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In the Matter of the Guardianship and Conservatorship of Robert Hites, Jr.. IA Guardianship/Conservatorship
The ward in this guardianship action was found by a Lincoln, NE, police officer in the state capitol declaring incoherently that he wanted to speak to the governor. Instead, a Nebraska court involuntarily committed him to a hospital where he was diagnosed with paranoid schizophrenia. During his treatment, his parents in Story County, IA, petitioned to be appointed guardians and conservators. He returned to Iowa to live with them, and they obtained insurance coverage and took him to a mental-health provider for treatment and medication management.
The trial court appointed a guardian or conservator under Iowa Code 633.3(23). Judge Bethany J. Currie found that he did not take his medications and was unable to work. He believed that a cult implanted a cyborg device in his brain as a child and was trying to raid his organs. He didn't believe he had any mental health issues and thought the medications were unhealthy for him. He planned to keep living with his parents, but he wanted to make the final decisions.
The ward then appealed to the Iowa Court of Appeals. After reviewing the evidence, the appeals court agreed with the lower court's conclusions and affirmed.
No. 19-0007 (Iowa Ct. App. Sept. 11, 2019).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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