19 N.W.3d 513
S.D.2025Background
- Charlene Monfore petitioned to be appointed guardian and conservator for her elderly mother, Gerda Flyte, who has advanced dementia and significant assets.
- Gerda's son, Roger Flyte, objected to Charlene's appointment and sought appointment himself, raising concerns about Charlene's care and financial management.
- Evidence of family conflict, questionable medical and financial decisions by Charlene, and the disruptive presence of Charlene’s son, Matthew, were key at hearing.
- The circuit court declined to appoint either Charlene or Roger, instead appointing a for-profit third-party, Black Hills Advocate, LLC (BHA), as guardian and conservator.
- Charlene appealed, arguing the statute does not allow for-profit entities as guardians/conservators and that the court abused its discretion in not appointing her.
- The Supreme Court affirmed the denial of Charlene’s appointment, but held that SDCL 29A-5-110 prohibits appointment of for-profit entities (except certain financial institutions) as guardians or conservators, reversing the appointment of BHA and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether not appointing Charlene was an abuse of discretion | Charlene: Circuit court erred; evidence favors her | Roger: Charlene’s care had multiple shortcomings | Circuit court's decision supported by evidence; no abuse of discretion |
| Whether court can appoint a third-party sua sponte | Charlene: Statute limits to nominees of interested parties | Roger: Court has broad discretion under statute | Court may appoint a third-party on its own where in protected person’s best interest |
| Whether for-profit entities can be appointed as guardian/conservator | Charlene: Statute allows only nonprofit, public agency, bank/trust co. | BHA/Roger: For-profits not expressly forbidden, common-sense approach | Statute unambiguously forbids for-profit entities (other than banks/trust cos.) |
| Whether Roger is entitled to appellate attorney fees | n/a | Roger: Seeks full appellate fees | Awarded half his requested appellate attorney fees |
Key Cases Cited
- In re Guardianship of Blare, 589 N.W.2d 211 (S.D. 1999) (court may appoint third-party guardian over family if in protected person’s best interests)
- In re Guardianship & Est. of Jacobsen, 482 N.W.2d 634 (S.D. 1992) (court has broad discretion in appointment of guardians and conservators)
- Miller v. Hernandez, 520 N.W.2d 266 (S.D. 1994) (appellate courts do not reweigh evidence, must defer to fact-finder)
- In re Est. of Pringle, 751 N.W.2d 277 (S.D. 2008) (standard for clearly erroneous findings)