Sheets v. U.S. Department of Veterans Affairs

2002 WY 17, 39 P.3d 1021, 113 A.L.R. 5th 675, 2002 Wyo. LEXIS 25, 2002 WL 171295
CourtWyoming Supreme Court
DecidedFebruary 5, 2002
Docket00-267
StatusPublished
Cited by6 cases

This text of 2002 WY 17 (Sheets v. U.S. Department of Veterans Affairs) 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
Sheets v. U.S. Department of Veterans Affairs, 2002 WY 17, 39 P.3d 1021, 113 A.L.R. 5th 675, 2002 Wyo. LEXIS 25, 2002 WL 171295 (Wyo. 2002).

Opinions

LEHMAN, Chief Justice.

[T1] This is an appeal from an order setting aside a deed executed by Paul K. Andrews (Andrews) to appellants Ethel Sheets and Blanche Wood. The district court set aside the deed as void after determining Andrews had been adjudicated an incompetent person in 1989, and thus did not have the power to execute the deed. Appellants assert that Andrews has never been "adjudicated" as incompetent and that the appointment of a conservator for Andrews under the Uniform Veterans' Guardianship Act (UVGA), Wyo. Stat. Ann. §§ 3-6-101 through 3-6-119, is of limited effect and cannot be used as a mechanism to set aside their warranty deed. We agree and reverse the district court's order setting aside the deed and remand for proceedings consistent with this opinion.

ISSUES

[¶2] Appellants present these issues for review:

I. The lower court was without in perso-num jurisdiction over the person and property of the ward for want of personal service.
II. If the Court had jurisdiction over any property of Andrews, it was limited to the monies received by him from the Bureau of Veterans Affairs as disability compensation and the earnings, interest and profits therefrom.
III. The Court erred as a matter of law in finding that Andrews did not have the power to convey his property on November [25], 1998 and declaring the warranty deed from Paul K. Andrews to Ethel Sheets and Blanche Wood void, and setting it aside.
IV. The Court's findings and conclusions were erroneous as a matter of fact and law.

Appellees Department of Veterans Affairs and conservators assert these issues:

I,. Appellants have no standing to challenge the lower court's exercise of in per-sonum jurisdiction over the original guardianship proceeding.
II. Laches, waiver and res judicata preclude a collateral attack of the 1989 court proceedings.
III. The trial court's findings and conclusions contained in the order appealed from are not clearly erroneous.

[1023]*1023FACTS AND PROCEDURAL HISTORY

[T3] Andrews is a veteran who is entitled to benefits. In January of 1989, the Veterans' Administration (hereinafter "the VA") in an ex parte administrative proceeding rated Andrews, then aged sixty-two, as incompetent. See 38 C.F.R. $ 3.358. Subsequently, though Andrews continued to live in his Story, Wyoming home unassisted, on April 18, 1989, a Petition for Appointment of Conservator and Guardian was filed in the probate court of Sheridan County by Key Bank of Wyoming and Jack R. Andrews (Andrews' brother). This petition was captioned "In the Matter of the V.A. Guardianship and Conservatorship of Paul K. Andrews, an incompetent." -It alleged inter alta:

9. That Paul K. Andrews is a veteran and receives a retirement in the sum of Seven Hundred and Eighty Dollars ($780.00) per month and a disability payment in the sum of One Thousand Four Hundred and Eleven Dollars ($1,411.00) per month.
10. That the appointment of a Guardian or Conservator of his estate is necessary, as Paul K. Andrews is unable to manage his financial affairs and as a condition precedent to the continuing payment of monies due him by the Veterans Administration.
11. That notice of these proceedings has been served upon the Veterans Administration Medical Center at Sheridan, Wyoming.

[¶4] In their prayer for relief, the petitioners requested

that Key Bank of Wyoming, Trust Division, and Jack R. Andrews be appointed Co-Conservators of the estate of Paul K. Andrews, an incompetent, that Jack R. Andrews be appointed Guardian of the person of Paul K. Andrews, and that letters of guardianship be issued to the Co-Guardians of the estate and to the Guardian of the person of Paul K, Andrews upon the taking of the oath prescribed by law and bond as set by the Court.

Jack R. Andrews, the Vice President/Trust Officer of Key Bank, and the attorney for the petitioners signed the petition.

[¶5] Attached to the petition were two certificates. The first, dated October 20, 1988, was signed by a physician employed by the Veterans' Hospital certifying that he had examined Andrews on that date and stating his opinion that Andrews was incompetent to manage his financial affairs unassisted. It further declared, "this Certificate is made and given pursuant to Wyoming Statutes, Sections 8-6-101 through 8-6-119." The District Counsel for the Veterans' Administration in the State of Wyoming executed the second certificate, dated February 6, 1989. It certified that the VA had rated Andrews incompetent and that "appointment of a guardian is a condition precedent to the continuing payment of monies due Paul K. Andrews by the Veterans Administration." 1 It further stated that, "this Certificate is made and given pursuant to Section 3-6-107, Wyoming Statutes 1977."

[¶6] On the date the petition was filed, the district court issued an Order Appointing Conservator and Guardian which named Key Bank of Wyoming and Jack R. Andrews as co-conservators to the estate of Andrews and Jack R. Andrews as guardian. Pursuant to the court's order, an initial inventory and receipt of estate assets was executed by Key Bank, approved by VA district counsel, and filed with the district court on August 1, 1989. In December of 1989, the co-conservators petitioned the court to order Andrews an allowance of $1,200 per month, to order the purchase of a new satellite dish, to order reasonable funds disbursed to pay for Andrews' traveling expenses to visit his family in Idaho and California, and to order the donation of Andrews' 1971 Jeep to Sheridan County Search and Reseue. On January 11, 1991, Andrews executed a Last Will and [1024]*1024Testament revoking his previous wills and codicils.

[¶7] In August of 1992, the co-conservators petitioned the court for: 1) a hearing on the annual accounting of Andrews' estate; 2) an order authorizing payment for a $1,255.81 feed and equipment bill Andrews had incurred; and 3) an order changing the "co-guardianship" from Key Bank Trust Company to an appropriate financial institution in Buffalo, Wyoming. Upon the hearing, with no objection from the co-conservators or the VA, First National Bank of Buffalo, Wyoming was substituted as co-conservator for Key Bank of Wyoming. During the course of 1998, with leave of the court and no objection by the co-conservators or the VA, Andrews sold his real property and home in Story and purchased a smaller home in Sheridan, Wyoming.

[¶8] Sometime in the fall of 1994, Appellant Ethel Sheets, Andrews' cousin, moved from Powell, Wyoming to Sheridan. Her mother, appellant Blanche Wood, is Andrews' aunt and a long-time resident of Sheridan. Ms. Sheets began to live with Andrews in his home and undertook cooking for Andrews as well as general home care. Later that year, apparently concerned about this arrangement and Ms. Sheets' access to Andrews' allowance income, the co-conservators unsue-cessfully attempted to evict her from Andrews' home.

[¶9] On September 11, 1995, Andrews petitioned the court to terminate his guardianship.

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Bluebook (online)
2002 WY 17, 39 P.3d 1021, 113 A.L.R. 5th 675, 2002 Wyo. LEXIS 25, 2002 WL 171295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheets-v-us-department-of-veterans-affairs-wyo-2002.