In re Guardianship and Conservatorship of Dean A. Nelson

Summary

The South Dakota Supreme Court reviewed a circuit court order authorizing a conservator to replace Dean A. Nelson’s will and eliminate his wife’s lifetime interest in one-half of the residuary estate. The court held that although SDCL 29A-5-420 permits a conservator to amend a protected person’s will, the circuit court must make adequate factual findings based on evidence, particularly concerning the decision the protected person would have made. The court reversed the authorization because the record lacked sufficient evidence and findings.

Holdings

1. A circuit court's decision to authorize a conservator to amend a protected person's will is reviewed for abuse of discretion, while the underlying factual determinations are reviewed for clear error and statutory interpretation is reviewed de novo.
2. The circuit court abused its discretion and clearly erred by authorizing the conservator to amend Dean Nelson's will without adequate factual findings based on evidence, particularly evidence establishing the decision Dean would have made.

Questions Presented

1. Whether the circuit court erred in authorizing Dean Nelson's conservator to amend his will to eliminate Elizabeth Nelson's interest in one-half of the residuary estate.
2. What standards of review apply to a circuit court's authorization of a conservator's amendment of a protected person's will.

Disposition

reversed