In re Guardianship of Patrick W.

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Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
In re Guardianship of Patrick W.,
an incapacitated person.
Becky S., appellee, v.
Patrick W., appellant.
___ N.W.3d ___
Filed April 19, 2024. 	No. S-23-209.
1. Estates: Judgments: Appeal and Error. An appellate court reviews
probate cases for error appearing on the record made in the county court.
When reviewing a judgment for errors appearing on the record, the
inquiry is whether the decision conforms to the law, is supported by com-
petent evidence, and is neither arbitrary, capricious, nor unreasonable.
2. Decedents’ Estates: Appeal and Error. An appellate court, in review-
ing a probate court judgment for errors appearing on the record, will
not substitute its factual findings for those of the probate court where
competent evidence supports those findings.
3. Statutes: Appeal and Error. Statutory interpretation is a question of
law, which an appellate court resolves independently of the trial court.
4. Rules of Evidence: Hearsay: Appeal and Error. Apart from rulings
under the residual hearsay exception, an appellate court reviews for
clear error the factual findings underpinning a trial court’s hearsay rul-
ing and reviews de novo the court’s ultimate determination to admit evi-
dence over a hearsay objection or exclude evidence on hearsay grounds.
5. Appeal and Error. In a de novo review, an appellate court reaches a
conclusion independent of the trial court.
6. Statutes: Legislature: Intent. In construing a statute, a court must
determine and give effect to the purpose and intent of the Legislature
as ascertained from the entire language of the statute considered in its
plain, ordinary, and popular sense.
7. Statutes. It is not within the province of a court to read a meaning into
a statute that is not warranted by the statute’s language. Nor is it within
the province of a court to read anything plain, direct, or unambiguous
out of a statute.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
10/14/2026 08:39 AM CDT

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IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
8. Statutes: Words and Phrases. Words and phrases in a statute shall be
construed and understood according to the common and approved usage
of the language; but technical words and phrases and such others as
may have acquired a peculiar and appropriate meaning in the law shall
be construed and understood according to such peculiar and appropri-
ate meaning.
9. Statutes. A court must give effect to all parts of a statute, and if it can
be avoided, no word, clause, or sentence will be rejected as superfluous
or meaningless.
10. Statutes: Legislature: Intent. Components of a series or collection of
statutes pertaining to a certain subject matter are in pari materia and
should be conjunctively considered and construed to determine the
intent of the Legislature, so that different provisions are consistent, har-
monious, and sensible.
11. Statutes. When possible, a court will try to avoid a statutory construc-
tion that would lead to an absurd result.
12. ____. To the extent there is a conflict between two statutes, the specific
statute controls over the general statute.
13. Guardians and Conservators: Guardians Ad Litem: Evidence. In
guardianship proceedings, the information specifically described in the
first sentence of Neb. Rev. Stat. § 30-4204 (Reissue 2016) is admissible
in evidence when the proponent shows such information or material (1)
was obtained by the guardian ad litem informally or by subpoena and (2)
is regarding the person for whom the guardian ad litem was appointed.
14. Appeal and Error. Conclusory assertions unsupported by coherent ana-
lytical argument fail to satisfy the requirement that an appellant’s brief
must both specifically assign and specifically argue errors.
Appeal 	from 	the 	County 	Court 	for 	Saunders 	County:
Andrew R. Lange, Judge. Affirmed.
Adaline K. Baker for appellant.
Heather S. Colton, of Pollack & Ball, L.L.C., for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
Papik, and Freudenberg, JJ.
Stacy, J.
Patrick W. appeals from an order of the county court finding
him to be incapacitated and appointing a permanent guard-
ian. He assigns error to the admission of an exhibit over his

