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Case No. 18-1361

For summaries from opinions prior to August, 2018, view PDF versions here

In the Matter of the Guardianship and Conservatorship of Maggie Jean Lewis Turner

Timothy Lewis and Kimberly Hawkins, Petitioners-Appellants

Attorney for Appellant Timothy Lewis

Magdalena Reese (until withdrawal)

Sarah E. Dewein

Attorney for Appellant Kimberly Hawkins

Thomas E. Maxwell

Attorney for Appellees

Timothy J. Krumm and Stephanie A. Worrell

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1361
Date Published:
Aug 21, 2019
Summary

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (14 pages)

            The ward’s niece and nephew appeal from the denial of their applications for guardianship and conservatorship and the appointment of the ward’s long-time friends as guardians.  They contend the district court erred in concluding the ward was competent when executing two durable powers of attorney (POA) granting a medical POA to the friends and a general POA to a bank.  OPINION HOLDS: We find no error in the court’s conclusion the ward was competent to execute the POAs.  There is no dispute the ward now needs a guardian, but we further conclude the appointment of the ward’s friends was appropriate and did not involve an abuse of discretion.  Finally, the district court did not err in determining the bank is adequately handling her financial affairs and a conservatorship is unnecessary. 

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