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IN THE COURT OF APPEALS OF IOWA No. 0-573 / 09-1484 Filed December 8, 2010

IN THE MATTER OF THE GUARDIANSHIP OF RODERICK SEYMOUR JR. JACQUELYN SEYMOUR and EULAH BOOMER, Appellants. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Ruth B. Klotz, Associate Probate Judge.

Appellants appeal the probate court decision appointing a successor guardian for the adult ward. AFFIRMED.

Gary Dickey of Dickey & Campbell Law Firm, P.L.C., Des Moines, for appellants. Thomas J. Miller, Attorney General, Gretchen Kraemer, Assistant Attorney General, John P. Sarcone, County Attorney, and Romonda Belcher-Ford, Assistant County Attorney, for appellee State. Michael J. Manno, West Des Moines, guardian ad litem and attorney for the ward.

Considered by Vaitheswaran, P.J., Eisenhauer, J., and Huitink, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

2 HUITINK, S.J. I. Background Facts & Proceedings His mother,

Roderick Seymour Jr. is a mentally ill dependent adult.

Jacquelyn Seymour, was appointed as his guardian in 2007 under Iowa Code section 633.552 (2007). On October 7, 2008, the State filed a petition for an emergency order enjoining Jacquelyn from acting as Roderick's guardian or payee under various public assistance programs.1 The State alleged that Jacquelyn abused Roderick or otherwise interfered with treatment for his mental health issues. The State subsequently filed an application for the appointment of a successor guardian and conservator. On January 9, 2009, after notice to Jacquelyn and a hearing on the merits of the State's petition, the probate court entered an order removing Jacquelyn as Roderick's guardian and appointing D. Thomas Smith as his temporary guardian and conservator. Jacquelyn did not appeal from this order.2 Jacquelyn's mother, Eulah Boomer, filed a petition to intervene in the guardianship proceedings requesting appointment as Roderick's permanent guardian. The probate court granted her motion to intervene. Following a

hearing on the merits of the State's petition to appoint D. Thomas Smith as Roderick's permanent guardian and conservator, the court entered an order on September 8, 2009, appointing Smith as Roderick's permanent guardian and
1

A proposed decision by an administrative law judge of the Iowa Department of Inspections and Appeals later reversed the Iowa Department of Human Services' founded report of dependent adult abuse. 2 Jacquelyn appealed a June 30, 2009 order approving a medical procedure for Roderick, but not the January 9, 2009 order. Her appeal of the June 2009 order was dismissed for failure to make prompt and satisfactory arrangements for the preparation of a transcript.

3 conservator. The court found Jacquelyn "has caused problems both for herself and for Roderick by making decisions that appear to interfere with his care by those charged with being the caretakers." The court also rejected Eulah's

request to be guardian, noting it would be "difficult for her to accept the recommendations of doctors and caretakers if Jacquelyn was not in agreement with those recommendations." Jacquelyn and Eulah appeal. II. Standard of Review

Actions for the involuntary appointment of guardians and custodians are tried at law, but "all other matters triable in probate shall be tried by the probate court as a proceeding in equity." Iowa Code

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