In the Matter of the Guardianship and Conservatorship of Thomas Lankford: Maureen Utley and Norma Ballweg v. Thomas Lankford and Elaine Hanks

2013 WY 65, 301 P.3d 1092, 2013 WL 2278482, 2013 Wyo. LEXIS 69
CourtWyoming Supreme Court
DecidedMay 24, 2013
DocketS-12-0202
StatusPublished
Cited by19 cases

This text of 2013 WY 65 (In the Matter of the Guardianship and Conservatorship of Thomas Lankford: Maureen Utley and Norma Ballweg v. Thomas Lankford and Elaine Hanks) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of the Guardianship and Conservatorship of Thomas Lankford: Maureen Utley and Norma Ballweg v. Thomas Lankford and Elaine Hanks, 2013 WY 65, 301 P.3d 1092, 2013 WL 2278482, 2013 Wyo. LEXIS 69 (Wyo. 2013).

Opinion

HILL, Justice.

[T1] Maureen Utley (Utley) and Norma Ballweg (Ballweg) (collectively Petitioners) petitioned to be appointed permanent guardians of their elderly uncle, Thomas Lankford. The district court dismissed the guardianship petition after finding Petitioners were not qualified to serve as guardians because their potential to inherit from Lankford created a disqualifying conflict of interest. On appeal, Petitioners contend that the district court erred in finding a conflict of interest. In the alternative, they assert that the guardianship conflict waiver statute, which allows a court to waive conflicts but limits that authority to conflicts of a spouse, adult child, parent, or sibling of a ward, violates their due process and equal protection rights. We affirm.

ISSUES

[12] Petitioners present the following issues on appeal:

Issue No. One: Statute Did Appellants have "interests that may conflict" with those of the ward "during the guardianship period" simply because Appellants were nieces and potential beneficiaries of the ward's Will such that they were precluded from serving as guardians for their Uncle?
Issue No. Two: Due Process: Can the State, consistently with due process requirements under the U.S. Constitution and the Wyoming Constitution, irrebutt-ably presume under Wyo. Stat. Ann. § 8-2-107 that all persons other than a "spouse, adult child, parent or sibling" have a conflict of interest with the ward without allowing those persons to provide individualized proof that they are competent to serve as guardian for their relative or individualized proof that the conflict is insubstantial?
Issue No. Three: Equal Protection: Why should the interests of a "spouse, adult child, parent or sibling" be subject to the statutory exception under Wyo. Stat. Ann. § 3-2-107(b) allowing for a hearing, but *1095 not those of nieces, nephews, cousins, and other relatives? Is Wyo. Stat. Ann. § 83-2-107 violative of equal protection under the U.S. Constitution and the Wyoming Constitution ?

FACTS

[13] On April 11, 2011, Utley filed a Verified Petition to Establish Guardianship and Conservatorship (Petition), through which she sought to be appointed permanent guardian and permanent conservator for the person and estate of Lankford. When the Petition was filed, Lankford was ninety-three years old, and Utley alleged:

A guardianship and conservatorship are needed to assist Thomas Lankford with his personal, financial and medical decisions as he is unable, unassisted to care for himself and his property and to make personal, financial, educational, and medical decisions due to his advanced age and the onset of Alzheimer's. . ..

[14] On May 3, 2011, Elaine Hanks (Hanks), another of Lankford's nieces, moved to intervene in the matter. Through that motion, Hanks objected to the appointment of Utley as guardian/conservator and asserted that if an appointment is made, it should be Hanks who is appointed guardian/conservator. Hanks filed her own motion to be appointed guardian/conservator along with her motion to intervene.

[15] Lankford entered an appearance through his attorney and objected to the Petition, denying that there was any need for appointment of a guardian or conservator. On May 11, 2011, the district court entered an order appointing Utley and Ballweg, Ut-ley's cousin, as temporary co-guardians and co-conservators. 1 Lankford objected to the temporary appointment, but the other parties stipulated to the appointment. In regard to Hanks' stipulation, the court found as follows:

[Counsel] advised the Court that while his client, Elaine Hanks, is not withdrawing her Motion to Intervene, and/or her Petition to serve as Thomas Lankford's guardian, she would be willing to stipulate to the appointment of Norma Ballweg and Maureen Utley [as] temporary co-guardians and temporary co-conservators while Thomas Lankford receives a medical examination.

[16] On August 5, 2011, Hanks filed a motion seeking to terminate the temporary guardianship/conservatorship and requesting a ruling on her motion to intervene. On January 5, 2012, the district court entered a stipulated order to appoint First Interstate Bank as Lankford's permanent conservator. The order was consented to by Lankford and his guardian ad litem, as well as Hanks, Utley, and Ballweg. On January 12, 2012, the parties filed a stipulation allowing Hanks to intervene in the guardianship proceedings. Through that filing, Hanks withdrew her petition to be appointed Lankford's temporary guardian, asserted her continuing objection to Petitioners serving as Lankford's guardians, and requested that a professional guardian be appointed. On January 13, 2012, the court entered an order allowing Hanks to intervene in the guardianship proceeding.

[17] On January 26, 2012, Hanks filed a document entitled Brief to the Court on Wyoming Guardianship Law. In that filing, Hanks again advised the district court that' she was not seeking appointment as Lank-ford's guardian, but she objected to Petitioners' appointment because their appointment would be contrary to Lankford's best interests and his express wishes. With regard to the alleged conflict of interest, Hanks argued, in part:

26. In the present case, Thomas Lank-ford executed a Will in which he sets forth the beneficiaries of his estate after he passes away.
27. As previously stated, Thomas Lank-ford is not married nor does he have children. His closest living heirs include his *1096 brother Bill Lankford, and his nieces and nephews.
28. As recognized by Wyoming law, as heirs and/or beneficiaries' (sic) to Thomas Lankford's estate, the proposed permanent guardians, Maureen Utley and Norma Ballweg, stand to inherit substantially at Mr. Lankford's death and therefore have "interests that may conflict with those of the ward." Wyo. Stat, Ann. § 3-2-107(a)Giii).
29. Pursuant to Wyo. Stat. Ann. § 3-2-107(b) the Court can waive certain conflicts of interest with regard to heirs but not the conflict present in this matter:
A Person may be appointed as guardian of a respondent, notwithstanding the provisions of subsection (a) of this seetion that would otherwise disqualify the person, if the person is the spouse, adult child, parent or sibling of the respondent and the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the best interests of the respondent. (Emphasis added.)
30. The Wyoming Legislature specifically excluded extended family members, including nieces, from its exhaustive list of those who have conflicts of interest that the Court can ultimately waive.
31. As Thomas Lankford's nieces, both Maureen Utley and Norma Ballweg are not qualified persons to serve as his permanent guardian because of their respective conflicts of interest, which cannot be waived pursuant to Wyo. Stat. Ann. § 3-2-107(b).

[T°8] An evidentiary hearing on the Petition was held on January 27, 2012, and June 14, 2012.

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2013 WY 65, 301 P.3d 1092, 2013 WL 2278482, 2013 Wyo. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-guardianship-and-conservatorship-of-thomas-lankford-wyo-2013.