In re Conservatorship of Mueller

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In re Conservatorship of Mueller

Additional Case Names
In re Conservatorship of Mueller
Case Number
A-14-0780
A-14-0971
Call Date
October 14, 2015
Case Time
1:00 PM
Case Summary

A-14-780 & A-14-971, In re Guardianship and Conservatorship of Lorine Mueller; Margo Loop, Guardian and Conservator v. Cheryl Mueller (Appellant)

Platte County, County Judge Frank J. Skorupa

Attorney for Appellant: Clark J. Grant (Grant & Grant)

Attorneys for Appellee: Heather S. Voegele and Brenda K. Smith (Dvorak & Donovan Law Group, LLC)

Civil Action: Probate; Guardianship and Conservatorship

Action Taken by Trial Court: The county court appointed Margo Loop guardian and conservator for her mother, Lorine Mueller, finding that it was in Lorine's best interest to pass over Cheryl Mueller for the appointment even though Cheryl, as Lorine's attorney in fact under a power of attorney, had statutory priority for appointment; after appointing Margo guardian and conservator, the court authorized Margo to sell various parcels of real property to fund Lorine's care, including a 17.56 acre parcel owned by Mue-Cow Farms, Inc., a corporation of which Lorine is the majority shareholder; Cheryl has resided in a home on the Mue-Cow property since 1991 and stood to inherit the Mue-Cow property under Lorine's will.

Assignments of Error on Appeal: Cheryl assigns that the county court erred in (1) determining that the appointment of a guardian for Lorine was the least restrictive means of providing for her care, (2) determining that it was in Lorine's best interest not to appoint Cheryl as her guardian despite Cheryl's statutory priority for appointment, (3) determining that the appointment of a conservator was necessary to manage Lorine's property, (4) determining that it was in Lorine's best interest not to appoint Cheryl as her conservator despite Cheryl's statutory priority for appointment, (5) appointing Margo as guardian and conservator rather than a neutral third party, and (6) authorizing Margo to sell the Mue-Cow property.

Case Location
Lincoln
Panel Text
Moore, Chief Judge, Pirtle, and Bishop, Judges