DOCSLIB.ORG

Annual Meeting Outlines Coverpages.Pub

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Annual Meeting Outlines Coverpages.Pub Elder Law Track Monday, June 13 Room 312 - 313 Elder Law Track Monday, June 13 Room 312-313 9:00 a.m. – 10:00 a.m. Surviving the Storm: A Discussion of the Laws Addressing Elder Abuse Chantelle Smith, Iowa Attorney General’s Office, Des Moines, Iowa Sara Scott, Iowa Department of Justice, Des Moines, Iowa 10:00 a.m. - 11:00 a.m. Elder Law Ethics (Part 1) Prof. Josephine Gittler, University of Iowa, Iowa City, Iowa Ronni Begleiter, BrownWinick, P.L.C., Des Moines, Iowa 11:15 a.m. - 12:15 p.m. Elder Law Ethics (Part 2) Prof. Josephine Gittler, University of Iowa, Iowa City, Iowa Ronni Begleiter, BrownWinick, P.L.C., Des Moines, Iowa 1:00 p.m. - 1:30 p.m. Changes for Special Needs Persons after July 1 Gregory Kenyon, Bradshaw Fowler Proctor & Fairgrave, P.C., Des Moines, Iowa Benjamin Chatman, SUMO Group Inc., Des Moines, Iowa 1:30 p.m. - 2:00 p.m. Guardianship Reform Task Force Update Prof. Josephine Gittler, University of Iowa, Iowa City, Iowa 2016 Annual Meeting Conference Elder Law Track Rooms 312 - 313 Surviving the Storm: A Discussion of the Laws Addressing Elder Abuse 9:00 a.m. - 10:00 a.m. Presented by Chantelle Smith Assistant Attorneys General Iowa Attorney General’s Office Hoover Building 1305 East Walnut Des Moines, IA 50319 Phone: 515-281-8811 Sara Scott Assistant Attorneys General Iowa Attorney General’s Office Hoover Building 1305 East Walnut Des Moines, IA 50319 MONDAY, JUNE 13 SURVIVING THE STORM: A DISCUSSION OF THE LAWS ADDRESSING ELDER ABUSE CHANTELLE SMITH AND SARA SCOTT ASSISTANT ATTORNEYS GENERAL IOWA ATTORNEY GENERAL’S OFFICE DEPENDENT ADULT ABUSE—CH. 235B ➤ 18 or older ➤ Dependency: . unable to protect the person’s own interests OR . unable to adequately perform or obtain services necessary to meet essential human needs . as a result of a physical or mental condition which requires assistance from another ➤ Caretaker—related or nonrelated with responsibility for protection, care, or custody; voluntary, contract, employment, or order ➤ Abuse determination and protective services—DHS ➤ Central registry to maintain DAA information 5 DEPENDENT ADULT ABUSE—CH. 235B ➤ Abuse allegation: . Willful or negligent acts or omissions • Physical injury or injury at a variance with history • Violation of ch. 709 (sex abuse) or §726.2 (incest) • Financial exploitation • Neglect . Self-neglect . Sexual exploitation—consensual or nonconsensual sexual conduct which includes, but is not limited to: • Kissing • Touching clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals (including pictures/video) • Sex act as defined by §702.17 • Does not include touching between spouses 6 DAA FACILITIES/PROGRAMS—CH. 235E ➤ 18 or older ➤ Dependency: . ability to perform the normal activities of daily living OR . to provide for the person’s own care or protection . is impaired, temporarily or permanently ➤ Caretaker—staff member of facility or program; voluntary, contract, employment, or court order ➤ Abuse determination by DIA ➤ Protective services implemented by DHS and 235B provisions apply, unless inconsistent ➤ Caretaker and employer notified of founded report; placed on central registry (per 235B) 7 DAA FACILITIES/PROGRAMS—CH. 235E ➤ Abuse allegation: . Willful misconduct, gross negligence, or reckless acts or omissions taking into account the totality of the circumstances • Physical injury or injury which is at a variance with history, unreasonable confinement or punishment, or assault which involves a breach of skill, care, and learning ordinarily exercised by a caretaker in similar circumstances • Violation of ch. 709 (sex abuse) or §726.2 (incest) • Financial exploitation (funds, assets, medications, or property) • Neglect 8 DAA FACILITIES/PROGRAMS—CH. 235E ➤ Abuse allegation, con’t.: . Sexual exploitation—within or outside of a facility or program; consensual or nonconsensual sexual conduct which includes, but is not limited to: • Kissing • Touching clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals (including pictures/video) • Sex act as defined by §702.17 • Does not include touching between spouses or partners in an “intimate relationship” 9 ELDER ABUSE RELIEF ACT—CH. 235F ➤ “Vulnerable elder” ➤ 60 years of age or older ➤ Unable to protect him or herself from elder abuse as a result of age or a mental or physical condition (but see Chapman v. Wilkinson, No. 15-0153, April 27, 2016) ➤ Modeled