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AARP Applauds House for Passing Two Bills to Better Combat Elder Abuse and Financial Exploitation PDF Print E-mail
News Releases - General Info
Written by Ann Black   
Friday, 28 March 2014 08:03

Des Moines, March 26, 2014 – AARP applauds today’s action by members of the Iowa House for their unanimous passage of much-needed uniform power of attorney legislation, Senate File 2168, a bill creating a Uniform Power of Attorney Act (UPOAA).  This vote follows yesterday’s House passage of legislation defining financial exploitation of a vulnerable elder, Senate File 2239.  AARP advocated for enactment of both measures to help curb the growing problem of elder financial abuse in Iowa. 

“We commend members of the Iowa House of Representatives for working through the complexities of the issue of elder abuse and coming up with two very strong bills to better protect vulnerable Iowans and their families from this growing problem,” said AARP State President Tony Vola. “AARP advocated passage of a Uniform Power of Attorney Act as the most important tool Iowa can use to combat the devastating problem of financial exploitation of elders. Together these bills give Iowans greater peace of mind with the assurance stronger protections against financial abuse and exploitation," said Vola.

Multiple national studies have found that financial exploitation is the most common and under-reported type of elder abuse, with estimates that one of every six adults over age 64 has been a victim of financial abuse.

A power of attorney is a legal document that allows someone to make decisions on behalf of someone else. A power of attorney document can be a useful tool in the event of future incapacity and can avoid the need for court appointment of a guardian or conservator. But power of attorney misuse and abuse can lead to dire consequences for the person it was meant to benefit.  

 

Many Iowans are fortunate to have a power of attorney agent who fulfills their responsibilities. This legislation addresses the unfortunate cases where an agent representing an older Iowan either fails to understand his or her responsibilities, misuses the power of attorney, or outright abuses the power of attorney, all of which hurt the individual and his or her family.

For the past two years, AARP Iowa has been active on the Iowa Elder Abuse Taskforce, working with state leaders, advocates and other organizations appointed by the Iowa General Assembly to study the issue of elder abuse in our state and recommend actions to combat it.  Passage of a strong Uniform Power of Attorney Act (UPOAA) was a consensus taskforce recommendation and a legislative priority of Iowa Bar Association. 

AARP urges the Iowa Senate to pass and the Governor to sign SF 2168 to more effectively address the growing problem of elder financial abuse in our state and help older Iowans and their families have the protections they need to take action against current and future abuse. 

# # #

AARP is a nonprofit, nonpartisan organization, with a membership of more than 37 million, that helps people turn their goals and dreams into real possibilities, strengthens communities and fights for the issues that matter most to families such as healthcare, employment security and retirement planning. We advocate for consumers in the marketplace by selecting products and services of high quality and value to carry the AARP name as well as help our members obtain discounts on a wide range of products, travel, and services.  A trusted source for lifestyle tips, news and educational information, AARP produces AARP The Magazine, the world's largest circulation magazine; AARP Bulletin; www.aarp.org; AARP TV & Radio; AARP Books; and AARP VIVA, a bilingual news source.  AARP does not endorse candidates for public office or make contributions to political campaigns or candidates.  The AARP Foundation is an affiliated charity that provides security, protection, and empowerment to older persons in need with support from thousands of volunteers, donors, and sponsors. AARP has staffed offices in all 50 states, the District of Columbia, Puerto Rico, U.S. Virgin Islands. Morewww.aarp.org

 
Recent Amendments to the Iowa Court Rules PDF Print E-mail
News Releases - General Info
Written by Iowa Judicial Branch   
Friday, 28 March 2014 07:59

March 26, 2014 ---Chief Justice Cady has signed an order adopting self-represented litigant forms for disestablishing the legal parent status of a party to a dissolution of marriage with children.  The forms will be contained in Iowa Court Rule 17.200 as part of the set of self-represented litigant family law forms for dissolutions of marriage with children.  Form 212 is the Joint Statement on Legal Parent, and form 213 is the Motion to Disestablish Legal Parent.

