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Case No. 18-1499

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

In the Matter of the Guardianship and Conservatorship of Sylvia Chott

Katherine Myer, Appellant

Attorney for Appellant

Eric G. Borseth

Attorney for Appellee

Chad W. Eichorn

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 11, 2019

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and Mullins, JJ.  Opinion by Potterfield, P.J.  (11 pages)

            Katherine Myer appeals the district court ruling finding she violated her obligations to her mother Sylvia Chott as her mother’s power of attorney by withdrawing funds from the mother’s bank account and ordering her to return the money and pay attorney fees and court costs.  Katherine argues the district court erred by evaluating her conduct under Iowa Code chapter 633B (2017), by finding she had not met her burden to prove she acted in good faith and Sylvia had acted freely, voluntarily, and intelligently when she transferred the money to Katherine, and by awarding Sylvia attorney fees.  Additionally, she requests appellate attorney fees.  OPINION HOLDS: The district court correctly evaluated Katherine’s conduct under chapter 633B.  The district court correctly determined Katherine had not met her burden of proof.  We affirm the award of trial attorney fees and award appellate attorney fees to Sylvia.  We affirm.

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