In re Guardianship of Van Sickle

No. 03-C-1757 (N.D. Sup. Ct. filed, Nov. 15, 2004) ; Clearinghouse Number: 55815

Description

Retired Federal Judge’s Son Appeals Appointment of Father’s Corporate Guardian Placement in Facility

Abstract

Son is appealing the court appointment of a corporate guardian and conservator for his father, a retired federal judge, and placement of his father in a basic care facility. Asserting that father was incapacitated due to dementia, petitioner-appellees--two of father’s other children--sought appointment of a guardian and conservator for him. After a hearing in the father’s absence and over son’s objections, the court appointed a corporate guardian according to a stipulation by petitioners, father’s original attorney, and the guardian ad litem. Guardian thereafter moved father from a private residence to a locked dementia unit in a basic care facility, which father opposed. The court denied a show-cause motion as to removing guardian and setting aside guardian’s placement decision and later denied son’s motion for a new trial. On appeal to the North Dakota Supreme Court, appellant son argues, among other points, that the trial court should have required father’s attendance at the guardianship hearing and received direct testimony from father, abused its discretion by refusing to allow son to participate at the hearings on the show-cause motion, should have placed the burden on petitioners to show that a less restrictive alternative was unavailable, erred in not placing father in the least restrictive alternative, and failed to give son preference for appointment as guardian after other family members had waived their preference. Appellant father argues that the stipulation was invalid and that guardian unlawfully placed father in the facility. Amicus curiae AARP argues that the lower court should have applied North Dakota’s statutory standards to ensure father’s right to self-determination.

Additional Information

Attorney Information
Guardian represented by LaRoy Baird, P.C. Attorneys & Counselors at Law, 109 N. 4th St., Suite 300, P.O. Box 913, Bismarck, ND 58502. Bruce Van Sickle represented by David Boeck, Protection and Advocacy Project, 400 E. Broadway Ave., Suite 409, Bismarck, ND 58501-4071 (telephone number: 701.328.2950). Amicus Curiae AARP Foundation Litigation, 601 E St. NW, Washington, DC 20049 (telephone number: 202.434.2060).
Docket Date
2004-11-15 00:00:00+00:00