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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
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.