Heartland Trust Company et al. v. Steven E. Clason

Beaver City, Nebraska trust and Estate Lawyers represented the parties involved in a guardianship dispute.





On January 10, 2023, Hildreth filed a "Petition for Appointment of Temporary and Permanent Guardian and Conservator" for Brown. Hildreth alleged the following. Brown was 80 years old. He had been a farmer in Furnas County over the course of his adult life and currently owned approximately 670 acres of real property, which consisted of farmland, grassland, a house, buildings, and equipment. He owned certain personal property, cash, assets, and livestock. His assets and property were valued at more than $1 million. Brown had suffered recent medical issues, including a stay in a nursing home in approximately April 2021 during which he was diagnosed with dementia and/or Alzheimer's. He had become more frail, no longer farmed or ranched, and no longer managed or had control of his assets, finances, and property. He lacked the ability to make, communicate, and carry out responsible decisions regarding his person, affairs, and financial affairs. As a result, Brown was susceptible to pressure, undue influence, unfettered control by others, and elder abuse.



Hildreth alleged the following regarding Clason. Clason came into Brown's life, did not have a residence of his own, and instead had been living at Brown's house and using Brown's money, property, and resources as if they belonged to him. Clason had improperly assumed complete control of Brown's personal, business, and financial affairs. Clason had been farming and ranching Brown's land, had access to and had been using his financial accounts, and had been using his equipment without Brown fully understanding, appreciating, or approving of Clason's actions. Brown did not have the ability to fully understand the nature and extent of Clason's actions, to direct Clason to stop his malfeasance, or to comprehend the financial repercussions that Clason's actions were having on him. Clason's actions wasted and dissipated assets, finances, and income belonging to Brown. Clason isolated Brown and kept him away from others, all in an effort to control him and take advantage of his fragile state. Clason disconnected the landline phone at Brown's house and took Brown's cell phone from him so that he had no access to the outside world, and Clason locked the house while he was away so that no one could enter the house and communicate with or check on Brown. Clason refused to give Hildreth access to her father, dictated the terms of when and how she could speak with her father, and refused to provide her with information regarding her father's health, well-being, and financial affairs. Hildreth also made allegations regarding Clason's litigious, financial, and criminal history.



Hildreth nominated herself as the proper person to be appointed Brown's guardian and conservator, both on a temporary and permanent basis.



The county court appointed Hildreth as temporary guardian and conservator on January 10, 2023. The court also appointed a guardian ad litem (GAL) for Brown and ordered Brown to be evaluated by Dr. Rachelle Kasper-Cope.



On January 30, 2023, Clason filed a lengthy document which essentially objected to the appointment of a guardian and conservator and requested a hearing. Clason's filing included a copy of the Durable Power of Attorney signed by Brown on February 24, 2021.



Heartland Tr. Co. v. Clason (In re Brown), A-23-1015 (Neb. App. Nov 05, 2024)

Affirmed