In the Matter of Chapter 17 of the Iowa Court Rules and Self Represented Litigant Forms for Disestablishing Legal Parent
Order (354 kb)
Form 212: Joint Statement on Legal Parent (501 kb)
Form 213: Motion to Disestablish Legal Parent (504 kb)
In the Matter of Amendments to Iowa Court Rules Regulating Student Practice (March 21, 2014)
Order (29 kb)
Rule 31.15 Student Practice Rule (152 kb)
OPR Memo Re: Amendment of Student Practice Rule (65 kb)
In the Matter of Amendments to Iowa Court Rules Regulating Continuing Legal Education (March 21, 2014)
Order (28 kb)
Chapters 41 and 42 (176 kb)
OPR Memo Re: Distance Education Changes as Adopted (65 kb)
In the Matter of Adoption of New Chapter 17 Forms for Applications to Modify Child Support in the Iowa Court Rules (March 6, 2014)
Order (406 kb)
Rule (127 kb)
Forms (1451 kb)
Guide (492 kb)
In the Matter of Chapter 17 of the Iowa Court Rules and Adoption of New Forms for Dissolutions of Marriage with Children (December 19, 2013)
Order (79 kb)
Divorce Forms for Self Represented Litigants With Minor Children (4394 kb)
Guide to Representing Yourself in an Iowa Divorce Case with Minor Children (543 kb)
Chapter 17 of the Iowa Court Rules (153 kb)
In the Matter of Amendments to Division III of the Court Rules Regarding the Client Security Trust Fund (November 26, 2013)
Order (160 kb)
Office of Professional Regulation Memorandum (118 kb)
Chapter 39 and 40 (141 kb)
In the Matter of Adoption of New Forms for Dissolutions of Marriage with no Minor Children (November 6, 2013)
Order (60 kb)
Divorce Forms for Self Represented Litigants With No Minor Children (2415 kb)
Guide to Representing Yourself in an Iowa Divorce Case with no Minor Children (445 kb)
In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (October 22, 2013)
Supervisory Order (66 kb)
Rules 16.302, 16.320, 16.701 (132 kb)
In the Matter of the New Rule of Juvenile Procedure (October 16, 2013)
Juvenile Procedure 8.36
Order (125 kb)
Rule 8.36 (253 kb)
Standards of Practice (309 kb)
In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (August 22, 2013)
Effective immediately
Order (25 kb)
Chapter 31, Admission to the Bar (214 kb)
In the Matter of Adoption of Clarifying Comments (June 13, 2013)
Iowa Rule of Professional Conduct 32:1.13
Effective immediately
Order (61 kb)
In the Matter of Iowa Court Rules New Chapter 26 (June 4, 2013)
Rules for Installment Payment Plans and Other Court Collection Activities
Effective July 1, 2013
Order (253 kb)
Chapter 26 (294 kb)
In the Matter of Amendments to Iowa Court Rules Chapter 9 (May 9, 2013)
Child Support Guidelines
Effective July 1, 2013
Order (69 kb)
Chapter 9, Child Support Guidelines (2035 kb)
Child Support Guidelines Review Committee Final Report (2595 kb)
In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)
The Iowa Supreme Court has approved rules governing electronic appellate processes. The rules, to be contained in the Chapter 16 court rules pertaining to EDMS, are prospective only. The court will announce an effective date for the rules and for implementation of electronic filing in the appellate courts at a later date.
Order (63 kb)
In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)
The Iowa Supreme Court has amended the rules of appellate procedure contained in chapter 6 of the Iowa Court Rules and has rescinded and rewritten the rules governing the organization and procedures of appellate courts contained in Chapter 21 of the Iowa Court Rules. 
Effective May 3, 2013
Order (74 kb)
Chapter 6 and Chapter 21 (116 kb)
In the Matter of Adoption of an Emeritus Pro Bono Practice Rule (March 1, 2013)
The Iowa Supreme Court has adopted an emeritus pro bono practice rule (Iowa Court Rule 31.19) that encourages retired or retiring Iowa attorneys, including attorneys licensed in other states, to provide volunteer legal services on behalf of legal aid organizations serving low income persons in Iowa.
Effective immediately
Order and Rule Amendments (323 kb)
In the Matter of New Rule of Civil Procedure (December 6, 2012)
The Iowa Supreme Court has approved the addition of rule 1.1702 to the Iowa Rules of Civil Procedure providing a uniform process for interstate depositions and discovery.
Supervisory Order (157 kb)
In the Matter of Amendments to the Iowa Court Rules (November 8, 2012)
Forms Regarding Appointment of Counsel 
Temporarily adopting the attached forms, effective immediately. Forms permanently take effect January 7, 2013.
Supervisory Order and Forms Regarding Appointment of Counsel (294 kb)
In the Matter of Iowa Court Rule 31.16 (Sept. 13, 2012)
Registration of House Counsel
Effective immediately
Order (49 kb)
Chapter 31 (272 kb)
In the Matter of Standard Forms of Pleadings for Small Claims Actions (Sept. 13, 2012)
Chapter 3 of the Iowa Court Rules -- Form 3.27:Verification of Account
Effective immediately
Order (90 kb)
Chapter 3, Form 3.27 (45 kb)
In the Matter of Amendments to the Iowa Court Rules Governing Lawyer Advertising (August 28, 2012)
Effective January 1, 2013
Order and Chapter 32 (1114 kb)
In the Matter of Amendments to Iowa Court Rules 35.17 and 42.1 (August 24, 2012)
Effective immediately
Order, Rule 35.17 and 42.1 (66 kb)
In the Matter of Amendment of Iowa Court Rule 35.1 (August 24, 2012)
Effective immediately
Order, Rule 35.1 (56 kb)
In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (July 13, 2012)
Effective immediately
Order, Rule 31.11(3), and OPR change to rule 31.12 (119 kb)
In the Matter of Chapter 13 of the Iowa Court Rules (July 5, 2012)
Supervisory Order, Chapter 13 (516 kb)
In the Matter of Chapter 13 of the Iowa Court Rules (June 29, 2012)
Order, Chapter 13 and Forms (1418 kb)
In the Matter of Amendments to Rules of Appellate Procedure (May 21, 2012)
6.1005 Regarding Frivolous Appeals and Withdrawal of Counsel (Including Related Changes to Other Rules)
Effective immediately
Order (147 kb)
Rule 6.1005 (194 kb)
In the Matter of Standard Forms of Pleadings for Small Claims Actions (May 7, 2012)
Chapter 3 of the Iowa Court Rules is rescinded effective July 1, 2012, and revised Chapter 3 is adopted. Until July 1, 2012, parties may use either the current pleadings forms or the new pleadings forms.
Order (129 kb)
Chapter 3 -- Small Claims forms (711 kb)
In the Matter of Amendments to Iowa Court Rules Regulating the Practice of Law (May 2, 2012)
Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam. 
Amended effective immediately
Nunc Pro Tunc (59 kb)
OPR Rules Revisions (Strikethrough version) (4618 kb)
OPR Rules Revisions (Final version) (396 kb)
In the Matter of Amendments to Iowa Court Rule 32:7.4 (March 12, 2012)
The Court adds Veterans Law to the list of fields of practice and specialization.
Order (80 kb)
Iowa Courts Rules
The Chief Justice has signed a supplemental order specifying the effective date of the amendment to Rule 41.3(2)
Supplemental Order (35 kb)
Iowa Court Rules (February 20, 2012)
Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam. 
Amended effective immediately
Order (183 kb)
Amendments (10043 kb)
Summary of Amendments (87 kb)