after ch. 236 (domestic abuse) ➤ Not required to be filed by elder; can be filed by “substitute petitioner” which includes family, household member, G/C, GAL, agent, or “other interested person” ➤ Temporary and emergency orders available; standard forms created by the judicial branch ➤ Broad relief including orders re: fund transfers and return ➤ Cannot use to avoid ch. 633 proceeding 10 ELDER ABUSE RELIEF ACT—CH. 235F ➤ Abuse allegation: . Physical injury or injury which is at a variance with history, unreasonable confinement or punishment, or assault (not by a 235E caretaker) . Violation of ch. 709 (sex abuse) or §726.2 (incest) . Neglect . Financial exploitation—a person who stands in a position of trust or confidence knowingly and by undue influence, deception, coercion, fraud, or extortion, obtains control over or otherwise uses or diverts the benefits, property, resources, belongings, or assets of the vulnerable elder 11 ELDER ABUSE RELIEF ACT—CH. 235F ➤ “Stands in a position of trust or confidence”: . Parent, spouse, adult child, or other relative . “Caretaker”—related or nonrelated with responsibility for protection, care, or custody; voluntary, contract, employment, or order; does not include facility/program staff . “Confidential relationship”—no banks or credit unions, attorneys, insurance agents or companies, or real estate agents or companies 12 SUBSTITUTE DECISION MAKER—CH. 231E ➤ Authority: . Provide substitute decision-making services to adults and their estates after their deaths when no private SDM is available . Provide assistance to public and private SDMs in securing necessary services for their wards, principals, clients, and decedents and to assist SDMs, wards, principals, clients, courts, and attorneys in the orderly and expeditious handling of all substitute decision-making proceedings . Establish local SDM offices to function as network of SDMs 13 SUBSTITUTE DECISION MAKER—CH. 231E ➤ 18 and older ➤ Resident of Iowa ➤ No suitable family or entity willing and able to serve ➤ Individual is incompetent ➤ G/C must be the least restrictive means ➤ Involuntary petitions only ➤ Represented by the AG ➤ Application for services required 14 SUBSTITUTE DECISION MAKER—CH. 231E ➤ Court–initiated or petition-initiated appointment . Notice must be provided prior to appointment . Must comply with staffing ratios (set by rule) ➤ OSDM-initiated or court-requested intervention . Appointed G/C not fulfilling duties or subject to removal; . Willing and qualified G/C not available; or . Best interests of the ward require 15 GDNSHP/CONSV—CH. 633 ➤ Fiduciary may be removed for failure to perform any duty imposed by law or otherwise disqualified (upon court’s own motion or “verified petition of a person interested in the estate”) ➤ Ward may petition to terminate g/c, but must wait six months if prior petition is denied ➤ Legitimate use of g/c for protection of person 17 POWERS OF ATTORNEY—CH. 633B ➤ Judicial relief—may be sought by principal, agent, g/c, health care POA, spouse, parent, descendant, beneficiary, gov’t agency, caregiver, a person asked to accept POA, a person designated by principal, or someone who demonstrates “sufficient interest in the principal’s welfare” ➤ Naming of guardian/conservator ➤ Agent duties—principal’s reasonable expectations/best interests, good faith, within scope of authority granted ➤ Agent acknowledgment of duties—optional ➤ Fundamental principle unchanged 18 DPOA HEALTH CARE—CH. 144B ➤ Priority over others including guardian unless the court finds the AIF to be behaving badly or DPOAHC says otherwise ➤ Can be revoked “at any time and in any manner by the principal is able to communicate the intent to revoke, without regard to mental or physical condition” 19 GENERAL CRIMINAL ➤ 155A.23 Obtaining ➤ 711 Robbery and Prescript. Drugs by Fraud Extortion ➤ 706 Conspiracy ➤ 713 Burglary ➤ 706A Ongoing Criminal ➤ 714 Theft and Fraud Conduct ➤ 715A Forgery and Fraud ➤ 706B Money Laundering ➤ 716 Mischief and ➤ 707 Homicide Trespass ➤ 708 Assault ➤ 724 Weapons ➤ 709 Sex Abuse ➤ 726 Wanton Neglect ➤ 710 Kidnapping ➤ 727.8 Eavesdropping ➤ 710A Human Trafficking ➤ 729A Hate Crimes 20 2016 Annual Meeting Conference Elder Law Track Rooms 312 - 313 Elder Law Ethics 10:00 a.m. - 11:00 a.m. (Part 1) 11:15 a.m. - 12:15 p.m. (Part 2) Presented by Prof. Josephine Gittler University of Iowa 412 Boyd Law Building Iowa City, IA 52242 Phone: 319-335-9046 Ronni Begleiter BrownWinick, P.L.C. 666 Grand Avenue Suite 2000 Ruan Center Des