In the Matter of the Guardianship and Conservatorship of Stanley Wayne Worthington

CourtCourt of Appeals of Iowa
DecidedMay 27, 2026
Docket25-0606
StatusPublished

This text of In the Matter of the Guardianship and Conservatorship of Stanley Wayne Worthington (In the Matter of the Guardianship and Conservatorship of Stanley Wayne Worthington) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Matter of the Guardianship and Conservatorship of Stanley Wayne Worthington, (iowactapp 2026).

Opinion

IN THE COURT OF APPEALS OF IOWA _______________

No. 25-0606 Filed May 27, 2026 _______________

In the Matter of the Guardianship and Conservatorship of Stanley Wayne Worthington Stanley Wayne Worthington, Appellant/Cross-Appellee, v. Cynthia Goro and John Worthington, Appellees/Cross-Appellants. _______________

Appeal from the Iowa District Court for Black Hawk County, The Honorable Melissa Anderson-Seeber, Judge. _______________

AFFIRMED AS MODIFIED _______________

D. Raymond Walton and Kate B. Mitchell of Beecher, Field, Walker, Morris, Hoffman & Johnson, P.C., Waterloo, attorneys for appellant.

Anne K. Wilson of Anne K. Wilson Law Office, PLLC, Cedar Rapids, attorney for appellees. _______________

Considered without oral argument by Greer, P.J., Schumacher, J., and Doyle, S.J. Opinion by Greer, P.J.

1 GREER, Presiding Judge.

Cynthia Goro and John Worthington,1 with the support of their other siblings, petitioned for their appointment as co-guardians and co- conservators of their ninety-three-year-old father, the protected person.2 After a contested hearing over two days, the district court determined that the protected person required the assistance of a conservator through a limited conservatorship and a guardian for his care. The district court appointed the petitioners as limited co-conservators and as co-guardians. The protected person appeals the ruling of the district court. Pointing to the failure to show any medical or mental-health frailty, the protected person contends that he is capable of handling his own financial affairs and can meet his medical and other needs without the help of any person. In a cross- appeal, the petitioners appeal from the district court’s determination related to the limited conservatorship finding and the partial denial of their attorney fee award after the district court limited the fee to $7,500.

We find there was substantial evidence presented by the petitioners and they met their burden to show by clear and convincing evidence that the protected person requires a guardianship and a conservatorship, and we find the limited conservatorship was appropriate based on the evidence provided. Finally, we award legal fees of $11,039 to the Trent Law Firm and $1,909.50 to Anne Wilson.

1 Unless referencing John or Cynthia individually, we will refer to them collectively as the “petitioners.” 2 Out of respect for this individual’s privacy, we refer to him throughout this opinion as the “protected person.”

2 I. Background Facts and Proceedings.

Believing the protected person might revoke the June 2021 medical and financial powers of attorney that he had signed, the petitioners filed a petition to establish both a conservatorship and a guardianship. During the evidentiary hearings in this matter, several people testified, including the petitioners, the protected person, and the director of the skilled nursing assisted living facility where the protected person lives. Cynthia testified to her observations of cognitive decline in the protected person, which was most pronounced in his ability to regulate. Concerns about his eviction from an assisted living facility were also raised, given that some of the issues leading to the eviction involved inappropriate sexual comments to staff. Both petitioners also testified that the protected person’s memory was starting to fail. All parties agreed that the protected person has mobility limitations and requires the use of a walker or a wheelchair.

As for the assets involved, without explanation for the “business” reasons, the protected person’s ex-wife, who he continued to live with until her death in June 2024, received the majority of the couple’s assets when they divorced in 1983. Those assets are held in trust and were used by the couple for their living expenses until the ex-wife passed away. Now, only the protected person benefits from the trust earnings. The petitioners are the co-trustees. The protected person also retained exclusive control over his approximately $3,000 monthly social security benefits, and he used those funds to pay other bills and make other personal purchases, such as eating out or paying for a transportation service.

Prior to his ex-wife’s death, the couple lived in an independent living unit, but they received a notice of intent to terminate their occupancy because the protected person’s behavior had become inappropriate and abusive to

3 staff. The notice described that the protected person’s outbursts were “grow[ing] more severe, profane and disruptive.” Other inappropriate behaviors were noted as well that made staff increasingly uncomfortable.

After that eviction, the couple moved into separate apartments at an assisted living community, but the protected person experienced a serious health issue requiring surgery and had to be relocated to a more intensive care placement while he recovered. In the meantime, his ex-wife passed away. As he recovered, the protected person was moved into a skilled nursing placement that he vehemently dislikes. He testified he intends to leave the current skilled nursing unit, move into an apartment, and hire his own caretakers.

The petitioners both testified that the protected person requires more medical care than he admits. Both petitioners also presented evidence about a caregiver that the protected person had used previously. This caretaker, L.A., initially worked for an agency that was retained to provide medical and other support to both the protected person and his ex-wife before her passing. Once that agency closed, the protected person continued to retain L.A., but the children did not know the details of the employment relationship. At the protected person’s current residence, his care is provided by nursing staff there, thus, the petitioners could identify no reason to pay L.A. for caretaking. The children became concerned after seeing checks that were written by L.A. for her benefit, signed by the protected person and drawn from his account. Other details were troubling. The protected person allowed L.A. to use the ex-wife’s car prior to her death, which upset the ex- wife. L.A. used the protected person’s debit card in Illinois, spending about $1,200, although the protected person contended he did not give her the debit card or provide her with his PIN. In April 2024, John, with the

4 protected person’s permission, reported this incident to the police. The police report noted that John stated, “It is hard to get the exact information as his story is slightly different each time I talk to my dad.” Ultimately, the protected person did not want to press the matter further. At the hearings, John characterized L.A.’s behavior as “elder abuse.”

A few months later, the children learned that the protected person and L.A. went to the credit union where on one occasion the protected person withdrew $2,317.06 from his account. Later that same month, they again came to the credit union together and withdrew $750 from his account.3 After this withdrawal, the credit union reported the incident to the police. Although L.A. is thirty-nine years old, she and the protected person reportedly rented a hotel room on this same date and entered the room between the two trips they made to the credit union. When they returned to the credit union to withdraw more money, they were met by an investigating police officer. The officer asked L.A. if she was the “caretaker of the male” and she answered, “I am.” When interviewed, the protected person told the police he needed the cash “for gas, going out to eat, and a hotel room.” He also indicated that L.A. had not been paid for her services.

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Related

Matter of Conservatorship of Rininger
500 N.W.2d 47 (Supreme Court of Iowa, 1993)
Matter of Conservatorship of Deremiah
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In the Interest of M.S., Minor Child, T.B.-w., Father
889 N.W.2d 675 (Court of Appeals of Iowa, 2016)
Anderson v. Anderson Tooling, Inc.
928 N.W.2d 821 (Supreme Court of Iowa, 2019)
In re the Guardianship of M.D.
797 N.W.2d 121 (Court of Appeals of Iowa, 2011)

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