 surcharge for ATB (included w/ filing fee - Receipt #18848)
2005/20/2009 Received 7 copies of ATB from Central Duplicating.
2106/12/2009 APPELLEE BRIEF
2206/12/2009 E-FILED BRIEF (AEB) (PDF)
2306/12/2009 APPELLEE APPENDIX
2406/12/2009 E-FILED APPENDIX (AEA)
2506/15/2009 Receipt $25 surcharge for AEB (Receipt #18881)
2606/18/2009 Received 7 copies of AEB from Central Duplicating
2706/18/2009 Received 6 copies of AEA from Central Duplicating
2806/25/2009 2nd Supplemental Clerk's Certificate (Entry Nos. 94-99)
2906/26/2009 REPLY BRIEF (e-filed)
3006/26/2009 E-FILED BRIEF (ryb)
3107/06/2009 Received 7 copies of RYB from Central Duplicating.
3207/02/2009 Supplemental Certificate of Record dated 6/30/09 (Entry Nos. 100 & 101).
3307/23/2009 NOTICE OF ORAL ARGUMENT MAILED
3408/12/2009 Request to waive oral argument on behalf of the Appellant
3508/12/2009 Request to waive oral argument on behalf of the Appellee
3608/18/2009 ACTION BY SUPREME COURT (Request to waive oral argument on behalf of the Appellant). Granted
3708/18/2009 ACTION BY SUPREME COURT (Request to waive oral argument on behalf of the Appellee). Granted
3809/01/2009 APPEARANCES: Waived under N.D.R.App.P. 34(f)
3909/01/2009 ARGUED: Waived.
4010/08/2009 Supplemental Clerk's Certificate dated 10-6-09 (Entry Nos. 102-105)
4110/21/2009 Supplemental Clerk's Certificate of Record dated October 20, 2009 (Entry Nos. 106-108)
4211/17/2009 DISPOSITION: AFFIRMED
4311/17/2009 UNANIMOUS OPINION: Sandstrom, Dale V.
4411/17/2009 Costs on Appeal taxed in favor of Appellee
4511/18/2009 Judgment Sent to Parties
4612/10/2009 MANDATE
4712/16/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4801/19/2010 Corrected Opinion Page

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