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Case No. 20-0521

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

In the Matter of the Guardianship and Conservatorship of Opal A. Hadaway.

Mark Hadaway and Thomas Hadaway, Executors of the Estate of Opal A. Hadaway, Deceased, Appellants.

Attorney for Appellants

Mark Hadaway, self-represented

Thomas Hadaway, self-represented

Attorney for Appellee

Justin T. Deppe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 12, 2021

            Appeal from the Iowa District Court for Hamilton County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.
Opinion by Mullins, P.J.  (8 pages)

            Co-Guardians and conservators appeal a district court order directing them to pay attorney fees.  OPINION HOLDS: The district court, sitting in probate, had subject-matter jurisdiction over the open voluntary guardianship and conservatorship and did not abuse its discretion in exercising that jurisdiction to award guardian ad litem (GAL) fees.  The court’s statements related to the attorney representing Mark and Tom in the prior guardianship and conservatorship proceedings were relevant to the court’s consideration of the GAL’s fee application.  The court’s statements on its knowledge of and experience with the GAL did not create a conflict of interest requiring judicial recusal.

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