In the Matter of the Guardianship and Conservatorship of Mary Zabel
Jacqueline Oberhelman, Appellant
Attorney for Appellant
Cameron M. Sprecher
Attorney for Appellee Shelly Zabel
David R. Johnson
Attorney for Appellee Mary S. Zabel
Brian L. Yung
Attorney for Conservator Green State Credit Union
Colin Hendricks
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge. AFFIRMED IN PART AND REVERSED IN PART. Considered without oral argument by Greer, P.J., Buller, J., and Potterfield, S.J. Ahlers, J., takes no part. Opinion by Potterfield, S.J. (14 pages)
Sisters Shelly Zabel and Jacqueline Oberhelman (Jackie) filed competing petitions to be named guardian and conservator of their mother, Mary Zabel, who has advanced dementia. Following a four-day trial, the district court selected Shelly to be guardian and Green State Credit Union to be the conservator; it suspended a 2012 durable medical power of attorney giving Jackie certain powers. Jackie appeals, challenging the court’s guardianship decision and the suspension of the power of attorney. OPINION HOLDS: The district court did not abuse its discretion in appointing Shelly guardian rather than Jackie; we affirm that decision. But the court lacked authority to suspend Mary’s 2012 medical power of attorney naming Jackie as her agent in this circumstance, so we reverse that decision.
