REDIES v. COSNER

Nos. 00481, 00486.

48 P.3d 697 (2002)

309 Mont. 315

2002 MT 86

Janet B. REDIES, Protected Person and Appellant, v. C.A. COSNER and Judy Uerling, Petitioners and Respondents.

Supreme Court of Montana.

Decided May 2, 2002.

Rehearing Denied May 30, 2002.


Attorney(s) appearing for the Case

For Appellant: Alexandra Volkerts, Andree Larose, Montana Advocacy Program, Missoula, Montana.

For Respondents: Lynn M. Grant, Peterson & Schofield, Billings, Montana (Conservator Cosner); John Addy, Billings, Montana (Conservatorship and Guardian Uerling).

For Amici: James P. Reynolds, Reynolds, Motl, Sherwood, Helena, Montana (AARP; ADAPT Montana; the Association of Disabled Students at the University of Montana (ADSUM); AWARE Group Homes (AWARE); the Brain Injury Association of Montana (BIA); the Coalition of Montanans Concerned with Disabilities (CMCD); the Montana Center for Disabilities (MCD); the Montana Mental Health Association (MHA); the Montana Senior Citizens Association (MSCA); NAMI — Montana Association for the Mentally Ill (NAMI-MT); People First; Parent's, Let's Unite for Children (PLUK); the State Independent Living Centers Council (SILC); Summit Independent Living Center (Summit); and the Western Montana Mental Health Center, Inc. (WMMHC)).


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The Appellant, Janet Redies (Redies), appeals from two orders of the Thirteenth Judicial District Court, Yellowstone County, discharging the Respondents, her conservator, C.A. Cosner (Cosner), and her guardian, Judy Uerling (Uerling), without liability. We reverse.

¶ 2 We address the following issues on appeal as framed by this Court:

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