In re Guardianship & Conservatorship of Brown
A-23-1015
Neb. Ct. App.Nov 5, 2024Background
- William C. Brown, an elderly individual diagnosed with dementia, had significant assets and executed a durable power of attorney in 2021 naming Steven E. Clason and his daughter Gail as coagents.
- Brown's other daughter, Hildreth, initiated guardianship and conservatorship proceedings, alleging incapacity and financial abuse by Clason.
- Temporary guardianship was granted to Hildreth, but both Hildreth and Clason were later found unsuitable for permanent roles due to background concerns.
- All parties (including Clason) stipulated in April 2023 that Brown was incapacitated and in need of a permanent guardian and conservator; Heartland Trust Company was appointed conservator.
- Clason later sought to withdraw from the stipulation and dismiss proceedings in favor of the original power of attorney, also nominating himself (and Gail) as guardian; these actions were found frivolous by the court, resulting in attorney fee sanctions against Clason and his attorney.
- On appeal, Clason challenged the failure to honor the power of attorney, denial of his withdrawal and dismissal motions, and the imposition of sanctions.
Issues
| Issue | Clason's Argument | Opposing Argument | Held |
|---|---|---|---|
| Removal of Hildreth as guardian and recognition of POA | Brown's durable POA should be honored; no need for guardian | Guardian and conservator necessary due to incapacity | Moot, as permanent appointments made per parties' stipulation |
| Motion to withdraw stipulation, vacate proceedings, dismiss case | Post-stipulation changes (Hildreth's removal, etc.) justify withdrawal, POA should prevail | All facts about Hildreth known before stipulation; no evidence of fraud or duress | Clason bound by stipulation freely entered; court followed law |
| Sanctions for frivolous/bad faith litigation | Motions made in good faith based on legal research | Clason's pleadings wasteful and relitigated settled matters | No abuse of discretion; attorney fees properly awarded |
Key Cases Cited
- In re Guardianship of Nicholas H., 309 Neb. 1 (guardianship and conservatorship review standards)
- Parks v. Hy-Vee, 307 Neb. 927 (legal effect and enforceability of stipulations)
- In re Estate of Mithofer, 243 Neb. 722 (requirements for setting aside stipulations)
- Seldin v. Estate of Silverman, 305 Neb. 185 (standard for awarding attorney fees for frivolous litigation)
- In re Trust Created by Nabity, 289 Neb. 164 (mootness doctrine in estate and trust matters)