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OLIVA v. OLIVA

Nos. WD 62366, WD 62415.

113 S.W.3d 269 (2003)

In the Matter of Erma Z. OLIVA, Incapacitated/Disabled, Appellant, v. John G. OLIVA, Jr., Appellant; R.W. Shackelford, Respondent; and Martha Pollard, Limited Guardian and Conservator for Erma Z. Oliva, Respondent.

Missouri Court of Appeals, Western District.

August 26, 2003.

Attorney(s) appearing for the Case

James A. Rust, Lexington, for Appellant, Erma Z. Oliva.

Weldon W. Perry, Jr., Lexington, for Appellant, John G. Oliva.

John C. Giorza, Lexington, for Respondent, Martha Pollard.

Randall W. Shackelford, Lexington, respondent pro se.

Before PAUL M. SPINDEN, P.J., THOMAS H. NEWTON and RONALD R. HOLLIGER, JJ.

THOMAS H. NEWTON, Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

On March 24, 2000, Ms. Erma Oliva filed a Nomination of Guardian and Conservator in Lafayette County Circuit Court, which designated her son, John G. Oliva, Jr., to serve both as her guardian and conservator "in the event [she was] found to be incapacitated or partially incapacitated." On June 22, 2000, the trial court issued an order declaring Ms. Oliva as being partially incapacitated and partially...

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