Guardianship/Conservatorship of M.J.K.

Annotate this Case

Court Description: 235 District Court's finding that the ward fails to make a prima facie case to terminate guardianship is summarily affirmed under N.D.App.P. 35.1(a)(2) and (7). Constitutional issues not pursued in the district court cannot be raised for the first time on appeal.



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2018 ND 235 In the Matter of the Guardianship and Conservatorship of M.J.K., an Incapacitated Person
----------
Guardian and Protective Services, J.K., B.K., and L.A., Petitioners
v.
M.J.K., Respondent and Appellant

No. 20180058

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Cynthia Feland, Judge.
AFFIRMED.
Per Curiam.
Guardian and Protective Services, J.K., B.K., and L.A., petitioners, no appearance.
M.J.K., respondent and appellant, submitted on brief.

Guardianship/Conservatorship of M.J.K.No. 20180058

Per Curiam.

[¶1] M.J.K. appeals from a district court order continuing his guardianship. He argues the district court erred in finding that M.J.K. failed to establish a prima facie case for termination of guardianship, and that due process violations resulted in a void judgment appointing the current guardian. The district court's order is not based on findings of fact that are clearly erroneous. The due process argument was not pursued at the district court and is waived. State v. Kieper, 2008 ND 65, ¶ 16, 747 N.W.2d 497 (Constitutional issues not raised before the district court will not be considered for the first time on appeal.). We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7).

[¶25]Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
Jerod E. Tufte

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.