In re Guardianship & Conservatorship of J.F.

Summary

The Nebraska Supreme Court affirmed an order requiring the petitioner in a minor’s conservatorship proceeding to pay a guardian ad litem’s reasonable fees and costs. The court held that Nebraska Revised Statute § 30-2643 authorized assessment of those fees against the petitioner in a conservatorship proceeding, while § 30-2620.01 did not apply to a minor guardianship proceeding. The court also rejected the argument that § 30-2643 had been implicitly repealed or amended by § 30-4210.

Holdings

1. Neb. Rev. Stat. § 30-2620.01 does not provide for an award of guardian ad litem fees and costs in a guardianship proceeding for a minor.
2. Neb. Rev. Stat. § 30-2643 authorized the county court to assess the GAL's reasonable fees and costs against Gerald as the petitioner in the conservatorship proceeding.
3. Neb. Rev. Stat. § 30-2643 was not implicitly repealed or amended by § 30-4210 because the statutes apply in distinct circumstances and are not plainly and unavoidably repugnant.
4. The court would not consider objections that were not presented to or passed upon by the trial court, or that were not specifically assigned and argued on appeal.

Questions Presented

1. Whether the county court had statutory authority to assess guardian ad litem fees and costs against Gerald in a proceeding involving both a minor guardianship and a conservatorship.
2. Whether Neb. Rev. Stat. § 30-2620.01 authorized assessment of the GAL's fees in a guardianship proceeding for a minor.
3. Whether Neb. Rev. Stat. § 30-2643 had been implicitly repealed or amended by Neb. Rev. Stat. § 30-4210.
4. Whether Gerald preserved objections concerning the reasonableness of the fees and notice of the fee hearing.

Disposition

affirmed