In re Trust Created by Nabity

In 1998, a trust was established for the care of Evelyn A. Nabity. In 2011, Evelyn amended the trust agreement that changed the identity of the trustees. In 2012, Evelyn’s son, Robert, petitioned for the appointment of a guardian, conservator, and guardian ad litem for Evelyn and for registration and administration of the trust. Robert argued that Evelyn had not been competent to amend the trust agreement and requested a determination of the proper trustees. In the trust administration proceeding, the county court found that Evelyn was not competent to execute the trust amendment and entered an order declaring Robert and his brother cotrustees. In the guardianship proceeding, the county court set aside a health care power of attorney Evelyn executed in 1998 and ordered Robert to serve as Evelyn’s permanent guardian and conservator. The Supreme Court affirmed, holding (1) there was clear and convincing evidence that Evelyn was incompetent to execute the amendments to the trust agreement; and (2) the appointment of a permanent guardian and conservator for Evelyn did not deny her the benefit of a valid health care power of attorney. View "In re Trust Created by Nabity" on Justia Law