IN RE THE MATTER OF THE GUARDIANSHIP AND CONSERVATORSHIP OF ROBERT KENNETH FAGAN, Ward ROBERT KENNETH FAGAN, Appellant.
from the Iowa District Court for Polk County, Craig E. Block,
Associate Probate Judge.
appeals from an order appointing a guardian and conservator
pursuant to Iowa Code chapter 633 (2017).
Wood, Des Moines, for appellant.
J. Hagemeier of Williams & Hagemeier, P.L.C., Des Moines,
Considered by Vaitheswaran, P.J., and Potterfield and
Kenneth Fagan is a seventy-one-year-old veteran challenging
the district court's order to appoint him a permanent
guardian and conservator. On appeal, Fagan does not challenge
the decision to appoint a guardian or conservator, generally.
Instead, he contends a limited guardianship or
conservatorship would be more appropriate. See Iowa
Code § 633.551(3) (2017) ("In determining whether a
guardianship or conservatorship is to be established,
modified, or terminated, the district court shall consider if
a limited guardianship or conservatorship pursuant to section
633.635 or 633.637 is appropriate. In making the
determination, the court shall make findings of fact to
support the powers conferred on the guardian or
conservator."). We do not reach the merits of
Fagan's argument, however, because we conclude remand and
rehearing is necessary due to Fagan not receiving
representation during the course of this proceeding.
guardianship and conservatorship proceedings, "the
proposed ward is entitled to representation." Iowa Code
§§ 633.561 .575. "Upon the filing of the
petition, the court shall appoint an attorney to represent
the proposed ward, set a hearing on the petition, and provide
for notice of the appointment of counsel and the date for
hearing." Iowa Code §§ 633.561(1)(a),
.575(1)(a). The Code provides an appointed attorney shall do
a. Ensure that the proposed ward has been properly advised of
the nature and purpose of the proceeding.
b. Ensure that the proposed ward has been properly advised of
the ward's rights in a guardianship proceeding.
c. Personally interview the proposed ward.
d. File a written report stating whether there is a return on
file showing that proper service on the proposed ward has
been made and also stating that specific compliance with
paragraphs "a" through "c" has been made
or stating the inability to comply by reason of the proposed
e .Represent the proposed ward.
f. Ensure that the guardianship procedures conform to the
statutory and due process ...