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IN RE GUARDIANSHIP AND CONSERV. OF ANDERSON

No. DA 08-0568.

218 P.3d 1220 (2009)

2009 MT 344

353 Mont. 139

In the Matter of the GUARDIANSHIP AND CONSERVATORSHIP OF Lucille ANDERSON, an Incapacitated Person.

Supreme Court of Montana.

Decided October 20, 2009.

Attorney(s) appearing for the Case

For Appellant: Jeffrey G. Winter; Hartelius, Durocher & Winter, P.C.; Great Falls, Montana.

For Appellee: Patrick Watt, Warren C. Wenz; Jardine, Stephenson, Blewett & Weaver, P.C.; Great Falls, Montana (Attorneys for Appellee, Conservator T. Kai Lee, n/k/a T. Kai Groenke), Louis C. Villemez; Villemez Law Office, PLLC; Cut Bank, Montana (Court-appointed Attorney for Lucille Anderson), Merle J. Raph; Special Deputy Glacier County Attorney; Shelby, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The Ninth Judicial District Court, Glacier County, without notice or hearing, removed Laurie Wilder (Wilder) as a transfer on death (TOD) beneficiary of an investment account upon the request of the conservator for Lucille Anderson, a protected person. Upon learning of the District Court's action, Wilder filed a Rule 60(b)(4) motion for relief from the order. The District Court did not

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