Guardianship Appeals: You May Want to Read a May 2, 2018 Iowa Guardianship Appeal

Why would Florida probate lawyers want to read a guardianship appeal in Iowa? Probate lawyers tend to encounter similar fact patterns in their cases throughout the country. Therefore, even though we are discussing an Iowa opinion, not a Florida opinion, there is much to learn from it.  This particular appeal, In re Guardianship of Monkhouse, discusses a limited guardianship and what is required to show that a limited guardianship is necessary. 

Here, Timothy Monkhouse, the ward, appeals a probate court order establishing a limited guardianship. The ward is the person who the guardianship is established for.  In this limited guardianship, the ward’s parents are given the authority to control the ward’s medical decisions, access the ward’s medical information, and determine the ward’s living situation. The ward argues that this is not necessary and that he can do these things himself. The appellate court reviewed the evidence to determine whether or not the limited guardianship was supported. The evidence showed that the ward suffered from schizophrenia, which had caused him to be involuntarily committed six times and arrested multiple times.  However, the probate court found that IF Timothy properly took his medications, he can function as an individual. So then why did the ward need this limited guardianship? Evidence, including the testimony of the ward’s father and the ward’s own testimony , proved that ,without a guardian, the ward may not take his medicine. Therefore, the limited guardianship was evidenced to be necessary.