610 N.W.2d 844 (Iowa 2000), 97-2053, Birkhofer ex rel. Johannsen v. Brammeier

Docket Nº:97-2053.
Citation:610 N.W.2d 844
Party Name:Elizabeth BIRKHOFER, By and Through Her Guardian and Conservator, Michael V. JOHANNSEN, Director of Muscatine Community Services, Appellee, v. James Birkhofer, Joni Birkhofer, and First National Bank of Muscatine, Defendants, and Marilyn BRAMMEIER, Appellant.
Case Date:April 26, 2000
Court:Supreme Court of Iowa
 
FREE EXCERPT

Page 844

610 N.W.2d 844 (Iowa 2000)

Elizabeth BIRKHOFER, By and Through Her Guardian and Conservator, Michael V. JOHANNSEN, Director of Muscatine Community Services, Appellee,

v.

James Birkhofer, Joni Birkhofer, and First National Bank of Muscatine, Defendants,

and

Marilyn BRAMMEIER, Appellant.

No. 97-2053.

Supreme Court of Iowa

April 26, 2000.

Rehearing Denied May 31, 2000.[*]

Page 845

Dennis A. Bjorklund, Coralville, for appellant.

John E. Wunder, Muscatine, for appellee.

Considered en banc.

LAVORATO, Justice.

Elizabeth Birkhofer conveyed a farm to her son, James Birkhofer. Elizabeth's guardian and conservator brought an action to void the conveyance. The suit named James, his wife, Joni, and a bank that held a mortgage against the farm. Elizabeth's daughter, Marilyn Brammeier, objected to a settlement agreement the parties had reached. The district court ruled Marilyn had no standing to object to the agreement. We agree and affirm.

On May 5, 1993, Elizabeth executed a will, leaving her entire estate to her son, James. She left nothing to her other two children, Judy Nesbit and Marilyn. On November 30, 1993, Elizabeth conveyed to James a 250-acre farm without consideration.

In July 1996 the University of Iowa Hospitals and Clinics diagnosed Elizabeth with Alzheimer's disease. On July 23 Marilyn filed a petition for involuntary appointment of a guardian and conservator for Elizabeth and asked that she be appointed as Elizabeth's guardian and conservator. James also filed a petition to be appointed guardian and conservator.

On October 18 the guardian ad litem appointed for Elizabeth filed a report in which the guardian ad litem rejected both Marilyn and James as guardian and conservator. The guardian ad litem rejected both children because they had been found responsible for the adult abuse of their mother for failing to provide adequate care for her. Additionally, the guardian ad litem had concerns about the management of Elizabeth's financial affairs by family members. The guardian ad litem recommended Michael V. Johannsen of Muscatine County Community Services be appointed as guardian and conservator. The court appointed Johannsen as guardian and conservator on October 22.

On February 27, 1997, Johannsen filed a lawsuit against James and Joni to void the conveyance of the 250-acre farm to James. Johannsen filed the...

To continue reading

FREE SIGN UP