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Beatty & Miller News

Guardianships and Conservatorships

guardianship and conservatorship, elder law, estate planning

I have written previously in this Blog regarding the use of Medical Power of Attorneys and Financial Power of Attorneys. One of the benefits of the Health and Financial Powers is that in many cases they can be used to avoid setting up a formal Guardianship and Conservatorship with the Court. The Guardian makes medical and social decisions for the Ward and also decides on where the Ward will reside. The Conservator handles the Ward’s property and finances. Either an individual or a bank may act as a Guardian or Conservator. Guardians and Conservators are required to file annual reports

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New Laws Pertaining to First-Time Homebuyer Savings Accounts

new real estate laws for first time home buyers

A new law was recently signed by the Governor which authorizes tax-preferred First-Time Homebuyer Savings Accounts beginning in the year 2018.  Under the law, when an individual sets up a FTHSA account, he or she may exclude from their Iowa adjusted gross income yearly deposits of $2,000.  Married taxpayers who file a joint return may exclude up to $4,000.00 a year if the money is deposited into a joint FTHSA.  Any interest earned on a FTHSA account, will not be included in a taxpayer’s income. At the time that the FTHSA is opened, an individual can designate a sole beneficiary. 

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Iowa Uniform Fiduciary Access to Digital Assets Act

laws about digital assets iowa

On April 20, 2017, Governor Branstad signed the Iowa Uniform Fiduciary Access to Digital Assets Act which is codified in Chapter 638 of the Iowa Code.  The Act broadly defines “digital asset” to mean any electronic record in which an individual has a right or interest.  However, the term “digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record and the term “digital asset” does not include health information or individually identifiable health information as those terms are defined in the Federal Health Insurance Portability and Accountability Act of 1996. 

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Dismissal of Des Moines Waterworks Lawsuit

des moines water works ruling

The lawsuit filed by the Des Moines Waterworks against the drainage districts in three Northwest Iowa Counties has been followed extensively in the press.  The case which deals with the issue of how to deal with the levels of nitrates in the State’s drinking water was filed in the United States District Court for the Northern District of Iowa.  The Federal District Court Judge certified four questions to the Iowa Supreme Court in order to clarify issues of Iowa law raised in the lawsuit.  The Iowa Supreme Court issued a ruling finding that Iowa law has immunized drainage districts from

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Administration of Small Estates

estate planning lawyer west des moines iowa

Chapter 635 of the Iowa Code sets forth a provision dealing with the administration of small estates.  In order to qualify for a small estate, the gross value of the probate assets of a decedent must not exceed $100,000.00.  Probate assets do not include life insurance proceeds and retirement plan benefits if such items pass by designation of beneficiary form.  The provisions for fees for the personal representative and the attorney for the estate are different from the regular probate provisions set out in Chapter 633 of Iowa Code.  Under the small estate statute, the fees for the personal representative

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Understanding Continuation of Restrictive Covenants

restrictive covenants

Many residential developments (homes, condos and townhomes) have restrictive covenants which set out restrictions regarding the use of properties located in the development.  Most restrictive covenants set forth the term of years that the restrictive covenants will be in effect.  As set out below, such terms do not always apply to restrictive covenants that are also “use restrictions”. Chapter 614.24 of the Iowa Code was initially adopted in 1965 and provides for the termination of all “use restrictions” on a property after a period of 21 years.  The term “use restrictions” has never been defined in the Code until the

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Facts About Organ Donation

organ donation, register as organ donor, iowa donor network, beatty & Miller pc

My blog articles for the past two months have dealt with Power of Attorneys for Health Care Decisions and Living Wills.  Both documents contain a paragraph dealing with organ donation.  If you check yes, you are indicating that in the event medical professionals determine that you are an organ donor, you agree to the use of life-sustaining procedures, including a ventilator for the sole purpose and time period required to complete the organ donation.   It is my experience that many clients who come to my office to discuss estate planning have not considered the option of becoming an organ

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Benefits of Power of Attorney for Health Care Decisions

power of attorney des moines iowa

Last month I discussed in detail Living Will documents which are used to insure the rights and desires of terminally ill or comatose individuals are honored.  This month I will focus on Powers of Attorney for Health Care Decisions and how they work with Living Wills.  If a person is unable to make health care decisions and does not have a Power of Attorney for Health Care Decisions, it is necessary to file a Petition for Appointment of Guardian with the Iowa District Court to appoint a Guardian to make health care decisions and decisions as to where the individual

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Everything You Need To Know About Living Wills

living wills, senior medical care, do not resuscitate

Iowa law allows for individuals to execute Living Wills to insure that the rights and desires of terminally ill or comatose individuals are honored.  The document takes the decision making burden away from your family members.  Your physician will make sure your desires are accomplished.  Pursuant to the Living Will, you direct your physician to withhold life-sustaining procedures in the event you have an incurable or irreversible condition that will result in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery.

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