In re Guardianship of Patrick W.
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The case involves an appeal against a county court's decision to appoint a permanent guardian for Patrick W., an individual deemed incapacitated due to a stroke. The appellant, Patrick W., argued that the court erred in admitting a neuropsychological report as evidence over his hearsay objection and that without this report, the evidence was insufficient to prove his incapacitation.
Previously, Adult Protective Services (APS) had opened an investigation into Patrick's medical needs and financial management. Concerned about Patrick's vulnerability to financial exploitation, self-neglect, and undue influence, APS contacted an attorney to inquire about establishing a guardianship. Becky Stamp was identified as a potential guardian. The county court appointed Stamp as Patrick's temporary guardian, and later, Patrick's cousin, Terry Crandall, was substituted as the temporary guardian. The court also ordered Patrick to undergo a neuropsychological evaluation.
At the guardianship hearing, the county court received several exhibits into evidence and heard testimony from six witnesses, including Patrick. The court found clear and convincing evidence that Patrick was incapacitated and appointed Crandall as his permanent guardian.
The Nebraska Supreme Court affirmed the county court's decision. It held that the neuropsychological report was admissible in evidence under Nebraska Revised Statute § 30-4204, as it was a medical report obtained by the guardian ad litem regarding the person for whom she was appointed. The court also found sufficient evidence to support the county court's finding that Patrick was incapacitated and that a full guardianship was the least restrictive alternative to provide for his continuing care.
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