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In re Guardianship and Conservatorship of Stierstorfer

Court of Appeals of Nebraska

May 7, 2019

In re Guardianship and Conservatorship of Inez Natalia Stierstorfer, an alleged incapacitated and protected person. Megan Malloy, appellee and cross-appellant,
v.
Inez Natalia Stierstorfer, appellant and CROSS-APPELLEE, AND MARK MaLOUSEK, Conservator, et al., appellees.

         1. Guardians and Conservators: Appeal and Error. An appellate court reviews guardianship and conservatorship proceedings for error appearing on the record made in the county court.

         2. Judgments: Appeal and Error. When reviewing a judgment for errors appearing on the record, an appellate court's inquiry is whether the decision conforms to the law, is supported by competent evidence, and is neither arbitrary, capricious, nor unreasonable.

         3. Guardians and Conservators: Evidence. A court may appoint a guardian under Neb. Rev. Stat. § 30-2620(a) (Reissue 2016) if it is satisfied by clear and convincing evidence that (1) the person for whom a guardian is sought is incapacitated and (2) the appointment is necessary or desirable as the least restrictive alternative available for providing continuing care or supervision of the person alleged to be incapacitated.

         4. Appeal and Error. An appellate court is not obligated to engage in an analysis that is not necessary to adjudicate the case and controversy before it.

          Appeal from the County Court for Douglas County: John E. Huber, Judge.

          D.C. "Woody" Bradford III and Ryan J. Dougherty, of Houghton, Bradford & Whitted, PC, L.L.O., for appellant.

          [27 Neb.App. 187] Molly M. Blazek and Alex J. McCarty, Senior Certified Law Student, of Blazek Law Group, L.L.C., for appellee Megan Malloy.

          Pirtle, Riedmannnn, and Welch, Judges.

          PIRTLE, JUDGE

         INTRODUCTION

         Inez Natalia Stierstorfer appeals from an order of the Douglas County Court which appointed a conservator for her. Megan Malloy cross-appeals, challenging the court's refusal to appoint a guardian for Stierstorfer. Based on the reasons that follow, we affirm.

         BACKGROUND

         On May 15, 2017, Malloy, Stierstorfer's granddaughter, filed a petition for the appointment of an emergency temporary guardian and the appointment of a permanent guardian and conservator for Stierstorfer. The petition nominated Malloy to serve as guardian and conservator. On the same day, the trial court entered an order appointing Malloy as temporary guardian. On May 30, an expedited hearing was held at the request of Stierstorfer. At the hearing, the trial court removed Malloy as temporary guardian and appointed Christine Solis Sahebjamii, Stierstorfer's niece, as temporary guardian until a trial could be held.

         Trial took place in July and August 2017. The evidence showed that Stierstorfer was 80 years old at the time the petition for conservatorship and guardianship was filed. Stierstorfer has two daughters, Inez Elvira Stierstorfer and ...


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