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Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
hearsay objection, and he argues that without that exhibit,
the evidence was insufficient to show he is incapacitated. We
affirm the county court’s order.
I. BACKGROUND
In 2009, Patrick suffered a stroke at the age of 32. In
2014 or 2015, Adult Protective Services (APS), a division
of the Nebraska Department of Health and Human Services,
opened an investigation due to concerns about Patrick’s medi-
cal needs and financial management. After working with him
for several years, an APS caseworker was concerned that
Patrick was vulnerable to financial exploitation, self-neglect,
and undue influence. The APS caseworker contacted an attor-
ney to inquire about establishing a guardianship, and Becky
Stamp was identified as someone who was willing to serve as
Patrick’s guardian.
1. Petition for Guardianship
In 2022, Stamp filed a verified petition in the county court
for Saunders County seeking to be appointed as Patrick’s
temporary and permanent guardian. The petition alleged that
Patrick was incapacitated due to a stroke and that he lacked
sufficient understanding or capacity to make or communicate
responsible decisions concerning his person and property. 1
The court appointed Stamp to serve as Patrick’s temporary
guardian. A few months later, Patrick moved to substitute his
cousin, Terry Crandall, as his temporary guardian, and the
court granted that motion. The court also appointed an attor-
ney to serve as Patrick’s guardian ad litem (GAL) and ordered
Patrick to undergo a neuropsychological evaluation at a reha-
bilitation hospital.
In October 2022, the neuropsychological evaluation was
completed, and a written report was prepared. The admissibil-
ity of that report is the primary issue on appeal.
1 See Neb. Rev. Stat. § 30-2601(1) (Reissue 2016) (defining incapacitated
person).

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IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
2. Guardianship Hearing
An evidentiary hearing on the guardianship petition was
held in January 2023. Stamp and Patrick both appeared for
the hearing with counsel, and Patrick’s GAL was also pres-
ent. The county court received several exhibits into evidence
and heard testimony from six witnesses, including Patrick. As
relevant to the issues on appeal, we summarize the witness
testimony and discuss two of the hearing exhibits.
(a) GAL Report
The GAL did not testify at the hearing, but her report
was admitted into evidence without objection after the par-
ties agreed to redact certain statements within it. The GAL’s
report recommended a full guardianship based on her opinion
that without assistance, Patrick was not able to maintain safe
and appropriate independent housing, arrange for his medical
care and comply with medical instructions, protect his per-
sonal effects, apply for governmental benefits to which he may
be entitled, or independently receive and manage his money
and property.
The GAL described her personal observations that Patrick
struggled to follow a consistent timeline and had difficulty
answering questions and accurately recalling information and
events. The GAL also expressed concern that Patrick would
not talk or meet with her unless his roommate and landlord,
Rodney Volker, was also present. The GAL noted that Patrick
allowed Volker to speak for him and that Patrick appeared
susceptible to Volker’s influence.
The GAL’s report stated that she had received and reviewed
the neuropsychological evaluation report ordered by the court
and believed the report supported her conclusion that a full
guardianship was appropriate. The GAL’s report quoted sev-
eral statements from the neuropsychological report, includ-
ing 	that 	Patrick’s 	diagnosis 	was 	“Major 	Neurocognitive
Disorder” and that Patrick’s neurological testing revealed
“significant global impairment, including in the domains of

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IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
attention/processing 	speed, 	language, 	memory, 	visuospa-
tial functioning, and executive functioning” and “significant
expressive aphasia.”
(b) Neuropsychological Report
At the start of the guardianship hearing, Patrick’s counsel
moved in limine to exclude the neuropsychological report as
inadmissible hearsay. In response, Stamp argued the report was
admissible under Neb. Rev. Stat. § 30-4204 (Reissue 2016),
which provides, in relevant part:
The guardian ad litem may obtain, informally or by
subpoena, the following information regarding the per-
son for whom the guardian ad litem has been appointed:
(1) A report from any medical provider [or] provider of
psychological services . . . . Any material obtained by a
guardian ad litem pursuant to this section is admissible
in evidence.
The county court overruled Patrick’s motion in limine.
Later during the hearing, Patrick’s counsel renewed the
hearsay objection when Stamp offered the neuropsychological
report as an exhibit. Counsel argued that despite the admis-
sibility provision in § 30-4204, “the rules of evidence still
apply,” and counsel asked the court to exclude the report
because it contained inadmissible hearsay. Stamp disagreed
and reiterated her position that the report was admissible in
evidence under the plain language of § 30-4204 because it
was a medical or psychological report obtained by the GAL
regarding the person for whom she was appointed. Before
ruling on the objection, the court took a short recess for
the stated purpose of giving the parties an opportunity to
consult and agree to redactions of the neuropsychological
report. After conferring, the parties advised the court they
could not reach an agreement; the court overruled the hearsay
objection and received the entire neuropsychological report
into evidence.
As relevant to the issues on appeal, the neuropsychological
report concluded that Patrick met the criteria for a diagnosis

