In re Guardianship of Nicholas H. , 309 Neb. 1 ( 2021 )


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    www.nebraska.gov/apps-courts-epub/
    04/29/2021 08:07 AM CDT
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    Nebraska Supreme Court Advance Sheets
    309 Nebraska Reports
    IN RE GUARDIANSHIP OF NICHOLAS H.
    Cite as 
    309 Neb. 1
    In re Guardianship of Nicholas H.,
    an incapacitated person.
    Ronda R. and John H., appellants, v.
    Office of Public Guardian, appellee.
    ___ N.W.2d ___
    Filed April 23, 2021.   No. S-20-044.
    1. Guardians and Conservators: Appeal and Error. An appellate court
    reviews guardianship and conservatorship proceedings for error appear-
    ing on the record in the county court.
    2. Judgments: Appeal and Error. When reviewing a judgment for errors
    appearing on the record, an appellate court’s inquiry is whether the deci-
    sion conforms to the law, is supported by competent evidence, and is
    neither arbitrary, capricious, nor unreasonable.
    3. Judgments: Jurisdiction: Standing: Parties. A jurisdictional issue that
    does not involve a factual dispute presents a question of law, and only a
    party who has standing may invoke the jurisdiction of a court.
    4. Statutes: Appeal and Error. Statutory interpretation presents a ques-
    tion of law, for which an appellate court has an obligation to reach
    an independent conclusion irrespective of the decision made by the
    court below.
    5. Standing: Jurisdiction: Parties: Appeal and Error. Standing is a
    jurisdictional component of a party’s case, and an appellate court must
    address it as a threshold matter.
    6. Guardians and Conservators. One who is not willing to serve as a
    private guardian cannot be compelled to accept such an appointment.
    7. ____. Under the Public Guardianship Act, appointment of the Public
    Guardian is intended to be an option of last resort to ensure that guard-
    ians are available for wards who have no family member or other person
    who is qualified, available, and willing to serve as guardian.
    8. Statutes: Legislature: Intent. In construing a statute, a court must
    determine and give effect to the purpose and intent of the Legislature
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    IN RE GUARDIANSHIP OF NICHOLAS H.
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    as ascertained from the entire language of the statute considered in its
    plain, ordinary, and popular sense.
    9.   Statutes. A court must give effect to all parts of a statute, and if it can
    be avoided, no word, clause, or sentence will be rejected as superfluous
    or meaningless.
    10.   Statutes: Legislature: Intent. Components of a series or collection of
    statutes pertaining to a certain subject matter are in pari materia and
    should be conjunctively considered and construed to determine the
    intent of the Legislature, so that different provisions are consistent, har-
    monious, and sensible.
    11.   Guardians and Conservators: Words and Phrases. To be a “successor
    guardian” as that term is defined in the Public Guardianship Act, a per-
    son or entity must be willing to become a guardian for a ward previously
    served by the Office of Public Guardian.
    12.   Guardians and Conservators: Legislature: Proof. Once the Public
    Guardian has been appointed by the court, the Legislature has autho-
    rized just two circumstances under which the Public Guardian may
    be discharged under 
    Neb. Rev. Stat. § 30-4117
     (Reissue 2016) on
    the ground its services are no longer necessary: (1) when the Public
    Guardian has shown that the ward is no longer incapacitated and in need
    of a guardian or (2) when the Public Guardian has located a successor
    guardian who is qualified, available, and willing to become a guardian
    for the ward.
    Appeal from the County Court for Scotts Bluff County:
    Kris D. Mickey, Judge. Reversed and remanded for further
    proceedings.
    Joe W. Stecher, of Skavdahl, Edmund & Stecher, for
    appellants.
    Douglas J. Peterson, Attorney General, and James A.
    Campbell, Solicitor General, for appellee.
    Miller-Lerman, Cassel, Stacy, Funke, Papik, and
    Freudenberg, JJ.
    Stacy, J.
    This is an appeal from an order of the county court pur-
    porting to discharge the Office of Public Guardian (OPG)
    and appoint the ward’s parents as successor coguardians over
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    Nebraska Supreme Court Advance Sheets
    309 Nebraska Reports
    IN RE GUARDIANSHIP OF NICHOLAS H.
    Cite as 
    309 Neb. 1
    their objection. The primary issues on appeal are whether the
    parents have standing to appeal from the county court’s order
    and, if so, whether the county court’s order discharging the
    OPG conformed to the law.
