In the Matter of the Conservatorship of Alda Haravon


IN THE COURT OF APPEALS OF IOWA No. 20-0501 Filed April 14, 2021 IN THE MATTER OF THE CONSERVATORSHIP OF ALDA HARAVON, LESLEA HARAVON COLLINS, Petitioner-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge. A petitioner in a conservatorship proceeding appeals the district court’s award of attorney fees to an individual who opposed the conservatorship following the court’s dismissal of the petition. AFFIRMED. Steven E. Ballard and Emma C. Henry of Leff Law Firm, L.L.P., Iowa City, for appellant. Alison Werner Smith of Hayek, Moreland, Smith & Bergus, L.L.P., Iowa City, for appellee Alda Haravon. Joseph W. Younker and Janice J. Kerkove of Bradley & Riley PC, Cedar Rapids, for appellee Anita Haravon. Considered by Mullins, P.J., and May and Schumacher, JJ. 2 SCHUMACHER, Judge. Leslea Haravon Collins, who filed a petition requesting appointment of herself as conservator for her mother, Alda Haravon, appeals the district court’s award of attorney fees to her sister, Anita Haravon, who opposed the conservatorship. Leslea asserts two issues on appeal. First, she argues her sister is not a proper party to obtain attorney fees, and even if her sister is a proper party, the trial court abused its discretion in ordering her sister’s fees be paid from Alda’s assets. Secondly, Leslea argues her mother’s power of attorney did not authorize her sister to unilaterally incur attorney fees on her mother’s behalf. We conclude the district court properly determined Alda should pay Anita’s attorney fees incurred defending against the proposed conservatorship after dismissal of Leslea’s petition. We affirm the decision of the district court. I. Background Facts & Proceedings Alda was born in Romania in 1928. She lived in France and Switzerland before immigrating to the United States. Her husband, Aristide, passed in 2009.1 They have two daughters, Leslea and Anita. The last will and testament of Aristide created the Alda Haravon Credit Shelter Trust, which is administered under New York law. Anita and Leslea are current co-trustees. Alda is the sole lifetime 1Both Aristide and Alda are Holocaust survivors. Aristide, like Alda, was born in Romania. Prior to arriving in the United States, Aristide was forced into a labor camp. The Hebrew Immigrant Aid Society later sponsored him to come to New York City to “work in the Bronx as a nurse.” Aristide trained as a physician in Europe and later established a successful practice as a cardiologist in the States. Prior to moving to the United States, Alda was an art buyer in Switzerland. She spoke five languages and tutored children once in the States. Alda lived in Pleasantville, New York, until 2010, when she moved to Iowa to be closer to Leslea’s family. At the time of this trial, Alda was ninety years old and resided in a nursing home in Iowa. 3 beneficiary of the trust. After Alda’s death, the trust assets are to be divided equally between Leslea and Anita.2 Leslea lives in Iowa, and Anita lives in New York. On November 8, 2010, …

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