Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Guardianship and Conservatorship of Evans

Court of Appeals of Iowa

October 11, 2017

IN THE MATTER OF THE GUARDIANSHIP AND CONSERVATORSHIP OF DENISE LOUISE EVANS, Ward. DENISE LOUISE EVANS, Ward-Appellant.

         Appeal from the Iowa District Court for Polk County, Craig E. Block, Associate Probate Judge.

         Ward appeals from an order appointing a guardian and conservator pursuant to Iowa Code chapter 633 (2016).

          Amanda L. Green of Nading Law Firm, Ankeny, for appellant.

          Thomas J. Miller, Attorney General, and Gretchen W. Kraemer, Assistant Attorney General, for appellee State.

          Considered by Vogel, P.J., and Doyle and McDonald, JJ.

          MCDONALD, JUDGE.

         Denise Evans appeals from an order appointing a temporary guardian and conservator pursuant to Iowa Code chapter 633 (2016). Evans makes three arguments on appeal. She argues an initial emergency order authorizing services issued pursuant to Iowa Code chapter 235B was inappropriate. She contends there was insufficient evidence to establish the need for a guardianship and conservatorship. She argues the district court erred in not giving appropriate consideration to establishing only a limited guardianship and conservatorship.

         I.

         Iowa Code 235B.19 allows the Iowa Department of Human Services (IDHS) to seek an emergency order authorizing protective services for a dependent adult. In July 2016, IDHS petitioned for such an order for the protection of Evans. At the time of the petition, Evans was 56 years old and had been diagnosed with multiple sclerosis. The petition alleged Evans had "poor insight" regarding how her diagnosis of multiple sclerosis affected her wellbeing. For example, Evans continued to attempt to walk despite her inability to do so, frequently fell, and caused herself injury. The petition alleged Evans "allow[ed] homeless people to live with her" and gave them access to her debit card. The petition alleged Evans did not keep track of her money and was unable to pay rent as a result. The petition further alleged Evans had gone to the hospital on July 13 to treat a stroke and would put herself at risk of harm by going home. IDHS requested the district court to order Evans to remain hospitalized until her treating medical providers discharged her, order her to be placed as determined by the department following her discharge, and order all medical decisions to be made by her treating medical providers.

         The district court granted the petition for emergency relief. In addition to the requested relief, the order allowed IDHS to

examine all medical and all financial records, including but not limited to banking and investment records, of the dependent adult (including medical records involving HIV status, substance abuse and mental health treatment) and to exchange information with treating medical professionals, staff at the placement where the dependent adult [was] residing, staff at any facilities where the dependent adult may be placed, family members of the dependent adult, and any potential guardians and/or conservators for the dependent adult.

         The order also allowed the department of human services "to enter the dependent adult's home to obtain any personal property needed by the dependent adult and/or secure the home" and "obtain and release information regarding the dependent adult . . . to the Social Security Administration for the purpose of obtaining funding for the dependent adult."

         The district court's order, by its terms, was to expire in seventy-two hours. See Iowa Code § 235B.19(6). From that point until October 2016, the district court issued a series of emergency orders requiring Evans to remain in a care facility under the supervision of IDHS.

         In October 2016, IDHS filed a petition for involuntary appointment of guardian and conservator pursuant to Iowa Code chapter 633. Evans resisted the petition. Following an evidentiary hearing, the district court issued an order naming Debra Williams, Evans's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.