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IN THE COURT OF APPEALS OF IOWA No. 0-464 / 09-1672 Filed October 6, 2010 IN RE THE MATTER OF THE GUARDIANSHIP OF AUSTIN E. PADGETT, JEANNE LANE, Guardian-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.

Guardian appeals probate court's order terminating her guardianship. AFFIRMED.

Craig H. Lane, of Craig H. Lane, P.C., Sioux City, for appellant. Joshua Gaul, Iowa City, for appellee.

Heard by Vaitheswaran, P.J., Eisenhauer and Danilson, JJ.

EISENHAUER, J. Guardian Jeanne Lane appeals the probate court's order terminating her guardianship of her grandson, Austin Padgett. We affirm. I. Background Facts and Proceedings. Donald Padgett and Carrie Lane are the unmarried parents of Austin. When Austin was ten-months-old, Carrie's mom, Jeanne, took over his care due to continuing substance abuse by Donald and Carrie. In January 2001, when Austin was three, Jeanne filed a petition for involuntary guardianship. In March 2001, after an evidentiary hearing including recommendations from Austin's guardian ad litem, the probate court granted Jeanne's petition and ordered limited visitation for Carrie and Donald. In August 2001, the probate court

reviewed and continued Jeanne's guardianship, increased parental visitation, and ordered both parents to address their substance abuse issues. After meeting with Austin's guardian ad litem, the parties agreed to a parenting plan, which was filed with the probate court in December 2002. Under the plan Carrie provided Austin's home base and Donald exercised visitation on Wednesdays and on weekends. Consequently, when Austin was four and onehalf, his care shifted to Carrie with Donald having regular visitation. In January 2009, Donald filed a petition to terminate Jeanne's guardianship, stating: "The reasons for the establishment of this guardianship in 2001 no longer exist." Jeanne and Carrie resisted Donald's petition to terminate.

In August 2009, Austin's guardian ad litem filed a report joining Donald's petition to terminate, stating "the concerns that led to the establishment of the guardianship in 2001 no longer exist." Austin is twelve years old, in seventh grade, and continues to live with Carrie. Carrie is in a nine-year relationship with the father of her six-year-old son. Carrie has Hawk-I health insurance coverage on her younger son. Donald is married and is the parent of a toddler. Donald's health now requires him to have in-home dialysis every evening. In September 2009, after an evidentiary hearing, the probate court terminated Jeanne's guardianship. appeals. II. Scope of Review. Actions for the termination of a guardianship are equitable proceedings reviewed de novo. In re Guardianship of B.J.P., 613 N.W.2d 670, 672 (Iowa 2000). "We pay close attention to the credibility findings of the trial court Jeanne now

because it had the opportunity to observe and listen to the parties and other witnesses." In re Guardianship of Stewart, 369 N.W.2d 820, 824 (Iowa 1985). III. Merits. A guardian is "the person appointed by the court to have custody of the person of the ward." Iowa Code

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