In the Matter of the Guardianship and Conservatorship of Elizabeth Saylor

Summary

The Montana Supreme Court reviewed whether a conservator breached fiduciary duties by leasing conservatorship property to a family member on terms that allegedly provided no financial benefit to the protected person. The Court held that the conservator's leasing judgment did not require removal, but remanded for an audit and possible reformation of the lease arrangement. A separate opinion concurred in the merits but dissented from the sua sponte remand.

Holdings

1. A conservator's breach of any trustee duty imposed by Title 72, Chapter 34, Part 1, through section 72-5-423, MCA, constitutes good cause for removal under section 72-5-414, MCA.
2. Tim did not breach his fiduciary duties so as to require his removal as conservator because the District Court reasonably found that the lease was the best arrangement available under the property's agricultural and economic conditions.
3. The Court remanded for an audit of the lease arrangement, with authority for the District Court to require reformation of the lease figures and to reconsider its prior determinations if the audit disclosed facts warranting revision.

Questions Presented

1. Whether alleged breaches of the trustee duties imposed on conservators by section 72-5-423, MCA, constitute good cause for removal under section 72-5-414, MCA.
2. Whether Tim Saylor breached his fiduciary duties or abused his position as conservator by leasing Glen Willow to his brother on the challenged terms.
3. Whether the Supreme Court could remand for an audit and possible reformation of the lease despite affirming the District Court's determination that Tim had not breached his duties so as to require removal.

Disposition

reversed_and_remanded