In the Matter of the Guardianship and Conservatorship of John Rottinghaus
Rebecca Hergert, Appellant
Attorney for Appellant
Anne K. Wilson
Virginia Wilber
Attorney for Appellee Jason Rottinghaus
Charles B. Garman
Attorney for Protected Person
Natalie Williams Burris
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (11 pages)
Rebecca Hergert appeals a district court order appointing one of her brothers, Jason Rottinghaus, as guardian to their father, John Rottinghaus, setting a visitation schedule, and continuing the guardianship. OPINION HOLDS: The district court did not abuse its discretion in selecting Jason from a pool of exclusively imperfect options to serve as guardian—Jason’s years of caregiving and his commitment to John’s desire to receive in-home care tips the balance in his favor. We similarly find that good cause supports the court’s limited visitation schedule for the six siblings given the recommendations from John’s medical providers, the degree of conflict between the siblings, and John’s desire to see each of his children. Finally, we agree with the district court that John continues to be best served by a guardianship.
