Page 2

Tom said the plan was that eventually Dad would be discharged from the rehab hospital. My brothers would then tell him he had to go to a nursing home that provided physical therapy to get him stronger before returning home. Somehow they theorized if they just kept telling him he needed more physical therapy he would just get used to being in the nursing home and accept being there.

Now, regarding my Mom, my brothers were assuming (very soon after Dad’s fall) that Mom would be at home alone in their big house; would eventually get so scared of being there alone that she would want to join my Dad at the nursing home. My immediate thought was “you f_ _ _ ing jerk – you want to scare your elderly mother into a nursing home”.

To back up a bit, a day or two after my parents agreed to and signed the petitions for the voluntary guardianship / conservatorship, I went to the courthouse and got copies of the petitions; did some research confirming that my parents had given up all their rights to their possessions and to where and how they would live. I gave the copies to my parents; had them read the petitions; explained to them what the petitions meant; and asked if that was what they wanted. They said “…absolutely not. We just needed someone to pay our bills while Dad is in the hospital.” I asked them did they fully read and understand the petitions; did attorney Greg Kenyon or, any of my brothers clearly explain to them what they were doing. They said no. I asked them if they had ever read the petitions before signing them. My Dad said “well I skimmed it over and I just trusted Tom and Greg Kenyon (who Dad and Mom had only met briefly once previous) that I was getting someone to legally pay my bills.” My Mom said “no, I didn’t read it – I just signed it because papa (i.e. Dad) signed his and Tom told me to sign mine.”

So, now knowing what they had done and the consequences – they wanted out of the guardianship / conservatorship. On or about October 14, 2008, I arranged for my Mom to informally meet with Judge Klotz to tell her she wanted out of the guardianship / conservatorship. On that day as she and I got ready to go see Judge Klotz (my Mom needed a ride to the courthouse) my brothers Bob and Mark showed up at her house  to physically prevent me from taking her to the courthouse which to my knowledge (under Iowa law and under a voluntary guardianship) Mark could not legally do. I didn’t let Mark into the house. He eventually left with Bob. I predicted they would be at the courthouse so, I had to arrange for a deputy to escort my Mom to the judge’s chambers. When we got in the judge’s chambers, all my brothers were there plus attorney Greg Kenyon. So much for an informal (and I presumed confidential) meeting.

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