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IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
of “Major Neurocognitive Disorder Due to Another Medical
Condition (history of a stroke), with Behavioral Disturbance.”
The report also described that Patrick has “expressive apha-
sia” and struggles significantly to convey his thoughts, noting
that during the neuropsychological evaluation, Patrick spoke
very little, and when he did speak, the evaluator had diffi-
culty understanding him. The report indicated that Patrick’s
neuropsychological testing revealed significant global impair-
ment in the domains of attention/processing speed, language,
memory, visuospatial functioning, and executive functioning.
In the evaluator’s clinical judgment, Patrick’s poor judgment
and insight placed him at a “significantly increased risk”
of emotional, financial, sexual, and other exploitation and
manipulation. The neuropsychological report concluded:
Due to his current level of functioning, it is the clini-
cal judgment of this provider that [Patrick] would best
be served by the assignment of a permanent guardian to
ensure facilitation of safe decision-making and to procure
for ongoing needs. I can say with a reasonable degree of
certainty that these deficits are unlikely to improve to the
point where he would not need this level of support, given
that it has been over 10 years since his stroke.
(c) Witness Testimony
(i) Stamp’s Case in Chief
During Stamp’s case in chief, three witnesses were called to
testify. The APS caseworker testified about her history working
with Patrick and her concern that his cognitive deficits caused
him to neglect his own care. She also testified about concerns
that Patrick was being financially exploited by Volker.
Stamp testified that she too was concerned about Volker’s
financial influence on Patrick, explaining that during the time
she served as Patrick’s temporary guardian, Volker “always
called and asked for money. Never Patrick.” Stamp also testi-
fied that she was concerned about Patrick’s ability to maintain
eligibility for Medicaid benefits without a guardian.

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IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
Crandall testified that while she served as Patrick’s tempo-
rary guardian, it was challenging to assess Patrick’s well-being
because Volker was always present when she tried to talk with
Patrick and Volker would influence the discussion. Crandall
testified that Patrick would answer the telephone when she
called but that “within the next minute or so, [Volker] is on the
phone telling me what I will or what I will not do.” She also
testified that there were instances where Volker had texted her
from Patrick’s cell phone posing as Patrick. Crandall testified
that she had known Patrick since he was 18 years old, and
based on her interactions with him since 2022, she believed he
needed a permanent guardianship.
(ii) Patrick’s Case in Chief
During Patrick’s case in chief, three witnesses were called
to testify. Patrick testified on his own behalf. He generally
opposed establishing a guardianship, explaining it was not
something he needed. Patrick testified that Volker “helps
[him] a lot” and that Volker is “a good accountant.” Some of
Patrick’s testimony was difficult to follow and not responsive
to the question being asked. For instance, when asked why he
objected to the guardianship, Patrick stated:
Guardianship? Because it’s in — I do — I wake up,
I go and take my meds, go to transportation, go to
Walmart, groceries, back home, whatever — in and out.
The kitchen, check the mail, and that’s it. So either — I
don’t know, there’s nothing else. I mean, there’s making
other friends, like making friends. I like it, so.
A witness, who described herself as a mutual friend of
Patrick’s and Volker’s, testified that she had known Patrick
for 2 or 3 years and had seen no evidence that Patrick could
be taken advantage of in his current living situation. She testi-
fied that although Patrick was slow to answer questions, she
thought his answers were appropriate. She also thought that
since moving in with Volker, Patrick looked healthier and
seemed happier than he was previously.

