State v. Christensen

SMITH, TRACY M., Judge

(concurring in part, dissenting in part)

I respectfully dissent from that part of the majority opinion reversing the restitution award. The plain language of the statutes leads me to conclude that a conservator need not be a “victim” to recover restitution on behalf of the protected person, and that the inclusion of family members, guardians, and custodians in the definition of “victim” does not remove a conservator’s independent statutory authority to seek restitution on the protected person’s behalf. The restitution statute and the conservator statute are properly read…