    For the reasons explained below, we find the parents
    have standing to appeal, and we further find that the Public
    Guardianship Act 1 does not permit discharge of the OPG under
    the circumstances present here. We therefore reverse the order
    of discharge and remand the cause for further proceedings.
    BACKGROUND
    Nicholas H. is an adult with severe mental illness who is
    incapacitated and in need of a guardian. Nicholas’ parents,
    Ronda R. and John H., served as his temporary court-appointed
    coguardians until 2016, when they petitioned to have the OPG
    appointed as Nicholas’ guardian pursuant to the Public Guard­
    ianship Act. 2 The Public Guard­ian­ship Act became operative
    on January 1, 2015, and established the OPG to provide guard-
    ianship and conservatorship services for individuals when there
    was no “willing and qualified family member or other person
    available or willing to serve as guardian or conservator.” 3
    Relevant provisions of the Public Guard­ianship Act will be
    discussed later in our analysis.
    In 2016, the county court for Scotts Bluff County, Nebraska,
    appointed the OPG as Nicholas’ guardian. The OPG accepted
    the appointment, and letters of appointment were issued shortly
    thereafter. The OPG designated Stacy Rotherham, an associate
    public guardian, to act for Nicholas on behalf of the OPG.
    It is undisputed that after Rotherham began acting as
    Nicholas’ public guardian, she and other OPG staff were sub-
    jected to extreme harassment by Nicholas, which included
    threats of violence. Rotherham ultimately obtained what the
    1
    
    Neb. Rev. Stat. §§ 30-4101
     to 30-4118 (Reissue 2016).
    2
    
    Id.
    3
    § 30-4102(1).
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    parties describe as a protection order against Nicholas, and he
    spent time in jail after being found in contempt of court for
    violating the order. After his release from jail, Nicholas con-
    tinued the threatening behavior against Rotherham, and even­
    tually, he was charged with felony terroristic threats.
    In October 2019, while the terroristic threats charge against
    Nicholas was pending, the OPG filed a motion for discharge
    under § 30-4117. The motion alleged that Nicholas had a long
    history of threatening Rotherham and other OPG staff and that
    felony charges were pending against Nicholas relating to his
    conduct toward Rotherham. The motion acknowledged that
    Nicholas was still in need of a guardian, but alleged “the serv­
    ices of [the OPG] are no longer necessary because [Nicholas’]
    parents . . . are the more appropriate option and should be
    named successor guardians.”
    Nicholas’ parents filed a verified objection to the OPG’s
    motion. They generally opposed the OPG’s request to have
    them appointed successor guardians, stating they were “ill-
    prepared” to serve in that capacity again. They cited their
    advanced age, their poor health, and the fact that they resided
    several hours away in South Dakota as reasons they did not
    want to be successor guardians.
    An evidentiary hearing on the OPG’s motion and the parents’
    objection was held December 17, 2019. The OPG and Nicholas
    appeared with counsel, and Nicholas’ parents appeared pro se.
    Nicholas’ court-appointed guardian ad litem (GAL) did not
    appear, and our record contains no GAL report regarding any
    issue presented in the OPG’s motion.
    Rotherham testified about the persistent harassment and per-
    sonal threats she experienced while serving as Nicholas’ public
    guardian, including “delusional” and threatening text mes-
    sages and phone calls from Nicholas. She described Nicholas
    as “obsessed with [her] personally” and said his behavior had
    escalated to the point where she had to request a protection
    order and install security cameras at her home out of concern
    for her children’s safety. Rotherham testified that a licensed
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    309 Neb. 1
    mental health professional had recommended residential treat-
    ment for Nicholas, but Rotherham had not been able to arrange
    such treatment because no facility would accept him.
    Rotherham testified that, as an associate public guardian,
    she was required to meet with Nicholas monthly. 4 She said
    the meetings had “become difficult for safety reasons,” and
    once the terroristic threats charge was filed, she had no contact
    with Nicholas at all. Because she was not able to comply with
    her statutory obligations as Nicholas’ guardian, she believed
    it would be in Nicholas’ best interests for the OPG to be dis-
    charged. According to Rotherham, she is the only associate
    public guardian covering the western part of Nebraska, and
    due to wait lists and statutory caseload limitations, 5 there were
    no other OPG team members who could be designated to serve
    Nicholas on behalf of the OPG. She believed that Nicholas’
    parents were “fit and appropriate” to serve as successor guard-
    ians because they had remained very active in Nicholas’ care,
    even after the OPG was appointed. But Rotherham admitted on
    cross-examination that she had not “looked at” anyone other
    than Nicholas’ parents to serve as successor guardians.
