In Re the Conservatorship of Kovatch

I dissent. The parties do not dispute that Andrew lacks the capacity to manage his property and affairs. It is also undisputed that Andrew has property. Nonetheless, the Court, citing In the Matter of the Guardianship and Conservatorship of Swandal (1984), 210 Mont. *327167, 171, 681 P.2d 701, 703, has upheld the District Court’s refusal to appoint a conservator because there was insufficient evidence presented for a showing that Andrew’s estate is being wasted or dissipated.

It seems to me to be self evident that:(a) property which is not properly managed will dissipate, and(b) an owner of…