Guardianship/Conservatorship of V.J.V.N.
, 2008 ND 106,
750 N.W.2d 462
The district court has discretionary authority regarding the management of a protected person's estate, and the court's decisions on those matters will be reversed on appeal only for an abuse of discretion.
When the Supreme Court interprets statutes, its duty is to ascertain the legislative intent, which initially must be sought from the statutory language itself, giving it its plain, ordinary, and commonly understood meaning.
Guardianship/Conservatorship of D.M.O.
, 2008 ND 100,
749 N.W.2d 517
The Supreme Court will dismiss an appeal when issues become moot or academic and there is no actual controversy left for our determination.
An actual controversy no longer exists when the issue has been rendered moot by a lapse of time, or the occurrence of related events which make it impossible for a court to grant effective relief.
Guardianship/Conservatorship of Thomas
, 2006 ND 219,
723 N.W.2d 384
The Supreme Court applies the abuse of discretion standard when reviewing a trial court's selection of a guardian and conservator.
Concern over the appearance of undue influence can establish "good cause," justifying the appointment of a neutral and detached person as guardian and conservator over others with higher priority who have a financial interest in the protected
person's assets.
The Supreme Court applies the abuse of discretion standard of review to the district court's ultimate decision whether to approve payment of a claim against a protected person's estate and the clearly erroneous standard of review to the court's
underlying findings of fact.
Guardianship/Conservatorship of Onstad
, 2005 ND 158,
704 N.W.2d 554
While N.D.R.Civ.P. 60(b) ordinarily may not be used as a substitute for an appeal or to relieve a party from deliberate choices, in unusual cases a party who has not taken an appeal may obtain relief on a 60(b) motion.
A successor judge should respect the law of the case.
Guardianship of Barros
, 2005 ND 122,
701 N.W.2d 402
To terminate a voluntary guardianship, a fit parent must prove by a preponderance of the evidence that the impediments leading to the creation of the guardianship have been removed.
A rebuttable presumption exists that parental custody is in the best interests of the child.
The guardians must overcome the presumption that parents have a superior right to the custody of their children and prove by a preponderance of the evidence that it is in the child's best interest to continue the guardianship.
Guardianship/Conservatorship of Van Sickle
, 2005 ND 69,
694 N.W.2d 212
The Supreme Court will determine a moot issue if the matter is capable of repetition, yet evading review.
A person has no right to demand to appear in a court proceeding and testify by telephone.
A guardian may place a ward in a locked and secured unit of a basic care facility without first obtaining a court order.
The party proposing the transfer of a ward to a more restrictive living arrangement has the burden of proving by clear and convincing evidence that the proposed placement is the least restrictive alternative available.
A district court has discretion over the order in which evidence is presented.
The best interest of a ward is served by appointing a non-family member as guardian when family members are unable to get along with each other.
A district court does not abuse its discretion in denying a motion for new trial when the alleged error is raised for the first time in the motion for new trial and the alleged error could have been raised during the actual trial.
Guardianship of Topp
, 2005 ND 29,
694 N.W.2d 22
A trial court's order on incapacitation and guardianship is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Guardianship of Shatzka
, 2003 ND 147,
669 N.W.2d 95
If a guardian is not appointed, the person for whom guardianship was sought may not be required to pay for a court-appointed visitor, lawyer, physician or temporary guardian.
Guardianship of Larson
,
530 N.W.2d 348 (N.D. 1995)
Conservatorship of Stensland
,
526 N.W.2d 485 (N.D. 1995)
Guardianship of Norman
,
524 N.W.2d 358 (N.D. 1994)
Guardianship of Norman
,
521 N.W.2d 395 (N.D. 1994)
Guardianship of Nelson
,
519 N.W.2d 15 (N.D. 1994)
Conservatorship of Milbrath
,
508 N.W.2d 360 (N.D. 1993)
Guardianship of Renz
,
507 N.W.2d 76 (N.D. 1993)
Guardianship of Braaten
,
502 N.W.2d 512 (N.D. 1993)
Limited Conservatorship of Dahner
,
374 N.W.2d 604 (N.D. 1985)
McGuire v. McGuire
,
341 N.W.2d 380 (N.D. 1983)
Thompson v. First National Bank
,
269 N.W.2d 763 (N.D. 1978)