In Re Guardianship of Hampton

WAHL, Justice.

This matter concerns the enforceability of a guardianship bond issued by petitioner Empire Fire & Marine Insurance Company (Empire) to secure the performance of Brenda Hampton, the former guardian of respondent Sam Hampton. The probate court declared that Empire was not legally bound on the bond; the Court of Appeals, 359 N.W.2d 740, reversed and ordered the surety discharged when it pays $21,000 to the present conservator. Empire petitioned this court for further review. We affirm in part, and reverse in part.

Sam Hampton was found to be mentally ill and dangerous in December,…