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Conservatorship of Wagner
Childhood surgery to remove a brain tumor left respondent Clay Wagner (Clay), 45 years old at the time of the relevant proceedings, with memory problems and a seizure disorder. For all of his adult life, various family members have acted as Clay’s conservator.[1] Dru Harris is Clay’s sister and current conservator. Appellants James Wagner and Les Wagner are Clay’s father and sister, respectively. Appellants challenge the September 28, 2010 order denying their petition to remove Dru as Clay’s conservator and have themselves appointed in her place. Appellants contend: (1) notice of trial on their petitions was insufficient; (2) it was an abuse of discretion to deny their request for a continuance of the trial; (3) they were denied due process by certain ex parte communications; (4) evidence of Clay’s wishes was inadmissible; (5) the denial of their petitions was an abuse of discretion; and (6) the trial court’s failure to issue a written statement of decision was reversible error. We affirm.

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