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IN RE CONSERVATORSHIP OF DIDIER

No. 25414.

784 N.W.2d 486 (2010)

2010 SD 56

CONSERVATORSHIP OF Evelyn E. DIDIER, a person alleged to need protection.

Supreme Court of South Dakota.

Decided June 30, 2010.

Attorney(s) appearing for the Case

John K. Nooney, Robert J. Galbraith of Nooney, Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for appellant, Barbara Didier-Stager.

Frank A. Bettmann of Bettmann, Hogue, & Diedrich, Prof. LLC, Rapid City, South Dakota, Attorney for appellee Great Western Bank.

ZINTER, Justice.

[¶ 1.] Great Western Bank (Conservator) moved to declare itself the sole trustee of the Evelyn E. Didier Living Trust (Evelyn Trust) and the successor co-trustee of the Nicholas L. Didier Living Trust (Nicholas Trust) in place of Evelyn E. Didier, a protected person. Barbara Didier-Stager (Barbara), Evelyn's daughter and a beneficiary of the trusts, objected. Barbara argued that the Guardianship and Conservatorship Act (SDCL ch. 29A-5) does not...

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