Document Type

Case Summary

Publication Date

9-10-2023

Case Synopsis

A District Court may remove a guardian and appoint a successor without the filing of a formal, written petition. However, the protected person has appellate standing to challenge said removal and appointment. Further, a protected person has a procedural due process right to notice of a District Court’s removal and appointment considerations, but such notice may be met by court filings and court hearings where that consideration is frequently and sufficiently noted. Finally, while the District Court may not shift the burden onto the protected person to file a communication and visitation petition, the Appellant failed to meet their evidentiary burden, meaning no reversible error could found. Therefore, affirmed.

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