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IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
Volker testified that he had known Patrick for more than a
decade and reconnected with him in 2021. When they recon-
nected, Volker observed Patrick to be “[w]orse than home-
less,” and “[h]e was nothing like he is today.” Volker testi-
fied that Patrick does his own cooking, laundry, bedsheets,
and vacuuming. Volker transported Patrick to appointments,
to the grocery store, and to visit Patrick’s stepmother, and
Patrick paid Volker for gas. Volker expressed concerns about
Patrick’s ability to access funds if Crandall were to become
his permanent guardian. Volker admitted to interfering with
Patrick’s conversations with Crandall, but he did not think
Patrick needed a guardian because “he’s just as normal as
anybody else.”
At the close of the evidence, the court took the matter under
advisement and requested written closing arguments.
3. County Court Order
In an order entered February 15, 2023, the court found clear
and convincing evidence that Patrick was incapacitated. The
court determined that a full guardianship was the least restric-
tive alternative available and appointed Crandall to serve as
Patrick’s permanent guardian. Patrick filed this timely appeal,
which we moved to our docket on our own motion.
II. ASSIGNMENTS OF ERROR
Patrick assigns, restated, that the county court erred in (1)
receiving the neuropsychological report into evidence over his
hearsay objection and (2) finding that he is incapacitated and
that a full guardianship is the least restrictive means available
to provide for his continuing care.
III. STANDARD OF REVIEW
[1] An appellate court reviews probate cases for error
appearing on the record made in the county court. 2 When
reviewing a judgment for errors appearing on the record, the
2 In re Guardianship of Jill G., 312 Neb. 108, 977 N.W.2d 913 (2022).

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IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
inquiry is whether the decision conforms to the law, is sup-
ported by competent evidence, and is neither arbitrary, capri-
cious, nor unreasonable. 3
[2] An appellate court, in reviewing a probate court judg-
ment for errors appearing on the record, will not substitute its
factual findings for those of the probate court where competent
evidence supports those findings. 4
[3] Statutory interpretation is a question of law, which an
appellate court resolves independently of the trial court. 5
[4,5] Apart from rulings under the residual hearsay excep-
tion, an appellate court reviews for clear error the factual find-
ings underpinning a trial court’s hearsay ruling and reviews
de novo the court’s ultimate determination to admit evidence
over a hearsay objection or exclude evidence on hearsay
grounds. 6 In a de novo review, an appellate court reaches a
conclusion independent of the trial court. 7
IV. ANALYSIS
1. Admissibility of Materials Obtained
Pursuant to § 30-4204
The primary issue on appeal is the admissibility of informa-
tion and material obtained by a GAL pursuant to § 30-4204.
That statute provides in full:
The guardian ad litem may obtain, informally or by
subpoena, the following information regarding the per-
son for whom the guardian ad litem has been appointed:
(1) A report from any medical provider, provider of
psychological services, law enforcement, [APS] agency,
or financial institution; and (2) any account or record of
3 Id.
4 In re Estate of Walker, 315 Neb. 510, 997 N.W.2d 595 (2023).
5 In re Guardianship of Jill G., supra note 2.
6 In re Estate of Walker, supra note 4.
7 Id.

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IN RE GUARDIANSHIP OF PATRICK W.
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any business, corporation, partnership, or other business
entity which such person owns or in which such person
has an interest. Any material obtained by a [GAL] pursu-
ant to this section is admissible in evidence. 8
Patrick does not dispute that the neuropsychological report
at issue pertained to him, nor does he dispute that it is prop-
erly characterized as “[a] report from any medical provider
[or] provider of psychological services” within the meaning of
§ 30-4204. And although Patrick argues there was no evidence
the GAL obtained the neuropsychological report pursuant to
§ 30-4204, the record refutes that argument because the GAL’s
report, which was admitted into evidence without objection,
plainly lists the neuropsychological report as one of the reports
obtained by the GAL as part of her investigation.
As such, the only disputed issue regarding § 30-4204 is the
proper interpretation of the final sentence, which provides:
“Any material obtained by a [GAL] pursuant to this section
is admissible in evidence.” To address this issue, we begin by
reviewing the familiar rules of statutory construction that guide
our analysis.
[6-8] In construing a statute, a court must determine and
give effect to the purpose and intent of the Legislature as
ascertained from the entire language of the statute considered
in its plain, ordinary, and popular sense. 9 It is not within the
province of a court to read a meaning into a statute that is not
warranted by the statute’s language. 10 Nor is it within the prov-
ince of a court to read anything plain, direct, or unambiguous
out of a statute. 11 Words and phrases in a statute “shall be con-
strued and understood according to the common and approved
8 § 30-4204 (emphasis supplied).
9 Angel v. Nebraska Dept. of Nat. Resources, 314 Neb. 1, 988 N.W.2d 507
(2023).
10 See id.
11 See id.

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IN RE GUARDIANSHIP OF PATRICK W.
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usage of the language; but technical words and phrases and
such others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood accord-
ing to such peculiar and appropriate meaning.” 12
[9-12] A court must give effect to all parts of a statute,
and if it can be avoided, no word, clause, or sentence will be
rejected as superfluous or meaningless. 13 Components of a
series or collection of statutes pertaining to a certain subject
matter are in pari materia and should be conjunctively consid-
ered and construed to determine the intent of the Legislature,
so that different provisions are consistent, harmonious, and
sensible. 14 When possible, a court will try to avoid a statutory
construction that would lead to an absurd result. 15 To the extent
there is a conflict between two statutes, the specific statute
controls over the general statute. 16
With these principles in mind, we turn to the arguments of
the parties.
(a) Arguments of Parties
Patrick argues that courts should not construe the last sen-
tence of § 30-4204 to preclude applicability of the Nebraska
Evidence Rules and, in particular, the hearsay rules when
determining the admissibility of information and materials
obtained by a GAL. Patrick urges us to construe the phrase
“admissible in evidence” to mean “anything admissible under
the court’s Rules of Evidence.” 17
Stamp disagrees. At oral argument before this court, Stamp’s
counsel argued that the plain and ordinary meaning of the
12 Neb. Rev. Stat. § 49-802(5) (Reissue 2021).
13 In re Guardianship of Nicholas H., 309 Neb. 1, 958 N.W.2d 661 (2021).
14 Id.
15 See Thomas v. Peterson, 307 Neb. 89, 948 N.W.2d 698 (2020).
16 State v. Simons, 315 Neb. 415, 996 N.W.2d 607 (2023).
17 Brief for appellant at 11.

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IN RE GUARDIANSHIP OF PATRICK W.
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statutory phrase “admissible in evidence” means “proper to
be received” in evidence. She generally described the admis-
sibility provision in § 30-4204 as a “carve out” to the rules of
evidence, and she argued that when the conditions of the stat-
ute are met, the materials specifically described in § 30-4204
can properly be admitted into evidence over a hearsay objec-
tion. To support this argument, Stamp’s appellate brief gen-
erally relies on our 2022 opinion in In re Guardianship of
Jill G. 18
The issue in In re Guardianship of Jill G. was the admis-
sibility of a GAL’s written report. That report was 8 pages
long and included as an attachment approximately 80 pages
of material the GAL had obtained pursuant to § 30-4204.
When the petitioner offered the GAL’s report with attach-
ments, the court sustained the respondent’s hearsay objections
and refused to receive the exhibit into evidence. The petitioner
tried several more times to offer the exhibit without success,
but at no time did she attempt to separately offer only the
materials obtained pursuant to § 30-4204. On appeal, the peti-
tioner argued the court erred in failing to admit the entire GAL
report under § 30-4204.
We found no error in that case, reasoning that the plain
terms of the admissibility provision in § 30-4204 referenced
only the materials a GAL is empowered to obtain as part of
his or her investigation and “does not pertain to a report cre-
ated by a GAL.” 19 We noted that GAL reports are governed by
a separate statute that, unlike § 30-4204, contains no provision
governing admissibility. 20 The opinion in In re Guardianship
of Jill G. emphasized that it is “the proponent’s responsibility
to separate the admissible and inadmissible parts” of an exhibit
and noted that “[w]hen part of an exhibit is inadmissible, a
18 In re Guardianship of Jill G., supra note 2.
19 Id. at 113, 977 N.W.2d at 918.
20 See Neb. Rev. Stat. § 30-4205 (Reissue 2016).

