IN RE: the GUARDIANSHIP and Conservatorship OF M.J.K. (2018)

Supreme Court of North Dakota.

IN RE: 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

Decided: November 06, 2018

Guardian and Protective Services, J.K., B.K., and L.A., petitioners, no appearance. M.J.K., respondent and appellant, submitted on brief.

[¶ 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).

Per Curiam.

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

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