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Case No. 18-1332

In the Matter of the Guarianship and Conservatorship of Mabelle L. Raska

Mabelle L. Raska, Ward-Appellant

Attorney for Appellant

Joseline L. Greenley

Attorney for Appellee

Steven W. Hendricks

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1332
Date Published:
Sep 25, 2019
Summary

            Appeal from the Iowa District Court for Hamilton County, Timothy J. Finn, Judge.  REVERSED.  Heard by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (11 pages)

            A guardian ad litem appeals the district court’s order approving a gift from conservatorship funds.  The guardian ad litem argues the district court erred by failing to review the ward’s will to determine her testamentary intent.  The guardian ad litem further argues the gift was given without good cause to an organization that was neither a named testamentary beneficiary nor a beneficiary of lifetime donations and was not structured to maximize income-tax benefits.  OPINION HOLDS: A review of the ward’s will would have been relevant to the district court’s ultimate decision of whether good cause supported the gift but is not fatal.  On our de novo review, we find the evidence does not support a finding of good cause under Iowa Code section 633.668 (2018) to support the gift. 

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