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trial court has discretion to reject the exhibit entirely or to
admit the admissible portion.” 21 Because the petitioner in In
re Guardianship of Jill G. had not separately offered just the
materials obtained by the GAL pursuant to § 30-4204, we
found no abuse of discretion in refusing to admit the entire
GAL report. And we expressly declined to separately consider
the admissibility of the information and materials obtained by
the GAL pursuant to § 30-4204.
Although our opinion in In re Guardianship of Jill G. did
not address whether materials obtained by a GAL pursuant to
§ 30-4204 are admissible over a hearsay objection, we moved
the instant appeal to our docket to address that question. We
turn to it now.
(b) Resolution
Section 30-4204 contains two sentences, and we consider
them both when construing the meaning of the statute. The first
sentence describes several categories of information that GALs
are authorized to obtain, either informally or by subpoena,
regarding the person for whom they have been appointed. And
the second sentence of the statute provides, without further
condition, that “[a]ny material obtained by a guardian ad litem
pursuant to this section is admissible in evidence.” 22
Black’s Law Dictionary defines “admissible” as “[c]apable
of being legally admitted; allowable; permissible,” 23 and it
defines “admissible evidence” as “[e]vidence that is relevant
and is of such a character . . . that the court should receive
it.” 24 We think these common definitions are appropriately
applied to the phrase “admissible in evidence” as it is used
in § 30-4204. As we will explain, in enacting § 30-4204, we
21 In re Guardianship of Jill G., supra note 2, 312 Neb. at 114-15, 977
N.W.2d at 918-19.
22 § 30-4204.
23 Black’s Law Dictionary 58 (11th ed. 2019).
24 Id. at 698.

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understand the Legislature to have determined that it is “allow-
able” or “permissible” for a court to admit into evidence the
materials specifically described in the statute, but that the
admission of such materials is not mandatory.
We consider it significant that, unlike admissibility provi-
sions found elsewhere in the Nebraska statutes, the admis-
sibility language in § 30-4204 is neither mandatory, 25 nor
expressly 	conditioned 	on 	compliance 	with 	the 	Nebraska
Evidence Rules. 26 Instead, the plain language of § 30-4204
makes the information specifically described in the first sen-
tence of the statute “admissible in evidence” without further
qualification. We see no ambiguity in the phrase “admissible
in evidence,” and we construe it according to its plain lan-
guage and its common usage in the law to mean that courts
are permitted, but not required, to receive such information
into evidence.
As such, although Patrick is correct that the Nebraska
Evidence Rules generally apply in probate proceedings, we
reject his argument that the phrase “admissible in evidence”
in § 30-4204 must be construed to mean otherwise admissible
25 Cf., Neb. Rev. Stat. § 13-2805 (Reissue 2022) (providing “the book
or pamphlet shall be received as evidence”); Neb. Rev. Stat. § 15-735
(Reissue 2022) (providing certified copy “shall be received in evidence as
prima facie evidence of the regularity of all proceedings in the matter”);
Neb. Rev. Stat. § 21-1404 (Reissue 2022) (providing certified copies of
articles of incorporation “shall be received in all the courts of this state
as prima facie evidence of the facts contained therein and of the due
incorporation of such association”).
26 Cf., Neb. Rev. Stat. § 27-402 (Reissue 2016) (providing “[a]ll relevant
evidence is admissible except as otherwise provided by” federal or state
Constitution, federal or state statutes, other rules of evidence, or rules of
Nebraska Supreme Court); Neb. Rev. Stat. § 27-412 (2)(a) (Cum. Supp.
2022) (providing that evidence described in statute “is admissible, if
otherwise admissible under the Nebraska Evidence Rules”); Neb. Rev.
Stat. § 27-1005 (Reissue 2016) (providing that contents of official record
“if otherwise admissible” may be proved through evidence described in
statute).

