In re Conservatorship of Kocemba

429 N.W.2d 302 (1988)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

In re Conservatorship of Kocemba

Minnesota Court of Appeals
429 N.W.2d 302 (1988)

Facts

Helen Kocemba (plaintiff) became confused and depressed after her husband’s death. In 1985 Luana Webster (defendant), Kocemba’s niece, filed an involuntary petition for appointment as conservator. The trial found that Kocemba was incapacitated and appointed Webster as conservator. Kocemba was moved into a nursing home in the fall of 1985. Kocemba and Webster’s relationship deteriorated, and they often argued. Kocemba did not want to live in a nursing home and wanted to return home. Webster refused to let her, believing Kocemba was not capable. Webster’s relationship with the rest of Kocemba’s family was also strained, even involving litigation. In June 1986, Kocemba filed a petition for the removal of Webster as conservator and a voluntary petition for the appointment of a successor conservator. At an August 1986 hearing, Webster presented the testimony of two doctors that Kocemba had signs of dementia, depression, and a severely impaired memory, needed a conservator, and could not live independently. Kocemba did not present any medical testimony. Other family members testified that Kocemba had improved since 1985 and Webster should not be conservator. The court appointed a social-services agency to create a plan for Kocemba to return home. The agency reported that Kocemba could not care for herself at home alone, but she could live with someone else. The court removed Webster as conservator of Kocemba’s person and estate, finding that Webster did not serve Kocemba’s best interests, because Kocemba wished to return home. The court also found that Kocemba remained incapacitated and appointed a neutral third party as conservator. Kocemba appealed the court’s finding that she was incapacitated, and Webster appealed the court’s removal of Webster as conservator of Kocemba’s estate.

Rule of Law

Issue

Holding and Reasoning (Norton, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership