In Re the Guardianship & Conservatorship of Nelson, 2017 SD 68

Dean Nelson, a farmer, executed estate plans (2008, 2012, 2013) providing Elizabeth (his wife) a lifetime trust interest in one-half of his residuary estate; the residuary remainder went to his four daughters.
After Dean was diagnosed with Alzheimer’s, a conservator (Chet Groseclose) was appointed permanently in 2013.
Conservator sought court authority to replace Dean’s will so the entire residuary would pass equally to the four daughters, eliminating Elizabeth’s residuary trust interest; a compromise will was briefly executed in 2013 but Conservator renewed the request in 2016.
At an October 12, 2016 hearing no witnesses testified and no exhibits (other than Conservator’s report) were admitted; the court approved the new will by order on October 27, 2016.
Elizabeth appealed, arguing the court erred in allowing the conservator to adopt the new will that eliminated her residuary interest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court erred in authorizing the conservator to redraft Dean’s will to eliminate Elizabeth’s one-half residuary trust	Elizabeth: court lacked adequate factual findings and record evidence to determine what Dean would have decided; authorization therefore was erroneous	Conservator/daughters: statute permits court to authorize a conservator to amend/revoke wills and the court has discretion to approve such changes (abuse-of-discretion standard)	Reversed: court abused its discretion and committed clear error by approving the will change without adequate evidentiary findings about Dean’s probable decision and the statutory factors

Milstead v. Johnson, 883 N.W.2d 725 (S.D. 2016) (standard of review for statutory interpretation)
In re Conservatorship of Didier, 784 N.W.2d 486 (S.D. 2010) (construing conservator powers under statutory text)
In re Conservatorship of Gaaskjolen, 844 N.W.2d 99 (S.D. 2014) (abuse of discretion standard for appointing conservator)
In re Guardianship of Stevenson, 825 N.W.2d 911 (S.D. 2013) (abuse of discretion standard for terminating conservatorship)
Guardianship & Conservatorship of Fischer, 752 N.W.2d 215 (S.D. 2008) (review standards in conservatorship proceedings)
In re Conservatorship of Irwin, 732 N.W.2d 411 (S.D. 2007) (clearly erroneous standard for guardianship findings)
In re Guardianship and Conservatorship of Miles, 660 N.W.2d 233 (S.D. 2003) (review of guardianship findings)
Tisdel v. Beadle Cty. Bd. Of Comm’rs, 638 N.W.2d 250 (S.D. 2001) (standard for clearly erroneous factual determinations)
In re Estate of Roehr, 631 N.W.2d 600 (S.D. 2001) (clarifying review under clearly erroneous standard)