    The OPG also offered testimony from the licensed psycholo-
    gist appointed by the district court for Scotts Bluff County to
    evaluate Nicholas for competency in his pending felony case.
    The psychologist testified that Nicholas meets the “criteria for
    a severe persistent mental illness” and struggles with “a delu-
    sional process,” but the psychologist did not offer a specific
    diagnosis. During the evaluation process, Nicholas expressed
    disappointment in Rotherham’s performance as his guardian,
    and the psychologist thought that if Rotherham continued
    to be the associate public guardian assigned to Nicholas, he
    would be “at risk for further legal entanglements, and certainly
    4
    See § 30-4116(2)(d) (monitoring of ward by Public Guardian “shall, at a
    minimum, consist of monthly personal contact with the ward”).
    5
    See § 30-4115(2) and (3) (prohibiting OPG from accepting further
    appointments if ratio of wards served to team member exceeds 20).
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    IN RE GUARDIANSHIP OF NICHOLAS H.
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    by extension that would . . . affect his well-being and his
    standing in his community.” The psychologist declined to offer
    an opinion on whether the OPG should be discharged, but he
    did say it would be best for both Nicholas and Rotherham
    to discontinue their association with one another. On cross-
    examination, the psychologist admitted that unless Nicholas
    received “comprehensive wraparound psychiatric services,” it
    was possible that no matter who his guardian was, his threaten-
    ing behavior would continue.
    Nicholas’ parents did not testify at the hearing, but their
    written statement was received as an exhibit and they were
    allowed to argue their objection. The parents expressed con-
    cern that Nicholas’ mental health had been deteriorating for
    some time, and they worried his behavior and resulting legal
    problems would likely continue to degrade until he was pro-
    vided professional mental health treatment. The parents firmly
    believed that Nicholas still needed a guardianship and that he
    also needed a GAL who would advocate for his interests. The
    parents encouraged the court to keep the OPG as Nicholas’
    guardian, but to designate someone other than Rotherham to
    work with Nicholas. The parents did not believe they were
    “capable” of serving as successor guardians, again citing their
    advanced age, poor health, out-of-state residence, and unfamil-
    iarity with how to manage their son’s serious mental illness.
    They also explained that Nicholas’ prior assaultive and threat-
    ening behavior toward them while they were his temporary
    guardians was “why [they] asked the public guardian to take
    over in the first place.” The parents admitted that Nicholas’
    delusional thinking made him a “challenging case,” but they
    argued the OPG had access to more resources and better train-
    ing than they did. 6
    6
    See, e.g., § 30-4104(2) (providing that OPG’s multidisciplinary team may
    include professionals “with experience working with individuals with
    dementia, developmental disabilities, chronic and acute medical needs,
    mental health issues, substance abuse, or other conditions”).
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    IN RE GUARDIANSHIP OF NICHOLAS H.
    Cite as 
    309 Neb. 1
    Nicholas’ attorney also urged the court to leave the guard-
    ianship in place and to continue the OPG’s appointment. The
    attorney agreed that Rotherham should no longer be the OPG
    team member to work with Nicholas, but he suggested that if
    the OPG had no other associate public guardians available to
    cover the western portion of the state, it was “up to them” to
    reallocate resources. 7
    From the bench, the court acknowledged that the situa-
    tion was difficult for everyone and that there was “no great
    option” available. Citing the deteriorating relationship between
    Rotherham and Nicholas, the court concluded it was “in both
    parties’ best interests” that Rotherham not serve as Nicholas’
    designated public guardian. Then, finding there was no one
    else in the OPG “who would be available to assist in this case,”
    and noting it was likely that anyone else assigned to work
    with Nicholas would experience the same difficulties as had
    Rotherham, the court granted the OPG’s motion for discharge.
    Finally, the court appointed Nicholas’ parents as successor
    coguardians “until such time as a more appropriate option is
    found by such natural parents for their son.”
