The Young Lawyers Division of the Iowa State Bar Association has put out a handbook for Guardians and Conservators in Iowa. It is a helpful and easy to follow guide for administering a conservatorship or guardianship. You can download the handbook here.
Local probate Judge Ruth Klotz issued her ruling Thursday in the public and controversial case involving Robert Queener. Mr. Queener becamed the center-piece of a dispute between Iowa Department of Human Services (DHS) and Mr. Queener's niece. The dispute focused on who should be appointed his guardian and conservator. DHS had taken an active, and arguably aggressive, role in his custody and control of his assets with the appointment of their recommended parties for guardian and conservator. Mr. Queener's niece, Cheri Jensen, also sought to be appointed as his guardian and conservator.
In Thursday's ruling, the court after hearings for the past several months, indicated a preference for appointment of family members as a guardian, provided they are not disqualified from serving in that capacity.
While DHS is required to and does protect elderly citizens of Iowa, it would appear based upon the learned ruling of Judge Klotz that proper consideration should be given to family members to serve if possible. The strong-arm of government agencies may be viewed as intrusive in family matters. Proper planning before a person reaches the point where they need help is beneficial to avoid such expensive legal battles.
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A recent ruling from the Iowa Court of Appeals dictates that once a natural parent loses custody of their child in a guardianship proceeding, if the parent seeks to terminate the guardianship and regain custody, it is necessary that the parent seeking to terminate the guardianship must show a "substantial change in circumstances" in order to terminate the guardianship.
To understand the significance of this ruling, it is important to understand the normal rule involved with guardianships where a natural parent is involved. The normal rule in establishing a guardianship for a minor is that a natural parent, if qualified and suitable, shall be preferred over all others in an appointment as a guardian. This strong legal presumption is a result of the strong societal desire to preserve the natural parent-child relationship.
The Iowa Court of Appeals stated that once the issue of the natural parent's ability is litigated in the establishment of a guardianship, the normal rule in favor of a natural parent doesn't apply in later proceedings to terminate the guardianship as it is not in the child's best interest.
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