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In re Guardianship and Conservatorship of Bratton

Supreme Court of Wyoming

December 29, 2015

IN THE MATTER OF THE GUARDIANSHIP AND CONSERVATORSHIP OF WILLIAM G. BRATTON, Ward, ROBERT E. BRATTON, Appellant (Petitioner),
v.
JEANNE BLENKINSOP, Appellee (Respondent)

Appeal from the District Court of Park County. The Honorable Steven R. Cranfill, Judge.

Appellant, Pro se.

For Appellee: Mary H. Reed, McCarty, Reed and Earhart, Attorneys at Law, LC, Cody, Wyoming.

Guardian Ad Litem: Dawn R. Scott, Bonner Law Firm, PC, Cody, Wyoming.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

OPINION

Page 859

BURKE, Chief Justice.

[¶1] These three consolidated appeals arise in connection with the guardianship and conservatorship of William Bratton. His brother, Appellant Robert Bratton, challenges the district court's acceptance of the Guardian's Second Report and the Conservator's First Annual Accounting filed by his sister, Appellee Jeanne Blenkinsop. We will affirm and award reasonable costs and attorney's fees to Ms. Blenkinsop.

ISSUES

[¶2] The issues to be decided in this appeal are as follows:

1. Does Mr. Bratton[1] have standing to pursue these appeals?
2. Did the district court err in approving the Guardian's Second Report?
3. Did the district court err in denying Mr. Bratton's motion for additional time to respond to a decision letter approving the Guardian's Second Report?

Page 860

4. Did the district court err in accepting the Conservator's First Annual Accounting?
5. Should Ms. Blenkinsop be awarded attorney's fees and costs under W.R.A.P. 10.05(b)?

FACTS

[¶3] On June 29, 2012, Mr. Bratton filed a petition to be appointed William Bratton's guardian. Ms. Blenkinsop responded with a counter petition seeking to be appointed guardian and conservator. Both asserted that William Bratton's mental disability rendered him unable to handle some of his personal and financial affairs, and that it would be in his best interests to have a guardian or a guardian and conservator appointed. The district court, on its own motion, appointed a guardian ad litem for William Bratton.

[¶4] On September 9, 2013, the district court issued an order granting temporary guardianship and conservatorship to Ms. Blenkinsop. It also dismissed Mr. Bratton's petition for guardianship as a sanction for his failure to attend a pretrial conference. Mr. Bratton appealed. We affirmed. Bratton v. Blenkinsop (In re Bratton), 2014 ...


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