    The same day, the court entered an order in accordance
    with its ruling from the bench, granting the OPG’s motion for
    discharge and terminating the OPG’s authority and respon-
    sibility as Nicholas’ guardian. The order recited there was
    clear and convincing evidence that a full guardianship for
    Nicholas was both necessary and the least restrictive alterna-
    tive, and it directed that Nicholas’ parents “shall be appointed
    as Successor Co-guardians of Nicholas . . . upon Letters of
    Guardianship being issued” and upon the parents’ filing cer-
    tain required documents with the court, including an accept­
    ance of appointment and an inventory. The order directed
    the parents to complete guardianship training within 90 days,
    7
    See, generally, § 30-4115 (requiring OPG to “maintain the appropriate
    personnel and workload scope necessary to fulfill all its responsibilities
    and duties under the Public Guardianship Act”).
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    IN RE GUARDIANSHIP OF NICHOLAS H.
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    309 Neb. 1
    and it stated that letters of guardianship would not be issued
    until the filing requirements had been completed.
    According to our record, the parents never filed an accept­
    ance of appointment or any of the other documents referenced
    in the court’s order. The parents filed this timely appeal from
    the county court’s order, which we moved to our docket on our
    own motion.
    ASSIGNMENTS OF ERROR
    The parents assign that the county court erred in (1) ordering
    them to serve as Nicholas’ guardians over their objection and
    (2) discharging the OPG as Nicholas’ guardian.
    STANDARD OF REVIEW
    [1,2] An appellate court reviews guardianship and conser-
    vatorship proceedings for error appearing on the record in the
    county court. 8 When reviewing a judgment for errors appearing
    on the record, an appellate court’s inquiry is whether the deci-
    sion conforms to the law, is supported by competent evidence,
    and is neither arbitrary, capricious, nor unreasonable. 9
    [3] A jurisdictional issue that does not involve a factual
    dispute presents a question of law, and only a party who has
    standing may invoke the jurisdiction of a court. 10
    [4] Statutory interpretation presents a question of law, for
    which an appellate court has an obligation to reach an inde-
    pendent conclusion irrespective of the decision made by the
    court below. 11
    ANALYSIS
    [5] The OPG contends the parents lack standing to raise
    either of their assignments of error. Because standing is a
    8
    In re Conservatorship of Franke, 
    292 Neb. 912
    , 
    875 N.W.2d 408
     (2016).
    9
    
    Id.
    10
    
    Id.
    11
    Edwards v. Douglas County, 
    308 Neb. 259
    , 
    953 N.W.2d 744
     (2021).
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    jurisdictional component of a party’s case, 12 we must address it
    as a threshold matter. 13
    Standing
    Generally stated, the OPG argues the parents lack stand-
    ing to challenge the county court’s order discharging the OPG
    and naming them successor guardians because they were not
    directly affected by the order. We disagree.
    The parents appeared as interested persons before the
    county court, and in that capacity, they filed a written objec-
    tion to the OPG’s motion seeking discharge. The parents
    also objected to the OPG’s request to have them appointed
    as successor coguardians. The OPG does not challenge the
    parents’ status as interested persons, 14 nor does the OPG
    claim the parents had no right to object to the OPG’s motion.
    We therefore limit our standing analysis to the parents’ right
    to appeal from the county court’s order granting the OPG’s
    request for discharge and appointing the parents as successor
    coguardians.
    Guardianship is considered a probate proceeding, and
    appeals from probate matters are governed by 
    Neb. Rev. Stat. § 30-1601
     (Cum. Supp. 2020). Under that statute, “An appeal
    may be taken by any party and may also be taken by any
    12
    In re Conservatorship of Franke, 
    supra note 8
    .
    13
    See Edwards v. Douglas County, 
    supra note 11
    .
    14
    See, e.g., 
    Neb. Rev. Stat. § 30-2601
    (10) (Reissue 2016) (defining “inter­
    ested person” to mean “children, spouses, [and] those persons who would
    be the heirs if the ward or person alleged to be incapacitated died without
    leaving a valid will who are adults”); 
    Neb. Rev. Stat. § 30-2623
     (Reissue
    2016) (allowing “ward or any person interested in his [or her] welfare” to
    petition for removal of guardian and appointment of successor guardian);
    
    Neb. Rev. Stat. § 30-2625
     (Reissue 2016) (requiring that in proceeding for
    appointment or removal of guardian, notice should be given to, inter alia,
    parents of ward); 
    Neb. Rev. Stat. § 30-2629
     (Reissue 2016) (“[a]ny action
    or proposed action by a guardian may be challenged at any time by any
    interested person”).
