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Case No. 18-1273

In the Matter of the Guardianship and Conservatorship of Diane Florene Norelius

Juliann Elizabeth Nelson and Kristine Beth Norelius, Petitioners-Appellants

Attorney for Appellants

Maura Sailer

Attorney for Appellee

Alyssa A. Herbold

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1273
Date Published:
Jan 23, 2020
Summary

            Appeal from the Iowa District Court for Crawford County, Julie A. Schumacher, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Mullins, JJ.  Schumacher, J., takes no part.  Opinion by Mullins, J.  (9 pages)

            Appellants Juliann Nelson and Kristine Norelius appeal the district court ruling on their petition to establish an involuntary guardianship and conservatorship over their mother, Diane Norelius.  They argue the court abused its discretion in (1) declining to appoint them as sole non-resident co-guardians of Diane or to name them as non-resident co-guardians along with Juliann’s daughter as resident co-guardian and instead appointing one of Diane’s friends; (2) its selection of one of the two co-conservators; (3) declining to reopen the record to allow the presentation of evidence that said co-conservator would be unsuitable; (4) giving too much weight to Diane’s preference to name the co-conservator; (5) sealing its final order of appointment; and (6) granting Diane’s attorney’s request for attorney fees and only partially granting the appellants’ attorney’s request for fees.  The appellants request an award of attorney fees.  OPINION HOLDS: We affirm the district court’s appointment of the guardian and assessment of attorney fees.  We determine all of the co-conservator-related issues and the court’s sealing of its final order of appointment to be moot.  We deny the appellants’ request for appellate attorney fees.  We do not consider any arguments raised by the appellants for the first time in their reply brief.  Costs on appeal are assessed against the appellants. 

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