IN RE GUARDIANSHIP OF GALI
| Decision Date | 04 April 2000 |
| Docket Number | No. 99-683.,99-683. |
| Parties | In the Matter of the GUARDIANSHIP and Conservatorship OF Anton GALI, An incapacitated person. |
| Court | Montana Supreme Court |
Frank C. Richter, Richter, Torkelson, Hanson & Tucker, Billings, Montana, For Appellant. A. Lance Tonn, Lucas & Tonn, Miles City, Montana, For Respondent.
¶ 1 Anton W. Gali appeals an order of the Sixteenth Judicial District Court, Powder River County, which refused his request to substitute two new guardians and conservators for those previously appointed for him. We affirm.
¶ 2 The issues are:
¶ 3 1. Did the District Court err in refusing to remove the present guardians and conservators and appoint new ones?
¶ 4 2. Do the present guardians and conservators have authority to terminate legal representation for Gali?
¶ 5 3. Does venue for this action lie in Yellowstone County?
¶ 6 In May 1998, two of 82-year-old Anton W. Gali's six adult children petitioned to be appointed as his guardians and conservators, asserting that his advancing age and bipolar mental disorder rendered him an incapacitated person. The District Court appointed an attorney to represent Gali and a physician to examine him. Following a hearing, the petitioning children were appointed as Gali's co-guardians and conservators and were ordered to file annual financial accountings with the court.
¶ 7 In March 1999, Gali, through his appointed counsel, moved the court for termination of his incapacity or, in the alternative, for removal of his co-guardians and conservators and appointment of others to serve in those capacities. By the time of the September 1999 hearing on the motion, however, Gali had become quite ill and conceded that continuation of a guardianship and conservatorship was appropriate. At the hearing, Gali's counsel argued only for the appointment of new guardians and conservators, based upon Gali's unhappiness with his son and daughter's performance in those roles. Specifically, counsel presented evidence that prior to Gali's most recent illness, he felt that his son and daughter did not communicate with or visit him enough, provide him with enough spending money, or forward his mail to him promptly enough.
¶ 8 At the conclusion of the hearing, the court denied the request for appointment of new guardians and conservators. The court stated that Gali had not proven that his present guardians and conservators had failed to act in an appropriate fashion. Gali appeals.
¶ 9 Did the District Court err in refusing to remove the present guardians and conservators and appoint new ones?
¶ 10 Under Rule 52(a), M.R.Civ. P., this Court reviews a district court's findings of fact to determine whether they are clearly erroneous. Findings are clearly erroneous if they are not supported by substantial evidence, if the trial court has misapprehended the effect of the evidence, or if this Court is left with a definite and firm conviction that a mistake has been committed. Interstate Production Credit v. DeSaye (1991), 250 Mont. 320, 323, 820 P.2d 1285, 1287. We review conclusions of law to determine whether they are correct. Steer, Inc. v. Department of Revenue (1990), 245 Mont. 470, 474, 803 P.2d 601, 603.
¶ 11 As indicated above, the issue at the hearing on Gali's motion was limited to whether the co-guardians and conservators should be substituted. Gali contends that there was evidence in the record which would have supported findings that his son and daughter did not meet their duties to act in his best interests. However, the existence of evidence which might support a finding does not require a district court to make that finding. Yellowstone Basin Properties, Inc. v. Burgess (1992), 255 Mont. 341, 352, 843 P.2d 341, 348.
¶ 12 Gali's sister, whom he proposed as a substitute guardian and conservator, testified on his behalf. While she took exception to some of the interpersonal relations between Gali and his co-guardians and conservators, the court found that this fell short of grounds for their removal. The record reflects, and the court found, that Gali's sister also opined that the co-guardians and conservators were doing a good job of running Gali's ranch, managing corporate affairs for the ranch, and managing Gali's financial affairs. The court further found, and the record supports the finding, that Gali's expert psychiatric witness acknowledged that given his illness and all of the extenuating circumstances, Gali would have most likely been unhappy with the actions of any guardian and conservator and any financial limits which may have been placed upon him. The court found that no substantive proof had been produced of any misconduct by the co-guardians and conservators in the performance of their duties. These findings are supported by substantial evidence and are not otherwise clearly erroneous.
¶ 13 The District Court concluded that the present co-guardians and conservators had appropriately performed their duties, and did not terminate their...
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In re Estate of L.D.L.
...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 dis......
- State v. Zabransky