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    person against whom the final judgment or final order may be
    made or who may be affected thereby.” 15
    We addressed the broad application of this appeal statute in
    In re Conservatorship of Franke. 16 In that case, an adult daugh-
    ter sought to have a conservator appointed for her mother.
    The mother objected, as did her adult son. After a hearing, the
    court appointed a bank to serve as the conservator, and the
    son appealed. We found the son had standing to appeal under
    § 30-1601(2) (Reissue 2016) for purposes of challenging his
    mother’s conservatorship, reasoning:
    [T]his court has previously decided appeals from family
    members who objected to a conservatorship appointment.
    So, under our implicit interpretation of § 30-1601(2), a
    protected person’s close family members have the right to
    appeal from a final order in a conservatorship proceeding
    if they filed an objection and the county court appointed a
    conservator. Although [the son] is not a party, the right to
    appeal under § 30-1601(2) is not limited to parties. [The
    son] filed an objection and requested an evidentiary hear-
    ing. So, under the probate code’s generous appeal statute,
    he is a person against whom a final order was entered and
    has the right to appeal. 17
    Here, the parents appeared before the county court as per-
    sons interested in Nicholas’ welfare, 18 and they objected to the
    OPG’s motion and offered evidence at the hearing. The county
    court’s order granting the OPG’s motion for discharge was a
    final order as to the parents’ objection, and because the same
    order named the parents as successor coguardians, it directly
    affected their substantial rights. We therefore find the parents
    have standing to appeal from the county court’s order, and
    15
    § 30-1601(2).
    16
    In re Conservatorship of Franke, 
    supra note 8
    .
    17
    
    Id. at 923
    , 875 N.W.2d at 417.
    18
    See §§ 30-2601(10), 30-2623, 30-2625, and 30-2629.
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    we proceed to address the merits of their assignments of error
    on appeal.
    Parents’ Appointment Not Completed
    In their first assignment of error, the parents contend the
    county court erred by appointing them successor guardians
    over their objection. They point out “[t]here is no statutory
    authority or case law authority that authorizes a court to
    appoint a person guardian of another if that person objects to
    being appointed as guardian.” 19
    [6] The parents are correct that one who is not willing to
    serve as a private guardian cannot be compelled to accept such
    an appointment. But to the extent they challenge the order
    of appointment as reversible error, they ignore that it was
    merely the first step in the appointment process. Only after
    a written acceptance is filed and the guardian submits to the
    personal jurisdiction of the court 20 will letters of guardianship
    be issued by the court. 21 Therefore, in the rare instance that
    someone is appointed who does not wish to serve as a court-
    appointed guardian, that person may simply refuse to accept
    the appointment.
    That is what happened here. The court’s order appointing
    the parents as successor coguardians was necessarily contin-
    gent upon their acceptance, and our record shows they have
    declined to accept the appointment. During oral argument
    before this court, counsel confirmed that the parents’ posi-
    tion in that regard has not changed. Because the parents have
    not accepted the court’s appointment as Nicholas’ successor
    coguardians, no letters have issued. Consequently, the appoint-
    ment they assign as error was never completed and cannot
    19
    Brief for appellants at 4.
    20
    See 
    Neb. Rev. Stat. § 30-2621
     (Reissue 2016).
    21
    See, 
    Neb. Rev. Stat. § 30-2620
     (Reissue 2016); § 30-2621; Neb. Ct. R.
    § 6-1443(A) (rev. 2020) (“[p]rior to being issued Letters, the guardian or
    conservator shall file an acceptance”).
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    be completed without their voluntary acceptance. We find no
    merit to their first assignment of error.
    Discharge of OPG Improper
    In their second assignment of error, the parents argue the
    county court erred by discharging the OPG when Nicholas
    still required the services of a guardian and the OPG had not
    located any person or entity willing and able to serve as a suc-
    cessor guardian. To address this assignment of error, we begin
    with an overview of the Public Guardianship Act.
