In re Guardianship of Grayson

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In re Guardianship of Grayson

Case Number
Call Date
March 29, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
County Court
Case Summary

S-21-0586 In the Matter of the Guardianship of Jill M. Grayson, An Incapacitated Adult

Appeal from the County Court for Douglas County, Judge Marcena Hendrix

Attorneys: Andrew Schill (Legal Aid of Nebraska for Appellant) and James Walter Crampton for Appellee)

Probate:  Office of Public Guardian

Proceedings below: The county court dismissed Appellant’s Petition for appointment of a Public Guardian.  Appellee has filed a Notice of Constitutional Question regarding Neb. Rev. Stat. §30-4204   

Issues: Appellant assigns the following errors:  1) the county court erred as a matter of law by failing to follow Section § 30-4204; 2) the county court erred in finding that the Guardian ad Litem report was inadmissible hearsay; 3) the failure of the court to receive the Guardian ad Litem report was not harmless error; 4) the Appellee waived any objection to the receipt of the Guardian ad Litem report into evidence by failing to file a response to the report within ten (10) days of its submission pursuant to Neb. Rev. Stat. § 30-2619.04, and therefore the county court erred by sustaining appellee’s objections to receiving the report into evidence; and 5) the combination of the Guardian ad Litem Report and the testimony of the guardian met the burden of clear and convincing evidence.

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