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under the rules of evidence. The construction urged by Patrick
would require that we read qualifying language into the stat-
ute that was not included by the Legislature. Instead, to the
extent the admissibility provision in § 30-4204 conflicts
with the rules of evidence, we conclude that § 30-4204 is
the more specific provision, and thus controls over the more
general statutes. 27
[13] We now hold that in guardianship proceedings, the
information specifically described in the first sentence of
§ 30-4204 is admissible in evidence when the proponent shows
such information or material (1) was obtained by the GAL
informally or by subpoena and (2) is regarding the person for
whom the GAL was appointed.
A trial court’s decision to admit or exclude evidence is
reviewed for an abuse of discretion, 28 and on this record, we
find no abuse of discretion in admitting the neuropsychologi-
cal report pursuant to § 30-4204 over Patrick’s hearsay objec-
tion. In fact, we note that Nebraska’s hearsay rule expressly
contemplates the possibility that “other rules adopted by the
statutes of the State of Nebraska” might render admissible
what would otherwise be considered inadmissible hearsay
under the rules of evidence. 29
The record shows that the neuropsychological report is a
medical or psychological report obtained by the GAL regard-
ing the person for whom she was appointed, and thus fits
squarely within the categories of information identified in
27 See Simons, supra note 16.
28 See, generally, Douglas Cty. Sch. Dist. No. 10 v. Tribedo, LLC, 307 Neb.
716, 950 N.W.2d 599 (2020).
29 Neb. Rev. Stat. § 27-802 (Reissue 2016). See, also, In re Guardianship
of Jill G., supra note 2, 312 Neb. at 113, 977 at 918 (noting “[w]e have
applied the principle that in the absence of admissibility authorized by the
Nebraska Evidence Rules or by other statute as a nonhearsay statement or
statements otherwise exempted or excluded from the operation or purview
of the ‘hearsay rule,’. . . a hearsay statement will be excluded”).

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Cite as 316 Neb. 381
§ 30-4204. Because the conditions of the statute were met, the
trial court was permitted to admit the report into evidence, and
it did not abuse its discretion in doing so. Patrick’s first assign-
ment of error has no merit.
2. Sufficiency of Evidence
[14] Patrick’s second assignment of error is that there was
insufficient evidence adduced to support the county court’s
finding that he is incapacitated and that a full guardianship
is the least restrictive alternative. He argues that “[t]he only
evidence offered showing [he] might have a mental defi-
ciency” was the neuropsychological report. 30 And he contends
that without that report, “there is no evidence that [he has] a
mental deficiency that affects his ability to understand or the
capacity to make or communicate decisions for himself.” 31
Although Patrick’s brief alludes to other alleged deficiencies
in the evidence, we do not discuss them, because conclusory
assertions unsupported by coherent analytical argument fail to
satisfy the requirement that an appellant’s brief must both spe-
cifically assign and specifically argue errors. 32 We therefore
confine our analysis to Patrick’s argument that without the
neuropsychological report, there was insufficient evidence to
support the court’s guardianship.
We reject this argument as meritless. As we have already
explained, it was proper for the court to admit the neuro-
psychological report into evidence. And our review of the
record, including the neuropsychological report, shows ample
evidence to support the court’s finding that Patrick is inca-
pacitated and that a full guardianship is the least restrictive
alternative to provide for his continuing care or supervision. 33
30 Brief for appellant at 15.
31 Id.
32 See, State v. Boppre, 315 Neb. 203, 995 N.W.2d 28 (2023); State v. Trail,
312 Neb. 843, 981 N.W.2d 269 (2022).
33 See, generally, Neb. Rev. Stat. § 30-2620 (Reissue 2016).

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Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
IN RE GUARDIANSHIP OF PATRICK W.
Cite as 316 Neb. 381
The court’s decision conformed to the law, was supported by
competent evidence, and was neither arbitrary, capricious, nor
unreasonable.
V. CONCLUSION
For the foregoing reasons, we affirm the order of the county
court.
Affirmed.