    The Public Guardianship Act was enacted in 2014 and
    became operative January 1, 2015. The Legislature’s reasons
    for adopting it are set out in § 30-4102:
    (1) The Legislature finds that the present system of
    obtaining a guardian or conservator for an individual,
    which often depends on volunteers, is inadequate when
    there is no willing and qualified family member or other
    person available or willing to serve as guardian or conser-
    vator for such individual. The Legislature finds that there
    is a need to provide guardians and conservators when
    there is no one suitable or available with priority to serve
    the needs of such individual. The Legislature intends
    that establishment of the Office of Public Guardian will
    provide services for individuals when no private guardian
    or private conservator is available. The Legislature also
    finds that alternatives to full guardianship and less intru-
    sive means of intervention should always be explored,
    including, but not limited to, limited guardianship, tem-
    porary guardianship, conservatorship, or the appointment
    of a payee. It is the intent of the Legislature to provide a
    public guardian or public conservator only to those indi-
    viduals whose needs cannot be met through less intrusive
    means of intervention.
    (2) The Legislature finds that:
    (a) All individuals in need of a guardian or conser-
    vator shall have the opportunity to have one appointed
    for them;
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    (b) The priorities for appointment in sections 30-2601
    to 30-2661 are appropriate in most instances;
    (c) There are individuals in need of guardians or con-
    servators for whom persons that have priority are unwill-
    ing, unable, or inappropriate to become a guardian or
    conservator;
    (d) Guardians and conservators under the current sys-
    tem do not always carry out the assigned duties in a way
    that protects the individual and, in fact, sometimes carry
    out the duties in a way that abuses or neglects the indi-
    vidual; and
    (e) For those for whom no person is available for
    appointment as guardian or conservator, the Office of
    Public Guardian may provide necessary services.
    [7] These legislative findings demonstrate the Public
    Guardianship Act was intended as an option of last resort,
    to ensure that guardians are available for wards who have no
    family member or other person who is qualified, available, and
    willing to serve.
    Section 30-4112 governs the appointment of the OPG
    and provides:
    A court may order appointment of the Public Guard­
    ian . . . only after notice to the Public Guardian and a
    determination that the appointment or order is neces-
    sary and will not result in the Public Guardian having
    more appointments than permitted by section 30-4115.
    The determination of necessity may require the court to
    ascertain whether there is any other alternative to public
    guardianship or public conservatorship.
    Read together, §§ 30-4102 and 30-4112 generally provide
    that appointment of the OPG is necessary only when the
    court determines no other qualified person or entity is avail-
    able and willing to serve. In the instant case, the record does
    not show the OPG contested the necessity of its appointment
    on any basis, nor did the OPG claim the appointment would
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    result in having more wards than permitted under the Public
    Guardianship Act. 22
    Because the Legislature intended the OPG to be a guardian
    of last resort, the Public Guardianship Act requires the OPG
    to “recruit members of the general public or family members
    to serve as guardians or conservators and provide adequate
    training and support to enhance their success.” 23 Moreover,
    once the OPG is appointed in a particular case, the Public
    Guardianship Act makes the OPG responsible for finding a
    successor guardian:
    (1) Once the Public Guardian is appointed as guard-
    ian or conservator, the office shall make a reasonable
    effort to locate a successor guardian or successor con-
    servator. By June 30 and January 1 of each year, [the
    OPG] shall file an aggregate report with the State Court
    Administrator describing its efforts to locate a successor
    guardian or conservator.
    (2) Upon location of a successor guardian or successor
    conservator, the office shall file a motion with the court
    for termination or modification of the guardianship or
    conservatorship. Availability of a successor guardian or
    successor conservator shall be deemed a change in the
    suitability of the office for carrying out its powers and
    duties under section 30-4105. 24
    Section 30-4103(9) of the Public Guardianship Act defines
    “[s]uccessor guardian” to mean “a person or entity who is
    recruited by the [OPG] to become a guardian for a ward previ-
    ously served by the [OPG].”
    Motions to discharge the OPG are governed by § 30-4117,
    which provides:
    The Public Guardian may be discharged by a court
    with respect to any of the authority granted over a ward
    22
    See § 30-4115(2) and (3).
    23
    § 30-4105(5).
    24
    § 30-4114.
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    or protected person upon petition of such individual,
    any interested party, or the Public Guardian or upon the
    court’s own motion when it appears that the services of
    the Public Guardian are no longer necessary.
    (Emphasis supplied.)