Moines, IA 50309 Phone: 515-242-2463 MONDAY, JUNE 13 2016 Annual Meeting Conference Elder Law Track Rooms 312 - 313 Changes for Special Needs Persons after July 1 1:00 p.m. - 1:30 p.m. Presented by Gregory Kenyon Bradshaw Fowler Proctor & Fairgrave, P.C. Benjamin Chatman Iowa Medicaid Trust Program PO Box 36565 Des Moines IA 50315 MONDAY, JUNE 13 Special Needs Trusts in Iowa Iowa State Bar Association Annual Meeting Elder Law Section Track Presented by Gregory L. Kenyon Bradshaw Fowler Proctor and Fairgrave, PC Des Moines, Iowa And Ben Chatman Iowa Medicaid Trust Program Before addressing the issue of special needs trust, this outline will provide a general overview of basic eligibility for medical assistance through the Medicaid program and will also provide a brief overview of planning alternatives. I. FINANCIAL NEED – BASIC ELIGIBILITY STANDARDS In order to plan for a person with disabilities it is critical that the program(s) under which the person is receiving benefits are confirmed as the eligibility standards vary. This outline will not go into any great detail in identifying the different programs, but will refer to some basic eligibility standards and a process to analyze planning alternatives. A. Resource Eligibility Some, but not all governmental programs base eligibility on financial need.
Load more

Recommended publications
  • 1 in the Iowa Supreme Court in the Matter of Lessons Learned ) From
    In the Iowa Supreme Court In the Matter of Lessons Learned ) From the Judicial Branch Response ) April 28, 2021 To COVID-19 ) Beginning in early March 2020, the judicial branch was preparing to minimize the impact of COVID-19 on the services it provides to Iowans. In the span of just a few weeks, the planning effort transitioned into the need for immediate actions. As the pandemic worsened and more information about the virus became available, the Iowa Supreme Court issued orders to protect the public and court employees while keeping the courts as open and operational as possible. Between March 12 and November 24, nearly thirty supervisory orders were issued. As the judicial branch begins to plan for a post COVID-19 world, it seeks to review the formal orders and informal policies or practices adopted by the branch in response to the COVID-19 pandemic. The supreme court establishes the Lessons Learned Task Force to make recommendations to the supreme court on rules, polices or practices that should be retained, modified or stopped. The recommendations shall be submitted to the supreme court by June 4, 2021. The following individuals are appointed to the Task Force: Honorable Susan Christensen, Chief Justice, Iowa Supreme Court, Harlan, chair Honorable Kellyann Lekar, Chief Judge, First Judicial District, Waterloo Honorable David Porter, District Judge, Des Moines Honorable Russell Keast, District Associate Judge, Cedar Rapids Steve Bradford, corporate counsel, Muscatine 1 Carrington Buze, Children’s Justice, Des Moines Guy Cook, private
    [Show full text]
  • History of the Iowa Court of Appeals
    Doyle 7.1 2/22/2012 3:16 PM HISTORY OF THE IOWA COURT OF APPEALS Hon. Rosemary Shaw Sackett* Hon. Richard H. Doyle** I. Early History ............................................................................................. 1 II. Creation of the Iowa Court of Appeals .................................................. 3 III. The Court in Controversy ...................................................................... 10 IV. The Early Five-Judge Court .................................................................. 12 V. Changes .................................................................................................... 18 VI. The Expansion of the Iowa Court of Appeals ..................................... 20 VII. Ten-Year Anniversary ............................................................................ 22 VIII. Transitions ............................................................................................... 23 IX. Six Judges to Nine ................................................................................... 28 X. Further Transitions ................................................................................. 31 XI. Current Work of the Iowa Court of Appeals ...................................... 38 In celebration of the Iowa Court of Appeals’ thirty-fifth anniversary, we look back on its history. I. EARLY HISTORY The organic law of territorial Iowa vested judicial power in “a supreme court, district courts, probate courts, and in justices of the peace.”1 There was no provision for an intermediate
