In re Guardianship of Nelson

When Peggy Nelson was ninety-one years old, she executed a durable power of attorney giving John Rice numerous powers over her personal and financial affairs. When Peggy was ninety-four years old, her niece and nephew petitioned the circuit court to appoint a guardian and conservator for Peggy and her estate, alleging that Rice was plundering Peggy's estate by misuse of the power of attorney. The circuit court subsequently appointed a temporary emergency guardian and conservator for Peggy to protect her personal and financial interests. After the circuit court extended the appointment of the temporary emergency guardian and conservator, Rice requested the court to set aside its previous orders as void due to the court's failure to follow regular procedures in the proceeding. The court denied Rice's petition. Rice appealed, contending that the court's failure to follow the mandates of the South Dakota Guardianship and Conservatorship Act extinguished the court's jurisdiction to appoint the guardian and conservator. The Supreme Court affirmed but remanded the matter for the court to fulfill the requirements of the Act, including its continued administration of the guardianship and conservatorship. View "In re Guardianship of Nelson" on Justia Law