    [8-10] This appeal is our first opportunity to consider how
    the above-quoted provisions of the Public Guardianship Act
    apply when the OPG moves to be discharged under § 30-4117
    on the ground its services are no longer necessary. In analyz-
    ing the requirements of § 30-4117, we apply settled principles
    of statutory construction. In construing a statute, a court must
    determine and give effect to the purpose and intent of the
    Legislature as ascertained from the entire language of the
    statute considered in its plain, ordinary, and popular sense. 25 A
    court must give effect to all parts of a statute, and if it can be
    avoided, no word, clause, or sentence will be rejected as super-
    fluous or meaningless. 26 Components of a series or collection
    of statutes pertaining to a certain subject matter are in pari
    materia and should be conjunctively considered and construed
    to determine the intent of the Legislature, so that different pro-
    visions are consistent, harmonious, and sensible. 27
    As noted, § 30-4117 provides the OPG can be discharged
    only when its services are “no longer necessary.” In the instant
    case, the OPG’s motion for discharge alleged that Nicholas still
    required a full guardianship, but that the OPG’s services were
    no longer necessary because Nicholas had living parents who
    “are the more appropriate option and should be named suc-
    cessor guardians.” But as we explain, in order to demonstrate
    that the services of the OPG are no longer necessary, it is not
    enough to allege there is a family member who could serve as
    a successor guardian.
    25
    In re Interest of Seth C., 
    307 Neb. 862
    , 
    951 N.W.2d 135
     (2020).
    26
    
    Id.
    27
    
    Id.
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    [11] The Public Guardianship Act defines a “[s]ucces-
    sor guardian” as “a person or entity who is recruited by the
    office to become a guardian for a ward previously served by
    the [OPG].” 28 We understand this provision to require that
    a “successor guardian” must actually be willing to serve as
    guardian for the ward if appointed by the court. After all, the
    Public Guardianship Act was enacted to address the reality
    that often there is no “willing and qualified family member
    or other person available or willing to serve as guardian” 29
    for a ward. The OPG is intended to serve as a guardian of
    last resort when an individual is in need of a guardian, but
    those with “priority are unwilling, unable, or inappropriate
    to become a guardian.” 30 It would defeat the purpose of the
    Public Guardianship Act to discharge the OPG upon proof that
    a family member with priority was available, but unwilling to
    accept appointment and become a guardian.
    [12] We therefore hold that once the OPG has been appointed
    by the court, the Legislature has authorized just two cir-
    cumstances under which the OPG may be discharged under
    § 30-4117 on the ground its services are no longer necessary:
    (1) when the OPG has shown that the ward is no longer inca-
    pacitated and in need of a guardian or (2) when the OPG has
    located a successor guardian who is qualified, available, and
    willing “to become a guardian” 31 for the ward.
    Here, the county court found, and the parties do not dispute,
    that Nicholas remains incapacitated and in need of a full guard-
    ianship. Therefore, the only available ground for discharge
    under § 30-4117 was that the OPG had located a successor
    guardian who was willing to become Nicholas’ guardian.
    28
    §   30-4103(9) (emphasis supplied).
    29
    §   30-4102(1).
    30
    §   30-4102(2)(c).
    31
    §   30-4103(9).
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    Even before the hearing, it was apparent that both of the pro-
    posed successor guardians objected to appointment, and nei-
    ther was willing to become a successor guardian for Nicholas.
    The parents’ position during the hearing did not change. It is
    certainly possible that with additional training and support from
    the OPG, 32 one or both of Nicholas’ parents might change their
    minds and become willing to serve as Nicholas’ guardian. But
    at the time the county court discharged the OPG, the parents
    were adamantly unwilling to serve as guardians for their son.
    This is precisely the sort of situation the Public Guardianship
    Act was established to address. And even if the county court
    thought there was a possibility the parents might change their
    minds and accept the appointment after the hearing, the better
    practice would have been to issue an order deferring discharge
    of the OPG until the successor guardians had accepted the
    appointment and letters had issued. Moreover, to the extent
    the county court’s remarks from the bench can be understood
    to suggest the parents bore the responsibility to find a succes-
    sor guardian who was willing to work with their son, we note
    the plain language of the Public Guardianship Act places that
    responsibility exclusively with the OPG. 33
    Finally, the OPG contends, for the first time on appeal,
    that even if its discharge was not proper under § 30-4117, we
    should find the discharge was justified under either § 30-2623
    or § 30-4116(2)(b). As we explain, neither statute applies.
    Section 30-2623 is not part of the Public Guardianship Act;
    it instead governs the process for removal or resignation of
    private guardians. There is considerable conflict between the
    process for removing a private guardian under § 30-2623 and
    the process for discharging the OPG under § 30-4117. We
    32
    See § 30-4105(5) (OPG “[s]hall recruit members of the general public or
    family members to serve as guardians . . . and provide adequate training
    and support to enhance their success”).