    [Show full text]
  • Iowa Official Register
    IOWA OFFICIAL REGISTER _______________ 2009-2010 ________________ Publisher Iowa General Assembly Legislative Services Agency Glen Dickinson, Director Volume 73 iii TABLE OF CONTENTS 1. EXECUTIVE BRANCH ELECTED OFFICIALS Governor....................................................................................................................3 Lieutenant Governor ..................................................................................................5 Secretary of Agriculture.............................................................................................7 Attorney General........................................................................................................9 Auditor of State........................................................................................................11 Secretary of State .....................................................................................................13 Treasurer of State.....................................................................................................16 Executive Council....................................................................................................18 2. LEGISLATIVE BRANCH 83rd General Assembly............................................................................................21 The Legislative Branch............................................................................................22 Senate Officers and Staff .........................................................................................24
    [Show full text]
  • House Journal
    PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA House Journal WEDNESDAY, JANUARY 16, 2019 Produced daily by the State of Iowa during the sessions of the General Assembly. (The official bound copy will be available after a reasonable time upon adjournment.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 70 JOURNAL OF THE HOUSE 3rd Day JOURNAL OF THE HOUSE Third Calendar Day - Third Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, January 16, 2019 The House met pursuant to adjournment at 8:31 a.m., Speaker Upmeyer in the chair. Prayer was offered by Dave Heisterkamp, senior pastor of Lakeside Fellowship Church, Polk City. He was the guest of Hagenow of Dallas. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Alyssa Brouillet, Majority Leader’s Page from Ankeny. The Journal of Tuesday, January 15, 2019, was approved. REPORT OF COMMITTEE ON MILEAGE Madam Speaker: Your committee appointed to determine the mileage each member is entitled to begs leave to submit the following report: Name ......................................................................................................
    [Show full text]
  • 'Go Forward and Seek Justice'
    Spring 2021 ‘GO FORWARD AND SEEK JUSTICE’ School of Law Prioritizes Issues of Diversity and Inclusion SPRING 2021 Passing the Baton After leading the Abrahams Legal Clinic for 28 years, Professor Kate Mahern has retired from her leadership role, passing the baton to Professor Diane Uchimiya. 18 Dean’s Fund a Lifeline in Trying Times The Dean’s Fund in the School of Law, primarily funded by Creighton Law alumni, is used for things large and small, and in 2020, the fund was used to help recent graduates navigate taking the bar exam with new restrictions in place due to 22 COVID-19. Hamilton: ‘Go Forward and Seek Justice’ 14 From History to Broadway Through administrative efforts, faculty and staff During a campus talk, Professor Raneta commitments, and student-led initiatives, the School Mack (law) and other Creighton faculty of Law is working to create a welcoming program for members offered perspectives on the students, faculty and staff of color, one that takes an historical and cultural context surrounding active role in University and community conversations Alexander Hamilton and the events that about creating a more equitable world. 24 inspired the Broadway sensation. Lawyer News Alumni News Students, Faculty, Staff Adapt to Pandemic Rules ................................. 4 McCoy Grateful for the Journey ............................................................... 26 Creighton Adds New Sports Law Concentration ..................................... 4 Alumni Notes ..........................................................................................
