In re Guardianship and Conservatorship of Inez Natalia Stierstorfer, an alleged incapacitated and protected person. Megan Malloy, appellee and cross-appellant,
Inez Natalia Stierstorfer, appellant and CROSS-APPELLEE, AND MARK MaLOUSEK, Conservator, et al., appellees.
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.
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.
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.
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.
from the County Court for Douglas County: John E. Huber,
"Woody" Bradford III and Ryan J. Dougherty, of
Houghton, Bradford & Whitted, PC, L.L.O., for appellant.
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.
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.
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.
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 ...