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IN RE WOLTEMATH

No. S-02-550.

680 N.W.2d 142 (2004)

268 Neb. 33

In re Guardianship and Conservatorship of W.G. WOLTEMATH, also known as Wilmer Woltemath, also known as Wilmer Johan Gotlieb Woltemath, an incapacitated and protected person. Kathleen A. Reents, appellant, v. Robert J. Woltemath, attorney in fact for W.G. Woltemath and Trustee of the Wilmer G. Woltemath Trust, appellee.

Supreme Court of Nebraska.

May 28, 2004.

Attorney(s) appearing for the Case

William E. Seidler, Jr., of Seidler & Seidler, P.C., Omaha, for appellant.

Gregory C. Scaglione, of Koley Jessen P.C., L.L.O., Omaha, for appellee.

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

GERRARD, J.

BACKGROUND

Kathleen A. Reents (Kathleen), the appellant, and Robert J. Woltemath (Robert), the appellee, are the adult children of W.G. Woltemath (W.G.). In 1995, W.G. executed a series of estate planning documents prepared by an attorney from the Koley Jessen law firm, which represented W.G. at that time and represents Robert in the current proceeding. In particular, W.G. executed a "springing" durable power of attorney, a health care power...

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