In re Estate of L.D.L.

• Decision Date: 05 November 2014
• Docket Number: No. DA 14–0276.,DA 14–0276.
• Citation: 348 P.3d 170 (Table)
• Court: Montana Supreme Court
• Parties: In the Matter of the ESTATE OF L.D.L., An Incapacitated Person.

348 P.3d 170 (Table)

In the Matter of the ESTATE OF L.D.L., An Incapacitated Person.

No. DA 14–0276.

Supreme Court of Montana.

Submitted on Briefs Oct. 8, 2014.

Decided Nov. 5, 2014.

For Appellant: Gizelle Letourneau (self-represented); Butte, Montana.

For Appellee: Jean Paul Letourneau (self-represented); Butte, Montana.

Opinion

Justice MICHEAL E. WHEAT delivered the Opinion of the Court.

¶ 1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of nonciteable cases published in the Pacific Reporter and Montana Reports.

¶ 2 Gizelle Letourneau (Gizelle) appeals from the order of the Montana Second Judicial District Court, Silver Bow County, denying her motion to terminate the guardianship of J.P. Letourneau (J.P.) over L.J. (formerly known as L.D.L.). We affirm.

¶ 3 On March 13, 2002, Gizelle filed a petition for appointment of a guardian for her mother, L.J. On April 26, 2002, following a hearing on the matter, the District Court issued an order finding that L.J. was an incapacitated person. In the same order, the court appointed J.P. and Colette Gladson (Colette), both children of L.J., co-guardians of L.J.

¶ 4 On September 11, 2006, L.J. married and moved to Canada. L .J. was apparently functioning well on her own at this time and was able to make her own financial decisions. Because of L.J.'s improved state, J.P. and Colette backed away from their roles as guardians, leaving L.J. to live independently with her husband in Canada. Eventually, L.J.'s husband passed away, and L.J. returned to Butte.

¶ 5 In 2012, Colette discovered that L.J. had fallen victim to a telephone or mail fraud scheme, losing a significant amount of money. Around this time, Colette again resumed responsibility for L .J.'s financial decisions as her guardian.

¶ 6 In August 2013, L.J. had a stroke

and was hospitalized. L.J. was rendered nearly immobile and required full-time care. She was placed in a rehabilitation center in Butte. Not satisfied with the care that L.J. was receiving, Colette decided in late 2013 or early 2014 to move to Butte to become L.J.'s full-time caregiver.

¶ 7 Meanwhile, during late 2013, Gizelle submitted letters to the District Court, requesting that she be granted rights to control L.J.'s personal, health, and welfare decisions. She filed a motion to terminate Colette's and J.P.'s guardianship of L.J. on October 22, 2013. Soon thereafter, Colette resigned as co-guardian for reasons related to her new role as L.J.'s caregiver.

¶ 8 After holding a hearing on Gizelle's motion, the District Court issued an order refusing to terminate J.P.'s guardianship of L .J. The court determined, among other things, that the 2002 guardianship order was still in effect and that J.P. continued to retain all the rights, privileges, and responsibilities of a full guardian of L.J.

¶ 9 On appeal, Gizelle makes several arguments, which can be consolidated and restated as follows: (1) the District Court should have determined that J.P. has not acted in the best interests of L.J. and, for this reason, should have terminated J.P.'s guardianship; and (2) the District Court erred when it determined that J.P.'s guardianship had not terminated as a matter of law.

¶ 10 With regard to the first restated argument, Gizelle claims J.P. neglected and abused L.J. in various ways and claims J.P. has not followed L.J.'s wishes. She implies that these acts would have supported a finding that J.P. did not meet his duty to act in L.J.'s best interest, and she concludes that this means that the District Court should have terminated J.P.'s guardianship.

¶ 11 We review a district court's findings of fact to determine whether they are clearly erroneous. Findings of fact are clearly erroneous if they are not supported by substantial evidence. In re Guardianship & Conservatorship of Gali, 2000 MT 83, ¶ 10,299 Mont. 178, 998 P.2d 541. The decision whether to terminate or continue a guardianship is a matter of discretion for the district court. See § 72–5–325(1), MCA (“the court ... may remove a guardian if in the best interests of the ward”); cf. In re J.A.L., 2014 MT 196, ¶ 7, 376 Mont. 18, 329 P.3d 1273 (stating that appointment of a guardian is reviewed for abuse of discretion). We review matters of discretion for abuse of discretion. In re Co–Guardianship of D.A., 2004 MT 302, ¶ 11, 323 Mont. 442, 100 P.3d 650.

¶ 12 We are neither able to review the factual findings nor the District Court's purported decision on this issue, as neither appears in the record before this Court. The District Court's order discusses the questions of law raised in Gizelle's second restated argument, but it does not make any findings of fact or explicitly address the question of whether J.P.'s guardianship is in the best interests of L.P. As no transcripts were included in the record before this Court, the District Court's order is the only indication of what issues were contested and settled during the guardianship proceeding. Based on that order, there is no indication that the...