    33
    See §§ 30-4105(5) and 30-4114(1).
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    find that § 30-4117 is the more specific statute, and there-
    fore controls. 34
    Nor does § 30-4116(2)(b) entitle the OPG to discharge.
    That statute authorizes the OPG to file motions to terminate
    or modify the guardianship, “or take any other legal action
    required to fulfill the duties and responsibilities of a guard-
    ian or conservator in accordance with the Public Guardianship
    Act.” 35 Here, the OPG was not asking to terminate or modify
    Nicholas’ guardianship under § 30-4116(2)(b); it was asking
    to continue the full guardianship but allow the OPG to be dis-
    charged because
    [Nicholas’] behavior precluded the OPG from fulfilling
    [its] statutory duty. Because of his unending threats of
    violence toward OPG staff, a court order directed . . .
    Rotherham to have “no contact in any form” with him.
    She was thus unable to attend their “monthly visits” and
    could not “serve him as is statutorily required.” Nor, as
    discussed above, could any other OPG staff reasonably
    assume that role. 36
    We reject the suggestion that discharge was the only way the
    OPG could fulfill its duties under the Public Guardianship
    Act. This court is well aware of the budgetary restrictions
    and caseload limitations with which the OPG must contend.
    And while threats of violence toward OPG staff must never
    be condoned and can have serious civil and criminal conse-
    quences, we see nothing in the Public Guardianship Act that
    allows the OPG to be discharged because its ward is exhibit-
    ing delusional and threatening behavior toward OPG staff. We
    emphasize that if any OPG staff members believe a ward is
    mentally ill and dangerous, 37 they should communicate such
    34
    See Cox Nebraska Telecom v. Qwest Corp., 
    268 Neb. 676
    , 
    687 N.W.2d 188
     (2004).
    35
    § 30-4116(2)(b).
    36
    Brief for appellee at 20 (internal citations omitted).
    37
    See 
    Neb. Rev. Stat. § 71-908
     (Reissue 2018) (defining mentally ill and
    dangerous person).
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    belief to the county attorney, who can take appropriate action
    pursuant to the Nebraska Mental Health Commit­ment Act. 38
    But intractable wards like Nicholas are one of the reasons
    the OPG was established. The OPG is required to “maintain
    the appropriate personnel and workload scope necessary to
    fulfill all its responsibilities and duties,” 39 and it is authorized
    to hire a multidisciplinary team, which can include profession-
    als with experience working with those who have dementia,
    developmental disabilities, chronic and acute medical needs,
    and mental health issues. 40 Therefore, when one associate
    public guardian is not able to effectively fulfill his or her
    duties, it is reasonable to expect that other members of the
    OPG’s multidisciplinary team will be made available so the
    OPG can fulfill its responsibilities under the Public Guard­
    ianship Act. Limited OPG staff resources is a valid reason,
    under the Public Guardianship Act, to refuse to accept further
    appointments, 41 but the Legislature did not make it a basis for
    seeking discharge.
    On this record, the county court’s finding that Rotherham
    should no longer be the associate public guardian assigned
    to work with Nicholas was entirely warranted and supported
    by the evidence, but its decision to discharge the OPG alto-
    gether did not conform to the law and was not supported by
    competent evidence. Therefore, the OPG’s discharge must
    be reversed.
    CONCLUSION
    Currently, the Public Guardianship Act allows the OPG
    to be discharged only when its services “are no longer
    necessary.” 42 Under that exacting standard, which recognizes
    38
    See 
    Neb. Rev. Stat. § 71-921
     (Reissue 2018).
    39
    § 30-4115(1)(a).
    40
    See § 30-4104(2).
    41
    See § 30-4115(2) and (3).
    42
    See § 30-4117.
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    no exception for wards whose behavior is abusive or threat-
    ening, the OPG is effectively precluded from discharge so
    long as the ward remains incapacitated and in need of a
    guardianship, and no one else is willing to serve as a succes-
    sor guardian.
    Because the OPG failed to prove that its services were no
    longer necessary, the county court erred in discharging the
    OPG under § 30-4117. We must reverse the order of discharge
    and remand the cause for further proceedings consistent with
    this opinion.
    Reversed and remanded for
    further proceedings.
    Heavican, C.J., not participating.