In the Matter of the Guardianship of Robert A. Sands: Robert A. Sands v. Richard Brown, Guardian and Conservator
301 P.3d 128
Wyo.2013Background
- The district court appointed Brown as guardian and conservator for Sands after Sands was found unable to care for himself.
- Sands petitioned to terminate the guardianship; the district court denied it, but later, at a review, terminated the guardianship.
- Brown then sought fees; the district court reopened the guardianship to decide the fee petition.
- Before the fees hearing, Sands filed a complaint accusing Brown of fiduciary breaches and mismanagement.
- At a final hearing, the court found Brown substantially complied with statutes and duties, awarded fees, and ordered the piano returned to Sands; Sands appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly continued the guardianship | Sands argues continuation was improper given Sands’ improved condition. | Brown argues continued guardianship was warranted by Sands’ condition and evidence. | Guardianship continued; findings supported ongoing need. |
| Whether Brown substantially complied with statutes and fiduciary duties | Sands claims Brown violated inventories and misused assets. | Brown contends substantial compliance with reporting and fiduciary duties. | Brown substantially complied and did not breach fiduciary duties. |
| Whether the final hearing on fees properly addressed Sands’ complaint | The complaint should be heard separately from the fee determination. | The hearing appropriately addressed both the accounting and the fee issues. | Waiver of certain objections; court properly addressed the dispute and ruled. |
Key Cases Cited
- Verheydt v. Verheydt, 295 P.3d 1245 (Wy. 2013) (waiver requires unequivocal intent; silence alone not enough)
- Cathcart v. Meyer, 88 P.3d 1050 (Wy. 2004) (waiver analysis in procedural rights)
- Jensen v. Fremont Motor Cody, Inc., 58 P.3d 322 (Wy. 2002) (unasserted rights require clear manifestation to waive)
- DJM v. DM (In re SRB-M), 201 P.3d 1115 (Wy. 2009) (clear error standard for factual findings)
- Fix v. South Wilderness Ranch Homeowners Ass’n, 280 P.3d 527 (Wy. 2012) (issues not supported by authority are not addressed)