## Facts

- Mary Lou Renz had a decades-long history of chronic alcoholism, repeated hospitalizations, and multiple inpatient treatment episodes, followed by relapses after returning home.
- After a serious alcohol-related incident in late 1991, a treatment provider refused to readmit her unless a guardian was appointed.
- The district court initially found Renz unable to provide for personal care or necessary daily activities due to chronic alcoholism and entered guardianship orders that were later expanded after further hospitalizations.
- By mid-1992, the court appointed the public administrator as guardian and conservator with full authority over Renz’s residence, finances, and medical treatment, and limited authority over certain other matters; Renz did not appeal those orders.
- In September 1992, the guardian–conservator sought authority to sell Renz’s home and automobile to fund her care; Renz petitioned to terminate the guardianship, asserting recent sobriety.
- The district court denied termination and authorized the sales, relying on evidence that Renz needed a structured facility, that her home was unsanitary, and that she could not care for herself even with services.
- Renz appealed the order denying termination and authorizing sale of the home and automobile.

## Issues

1. Whether the district court clearly erred in finding Renz remained an incapacitated person despite a recent period of sobriety in a structured setting.
2. Whether the district court abused its discretion by authorizing the guardian–conservator to sell Renz’s home and automobile to pay for her care.

## Decision

- Affirmed.
- The finding that Renz remained incapacitated was not clearly erroneous.
- The authorization to sell the home and automobile was not an abuse of discretion.

## Legal Principles

- A determination of incapacity in a guardianship proceeding is a factual finding reviewed for clear error; an appellate court does not reweigh evidence and defers to the trial court’s evaluation of testimony and credibility.
- A trial court’s authorization of a guardian’s or conservator’s management actions (including sale of a ward’s property) is reviewed for abuse of discretion.
- A short period of improvement or sobriety, particularly when achieved in a structured environment, does not require termination of guardianship when the record supports a continuing inability to meet personal needs or safely live independently.
- Courts may authorize liquidation of a ward’s assets when supported by evidence that the action is necessary and reasonable to provide appropriate care and serve the ward’s best interests.

## Conclusion

The court upheld continued guardianship and conservatorship and permitted sale of Renz’s home and automobile because the evidence supported ongoing incapacity from chronic alcoholism and the need for long-term structured care, and the district court acted within its discretion in ordering asset sales to fund that care.


In re Guardianship of Renz, 507 N.W.2d 76 (N.D. 1993)