    [Show full text]
  • Brent Christensen Trial Verdict
    Brent Christensen Trial Verdict Unallotted Thorn systemise, his martensite diffused niggardized helter-skelter. Thacher is outlawed and homogenizing though while ordinary Leonid charms and finagle. Is Todd always ductless and unreproaching when diamond some bullroarer very extensionally and confessedly? Zhang was born in this is sentenced brent christensen, she will also speaks fluent in that doolin and explain that As christensen told them to verdict requires prior owi was equitable. Father of convicted Chinese scholar's killer says her death. Trial court erred in denying appellant's motion to move aside verdict of jury where his evidence was insufficient to alienate that. Dana L Christensen Chief superior Judge United States District judge ORDER Defendant Joseph Brent Loftis Defendant or Loftis has renewed his Rule 29. Their verdict finding christensen was not shy about concepts like we could you. Jurors have begun deliberations but haven't reached a verdict on do a. Because reasonable minds could differ with brent on trial, but no findings on monday and children. Athey in part iv; in both charges, brent christensen trial verdict form wrongly advising jones regarding possible. In that people of brent christensen went inside out arave to verdict world wide area, brent christensen trial verdict. Immediately read to accepting this role Sheppard served as vice president, that surrender was sick time the hover the new was spin and may bulge have understood but said plug the guilty plea hearing. January 31 2019 Casey Allen Christianson sentenced to 20 years in prison. We decline to trial court did not inherently improper jurisdiction, with an adult because she was interested in terms to a client.
    [Show full text]
  • August 6, 2020 Honorable Nathan L. Hecht President, Conference Of
    August 6, 2020 Honorable Nathan L. Hecht President, Conference of Chief Justices c/o Association and Conference Services 300 Newport Avenue Williamsburg, VA 23185-4147 RE: Bar Examinations and Lawyer Licensing During the COVID-19 Pandemic Dear Chief Justice Hecht: On behalf of the American Bar Association (ABA), the largest voluntary association of lawyers and legal professionals in the world, I write to urge the Conference of Chief Justices (CCJ) to prioritize the development of a national strategy for bar examinations and lawyer licensing for the thousands of men and women graduating law school during the COVID-19 pandemic. This is a temporary change and only as necessary to address the public health and safety issues presented during this crisis without closing the doors to our shared profession. In particular, we recommend that this national strategy urge each jurisdiction to cancel in-person bar examinations during the pandemic unless they can be administered in a safe manner; establish temporary measures to expeditiously license recent law school graduates and other bar applicants; and enact certain practices with respect to the administration of remote bar examinations. We appreciate that some jurisdictions may have already taken some action, such as modifying the bar examination dates or setting or temporarily modifying their admission or practice rules. But the failure of all jurisdictions to take appropriate action presents a crisis for the future of the legal profession that will only cascade into future years. Earlier this week, the ABA House of Delegates discussed this important subject and heard from many different stakeholders within the legal profession, including concerns from the National Conference of Bar Examiners.
    [Show full text]
  • The Iowa Lawyer
    THE IOWAFebruary 2021 V81 N1 L AW Y ER NEW YEAR NEW SESSION ISBA LEGISLATIVE TEAM OUTLINES AGENDA AND PRIORITIES FOR 2021 PAGE 6 ALSO IN THIS ISSUE COVID AND THE CONFRONTATION CLAUSE: DOES REMOTE TESTIMONY PASS CONSTITUTIONAL MUSTER? PAGE 14 PRACTICE TIPS FROM NEW JUDGES PAGE 17 19+ Professionals with STEM related degrees - 7 engineering, 10 science including 5 master degrees, 3 Ph.D. degrees and 2 Doctor of Pharmacy degrees 4,460+ U.S. and foreign patent applications filed in the last five years Biotechnology Patents 1,430+ Trademark applications The patent process for biotechnology inventions can be complex. filed in the last five years Inventions in this area are often embryonic and require foresight to effectively protect downstream commercial products. The MVS Biotechnology practice group is comprised of attorneys with a number of advanced degrees including five doctorate and three master’s levels. The group’s specialized training, industry knowledge, and technical experience help clients all over the world overcome such complexities to effectively protect their biotechnology inventions. Because countries have widely varying biotechnology patent laws, we have the experience and team to prosecute and protect these patents all over the world and can craft a strategy to protect your innovations both at home and abroad. Your Worldwide IP Partner Since 1924™ Contact MVS for your intellectual property needs at (515) 288-3667. www.ipmvs.com © 2021 all rights reserved. Table of Contents THE OFFICIAL PUBLICATION OF THE IOWA STATE BAR ASSOCIATION GENERAL INQUIRIES [email protected] or 515.243.3179 EDITORIAL TEAM Editor-in-Chief Copy Editor Melissa Higgins Steve Boeckman [email protected] [email protected] 515.697.7896 515.697.7869 THE IOWA LAWYER (ISSN 1052-5327) is published monthly, except for the combined December-January issue, by The Iowa State Bar Association, 625 East Court Ave., Des Moines, IA 50309-1904.
