GUARDIANSHIP OF GARCIA v. GARCIA

No. S-00-893.

631 N.W.2d 464 (2001)

262 Neb. 205

In re GUARDIANSHIP AND CONSERVATORSHIP of Ida GARCIA, an incapacitated person. Arthur Gonzales, guardian and conservator, appellee, v. Simon and Betty GARCIA, interested persons, appellants.

Supreme Court of Nebraska.

July 13, 2001.


Attorney(s) appearing for the Case

John P. Weis, of Sorensen, Zimmerman & Mickey, P.C., Scottsbluff, for appellants.

Thomas T. Holyoke, of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellee.

HENDRY, C.J., WRIGHT, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


WRIGHT, Justice.

NATURE OF CASE

In this case, we are asked to consider whether a conservator may be allowed to "step into the shoes" of an incompetent settlor in order to amend a revocable trust that was created prior to the settlor's incompetency. For the reasons set forth herein, we reverse the decision of the lower court, which granted the conservator the right to make changes to the trust, and we remand the cause with directions that the conservator...

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