Family Member Given Preference in Iowa Guardianship Case
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.
