George E. Struve, by Substitute Dianne Lawrence, Paul Struve, and Ronald Struve v. Perry Struve and Clayton Struve

930 N.W.2d 368
CourtSupreme Court of Iowa
DecidedJune 21, 2019
Docket18-0316
StatusPublished
Cited by21 cases

This text of 930 N.W.2d 368 (George E. Struve, by Substitute Dianne Lawrence, Paul Struve, and Ronald Struve v. Perry Struve and Clayton Struve) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
George E. Struve, by Substitute Dianne Lawrence, Paul Struve, and Ronald Struve v. Perry Struve and Clayton Struve, 930 N.W.2d 368 (iowa 2019).

Opinion

McDONALD, Justice.

At the heart of this case is an intrafamily dispute regarding farmland. Dianne Lawrence, Paul Struve, and Ronald Struve, as substitute petitioners for their father George Struve, filed a petition for relief from elder abuse pursuant to Iowa Code chapter 235F (2016). In their petition, they alleged their brother Perry Struve and his son Clayton Struve committed elder abuse against George. Specifically, the substitute petitioners contended Perry and Clayton unduly influenced George to enter into below-market-rate lease agreements to farm George's land, to gift some of George's land to Perry and Clayton, and to write a new will to reflect the gifted land. The substitute petitioners sought relief for the loss associated with those transactions. The district court denied the petition with respect to the challenged transactions, concluding chapter 235F was a summary proceeding and the substitute petitioners failed to establish their father was a "vulnerable elder" subject to "financial exploitation" within the meaning of chapter 235F. The substitute petitioners timely filed this appeal.

I.

The substitute petitioners first contend the district court erred in concluding they failed to prove an entitlement to statutory relief. We review the district court's decision de novo. In re Chapman , 890 N.W.2d 853 , 856 (Iowa 2017). This means we will decide anew the issues properly preserved for appellate review. In re Estate of Cory , 184 N.W.2d 693 , 695 (Iowa 1971). However, "we afford deference to the district court for institutional and pragmatic reasons." Hensch v. Mysak , 902 N.W.2d 822 , 824 (Iowa Ct. App. 2017). As such, we give weight to the district court's factual findings. Chapman , 890 N.W.2d at 856 ; Hensch , 902 N.W.2d at 824 .

To establish an entitlement to relief, the substitute petitioners were required to prove by a preponderance of the evidence their father was a vulnerable elder subject to elder abuse. See Iowa Code § 235F.5(1) (setting forth the burden of proof). A "vulnerable elder" is "a person sixty years of age or older who is unable to protect himself or herself from elder abuse as a result of age or a mental or physical condition." Id. § 235F.1(17). In Chapman , we held a petitioner must prove "(1) [t]he person [is] sixty years or older, and (2) is unable to protect himself or herself from elder abuse as a result of one of the following: (a) age, (b) a mental condition, or (c) a physical condition." 890 N.W.2d at 857 . The Code sets forth four categories of elder abuse, *372 including, as relevant here, financial exploitation. Iowa Code § 235F.1(5)( a )(1)-(4). Financial exploitation occurs

when a person stands in a position of trust or confidence with the vulnerable elder and knowingly and by undue influence, deception, coercion, fraud, or extortion, obtains control over or otherwise uses or diverts the benefits, property, resources, belongings, or assets of the vulnerable elder.

Id. § 235F.1(8).

The substitute petitioners contend age, standing alone, is sufficient to establish a person is a vulnerable elder. We disagree. It appears the challenged transactions occurred in August, September, and October of 2015. At the time, George was eighty-five or eighty-six years old. However, the Code and Chapman make clear the substitute petitioners were required to prove both that George was sixty years old or older at the time of the challenged transactions and that George was unable to self-protect due to one of the statutorily-specified causes-age, mental condition, or physical condition. 1 ibr.US_Case_Law.Schema.Case_Body:v1">See id. § 235F.1(17); Chapman , 890 N.W.2d at 857 . Absent proof of the inability to self-protect, the statute would encompass garden-variety legal claims involving persons age sixty or older. Such a result is overbroad in two respects: first, it creates a cause of action for persons outside the intended scope of the statute; second, it creates unintended legal exposure for persons who happen to be in a dispute with someone who is over the age of sixty but who is not otherwise a vulnerable elder.

In the alternative, the substitute petitioners argue they proved George was unable to protect himself at the relevant time due to his declining mental health. They rely primarily on a cognitive-function evaluation performed in October 2016 by neuropsychologist Dr. Daniel Tranel. Dr. Tranel diagnosed George with progressive dementia. Dr. Tranel reevaluated George one year later in October 2017. After that evaluation, Dr. Tranel concluded George's cognitive functioning was in continuing decline and George was not able to care for himself without support. Dr. Tranel provided a retrograde assessment and found George might have been mildly impaired at the time of the challenged transactions. In addition to Dr. Tranel's opinion, the substitute petitioners rely on the fact George changed his legal affairs and his estate plan on multiple occasions in 2015 and 2016. They contend the changes evidence George's inability to self-protect.

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Cite This Page — Counsel Stack

Bluebook (online)
930 N.W.2d 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-e-struve-by-substitute-dianne-lawrence-paul-struve-and-ronald-iowa-2019.