IN RE CO-GUARDIANSHIP OF D.A.

No. 03-570.

100 P.3d 650 (2004)

2004 MT 302

323 Mont. 442

In re the Matter of CO-GUARDIANSHIP OF D.A., JR., An incapacitated person.

Supreme Court of Montana.

Decided October 27, 2004.


Attorney(s) appearing for the Case

For Appellant: Tony C. Koenig, Michelle J. Maltese, Special Assistant Attorneys General, Montana Department of Public Health and Human Services, Helena, Montana.

For Respondent: Mary Kay Starin, Mary Kay Starin, P.C., Butte, Montana, David J. Wing, Butte, Montana.


Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 D.A., Sr. (DAS), filed a petition in the Second Judicial District Court, Silver Bow County, for appointment of temporary full co-guardianship of D.A., Jr. (DAJ). After an emergency hearing, the court appointed DAS and a designee of the Montana Department of Public Health and Human Services (DPHHS) as temporary full co-guardians of DAJ. The State appeals. We affirm.

¶ 2 We address the following...

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