In the Matter of the Guardianship and Conservatorship of Thomas Lankford: Maureen Utley and Norma Ballweg v. Thomas Lankford and Elaine Hanks
301 P.3d 1092
Wyo.2013Background
- Utley and Ballweg petition to be appointed permanent guardians for their uncle Thomas Lankford.
- District court dismissed the petition, finding an unwaivable conflict of interest due to petitioners’ potential inheritance.
- Hanks (aunt) intervened and argued petitioners have interests that may conflict during guardianship.
- District court conducted evidentiary hearings and reviewed Lankford’s will; found petitioners’ expectancy to inherit created a disqualifying conflict.
- Petitioners appealed, arguing the conflict is only a mere expectancy and the statute’s waiver provision for certain relatives violates due process and equal protection.
- Court affirms the district court’s ruling disqualifying petitioners and declines to address constitutional challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a potential inheritance creates a disqualifying conflict of interest | Utley and Ballweg: expectancy is not a present interest; no conflict | Lankford’s potential inheritance may conflict with ward’s interests | Conflict exists; disqualification proper |
| Constitutionality of § 3-2-107(b) as applied to nieces and extended family | Due process/equal protection violated by excluding nieces | Statute permits waivers only for spouses/closest relatives; constitutionality not reached | Not addressed on appeal; constitutional claims not properly before court |
| Whether the district court abused its discretion by not considering constitutional challenges | Raising new constitutional arguments after judgment | Timing and procedural rules prevent consideration | Constitutional challenge not reviewed; affirmed on conflict finding |
Key Cases Cited
- Redco Constr. v. Profile Properties, LLC, 2012 WY 24 (Wy. 2012) (statutory interpretation and conflict waivers in guardianship context)
- In re Estate of Nielsen, 2011 WY 71 (WY 2011) (Rule against raising new issues on appeal; pre-judgment timing matters)
- Plymale v. Donnelly, 125 P.3d 1022 (Wyo. 2006) (motion to alter or amend post-judgment practice; timely issues)