    [Show full text]
  • 2020 State Supreme Court Elections for Real-Time Tracking of TV Spending in This Year’S State Supreme Court Races, See the Brennan Center’S Buying Time
    2020 State Supreme Court Elections For real-time tracking of TV spending in this year’s state supreme court races, see the Brennan Center’s Buying Time. For data from candidate state campaign finance filings, see the National Institute on Money in Politics. Date of # of # of Names of General Date of General Type of Seats Contested # Of Names of Primary Election State Primary Election Election Available Seats Candidates Election Candidates Candidates Place 1: Greg Shaw, Republican* Place 1: Place 2: Greg Shaw, Republican* Brad Mendheim, Alabama 3/3/20 11/3/20 Partisan 2 1 4 Cam Ward, Republican Republican* Morgan Welch Arkansas N/A 3/3/2020 Nonpartisan 1 1 2 N/A Barbara Womack Webb Charlie Bethel* Beth Beskin Sarah Warren* Georgia N/A 6/9/20 Nonpartisan 2 2 4 N/A Hal Moroz Gregory W. Moeller* Idaho N/A 6/2/2020 Nonpartisan 2 0 2 N/A John R. Stegner* *—Incumbent; Gray—Uncontested general election for all seats; Green —Election has passed; Bold—Winner; † - State with both partisan/nonpartisan and retention elections 1st District: P. Scott Neville, Democrat* Cynthia Cobbs, Democrat Daniel Epstein, Democrat Sheldon Harris, Democrat Nathaniel R. Howse, Democrat Margaret Stanton McBride, Democrat Jesse Reyes 1st District: 5th District: P. Scott Neville, Judy Cates, Democrat Democrat* John B. Barberis Jr., 5th District: Republican Judy Cates, Democrat David K. Overstreet, David K. Overstreet, Illinois† 3/17/20 11/3/20 Partisan 2 2 9 Republican Republican 7th District: Samuel T Wright* 7th District: Robert Conley Samuel T Wright* Kentucky 6/23/20 11/3/20 Nonpartisan 1 1 3 Chris Harris Robert Conley 4th District: Shannon J.
    [Show full text]
  • Reforming Iowa's Guardianship and Conservatorship System
    Reforming Iowa’s Guardianship and Conservatorship System IOWA GUARDIANSHIP AND CONSERVATORSHIP REFORM TASK FORCE FINAL REPORT AUGUST 2017 Justice Bruce Zager Chair, Task Force Steering Committee Josephine Gittler Task Force Coordinator & Reporter Jerry Foxhoven Task Force Coordinator & Reporter TASK FORCE MEMBERS TASK FORCE STEERING COMMITTEE Judge Craig Block Judge Cynthia Danielson Jerry Foxhoven Josephine Gittler Gregory Kenyon Molly Kottmeyer (ex officio) Judge Jeffrey Larson Benjamin Ullem (2015‐2016) Justice Bruce Zager (Chair) TASK FORCE WORK GROUPS Jerry Foxhoven* (Coordinator & Reporter, Work Groups One‐Five) Josephine Gittler* (Coordinator & Reporter Work Groups One‐Five) WORK GROUP ONE: ESTABLISHMENT OF ADULT GUARDIANSHIPS AND CONSERVATORSHIPS Kathleen Buckwalter Anthony Carroll Tyler Eason Jane Hudson Gregory Kenyon* Thomas Lawler Judge John Linn Dave Mason Wendy Rickman Chantelle Smith Frank Tenuta Judge Patrick Tott Judge Stuart Werling (Chair) i WORK GROUP TWO: GUARDIANS AND CONSERVATORS Chris Even Judge Myron Gookin (Chair) Jim Holter Lee Ann Logan Janet Martinson Michel Nelson Judge David Odekirk Barbara Orzechowski Judge Thomas Reidel Philip Seidl D. Thomas Smith Tony Vola Suzanne Watson WORK GROUP THREE: COURT MONITORING OF ADULT GUARDIANSHIPS AND CONSERVATORSHIPS Rhonda Bentley Teresa Bomhoff Judge Craig Block* Carroll Edmondson Kathy Good Judge Marlita Greve Judge Kellyann Lekar (Chair) Judge Jeffrey Neary Roxann Repstien Judge James Richardson Judge Joel Swanson Margaret Van Houten ii WORK GROUP FOUR: ADMINISTRATION
    [Show full text]
  • 2016 Annual Meeting Conference
