"Special" Exemptions from Filing Guardianship Reports: Only in Montgomery County

On February 10, 2003, XXXXX XXXXX obtained guardianship of Irene Johnson. Like everything else that has transpired in our Grandmother's case, this was all done secretly and without any notification whatsoever. No family members were informed of this, and we only discovered the guardianship when searching through Court Records under our Grandmother's name in June of 2003. We also discovered that the Court approved this request for Guardianship only a couple hours after receiving the request, without any investigation into the circumstances of the case or whether XXXX XXXXX was capable of responsibly serving in that capacity.

Once again, the court system failed in investigating the psychological abuse and isolation that was taking place. Apparently, our Grandmother did not even have to show-up in Court, so this guardianship was granted without even an assessment of her physical and mental condition. Nor was there any assessment of XXXX XXXXX's capacity to serve as guardian. All that happened was the law firm submitted papers, and the judge immediately approved them. This is apparently the way the legal system operates in Montgomery County.

According to Iowa Law, guardians are required to submit an annual report. We specifically requested a copy of all reports or filings in the case. However, when February 2004 had passed, we never received any guardianship report, and a search of Court Records during April revealed that there was NO guardianship report filed NOR was there any notification of delinquency under the records. Even as of August, two months after our Grandmother's passing, there has still been NO guardianship report filed NOR was there a delinquency notice sent out from the court office.

Apparently, in Montgomery County, Iowa, one doesn't need to abide by Iowa Laws when serving as guardian, especially if one is working with the law firm of the county attorney. We know of other people who serve as guardians in other Iowa counties who are required to go into much detail in providing reports to the Court, and they are required to submit their reports on time. However, in Montgomery County, people who serve as guardians appear to have no responsiblities whatsover, and are not even notified when the reports are delinquent. This indifference to Iowa Law on the part of local officials in this case is highly problematic. They are essentially allowing XXXX XXXXX to do whatever he pleases and without any accounting.

 

Iowa Law: Responsibilities of Guardianships in Iowa

Iowa Law: Guardianship Reports