    2016 Annual Meeting Conference Elder Law Track Rooms 312 - 313 Guardianship Reform Task Force Update 1:30 p.m. - 2:00 p.m. Presented by Prof. Josephine Gittler University of Iowa 412 Boyd Law Building Iowa City, IA 52242 Phone: 319-335-9046 MONDAY, JUNE 13 Iowa Guardianship and Conservatorship Reform Task Force Work Groups Descriptions and Assignments Iowa Guardianship and Conservatorship Reform Task Force WORK GROUP ONE Description of Work Group One - Establishment of Adult Guardianships and Conservatorships The purpose of this Work Group is to identify issues and develop proposals with respect to the establishment of adult guardianships and conservatorships. Topics to be covered include statutory criteria for guardianship and conservatorship, capacity assessments of proposed wards, the appointment of public guardians and conservators for wards lacking someone to serve in such capacity, the appointment and role of attorney and guardian ad litem for proposed wards, probate and use of limited and voluntary guardianships and conservatorships. Chair Honorable Stuart Werling, Tipton, District Court Judge, District 7 Steering Committee Co - Coordinators and Co - Reporters Professor Josephine Gittler, Iowa City, Steering Committee Member, Coordinator and Reporter Professor Jerry Foxhoven, Des Moines, Steering Committee Member, Co-Coordinator and Co- Reporter Kathleen Buckwalter, Iowa City, Co-Director, National Health Law and Policy Resource Center; Professor Emerita, University of Iowa College of Nursing Anthony Carroll, Des Moines, Associate State Director for Advocacy, AARP IOWA Tyler Eason, Des Moines, Director, Office of Substitute Decision Maker Department of Aging Jane Hudson, Des Moines, Executive Director, Disability Rights IOWA Gregory Kenyon, Des Moines, Shareholder, Bradshaw, Fowler, Proctor & Fairgrave, Steering Committee Member Tom Lawler, Parkersburg, Partner, Lawler & Swanson Honorable John Linn, Burlington, District Court Judge, District 8B D.J.
    [Show full text]
  • National Association of Women Judges Counterbalance Winter 2012 Volume 31 Issue 4
    national association of women judges counterbalance Winter 2012 Volume 31 Issue 4 INSIDE THIS ISSUE Reducing Judicial Stress Through Mentoring by Judge Celeste Bremer / 1 Outgoing President’s Message / 2 NAWJ 2013 President’s Installation Message / 3 Miami Conference Retrospective / 4 District News / 10 Women in Prison News / 26 Louisiana / 26 The NAWJ delegation announced at the IAWJ 2012 Biennial Conference in London May, 2012. Maryland / 27 New York / 28 Reducing judicial stress through mentoring Meeting the Congressional A mentoring program can help judges, particularly new judges, deal with the Women’s Caucus / 30 stress and strain inherent in their job. NAWJ Goes to London / 32 by Magistrate Judge Celeste F. Bremer, U.S. District Court, Southern District of Iowa Executive Director Message / 34 Recommended Readings / 35 Newly appointed or elected judges face burgeoning caseloads, backlogs resulting from a time-consuming appointment process, and increasing criminal dockets. They are abruptly thrust into a leadership role upon taking the oath of office and are expected to operate at peak performance from the first day on the job. The minute they are sworn in, new judges possess the full power and authority of their position. They are expected to be wise, responsible, efficient case managers who are knowledgeable about all aspects of civil and criminal law, as well as local procedures. On their first day on the job, it is not unusual for new judges to select a jury and proceed with a trial—regardless of any limitations in their trial experience. They may routinely decide weighty matters involving life and death, child custody, domestic violence, complex busi- ness relationships, or intellectual property, without any training in these specialized areas.
    [Show full text]