 
Gov. Branstad to sign House File 2427 into law Wednesday PDF Print E-mail
News Releases - General Info
Written by Office of the Governor of the State of Iowa   
Wednesday, 26 March 2014 11:03

(DES MOINES) – Gov. Terry E. Branstad will sign House File 2427 into law Wednesday, March 26, 2014, at 2:15 p.m. The signing comes on the same day the Iowa Corn Growers Association holds their day on the hill.

The following bill signing is open to credentialed members of the media:

Wednesday, March 26, 2014

2:15 p.m. Gov. Branstad signs House File 2427 into law

Governor’s Formal Office

State Capitol

Des Moines, IA

House File 2427: an Act relating to corn promotion, including special referendums, the assessment of a checkoff, and the creation of a task force, and making penalties applicable.

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Inventor-Mom's Breakthrough Wrap-E-SootheTM Products Ease Suffering for Millions of Children with Eczema, End Parents' Frustration PDF Print E-mail
News Releases - General Info
Written by Ann McVey   
Wednesday, 26 March 2014 08:28

AD RescueWear Garments Simplify Application of Wet Wrap Therapy for Weary Parents

DENVER—Denver-based AD RescueWear, LLC, now offers in the U.S. and worldwide a complete line of innovative Wrap-E-SootheTM wet wrap garments that soothe the skin of children with eczema and are quickly and easily applied by parents or other caregivers.

AD RescueWear is the first and only U.S. company to manufacture and sell ready-to-wear wet wrap therapy garments for the treatment of childhood eczema. Wrap-E-Soothe products are now available in the U.S. through McKesson Medical-Surgical.

Eczema is the most common chronic skin disorder in infants and children worldwide, afflicting up to 20% of children in the U.S. and as many as 6.4 million children under 7. Historically, wet wrap therapy options have entailed wrapping a child with wet gauze bandages, a cumbersome and time-consuming process now eliminated by Wrap-E-Soothe products.

AD RescueWear's founder is inventor-mom Beth Scott, who vividly remembers the anguish of watching her four-month-old son suffer from eczema. "He would scratch until he bled, and no one in the family could sleep because he was up all night," Scott said. After an allergist diagnosed Scott's son with eczema and a full-body staph infection, doctors recommended wet wrap therapy, proven a safe and effective treatment.

Scott also remembers the frustration of tackling this type of treatment. "I was told to wrap my son in wet gauze or clothing and tape wet socks on his hands and feet," says Scott. "Imagine doing that to an itchy, irritable and wriggling child. The process took an hour each time."

Scott set out to find a better way, starting with prototypes she made at her kitchen table. "The results of wet wrap therapy can be amazing, but the process is so time-consuming," says Scott. "I wanted to design a product that would simplify this therapy for my son and the millions of other children who suffer from eczema, and simplify the lives of their parents as well."

AD RescueWear's Wrap-E-Soothe products represent a breakthrough in comfort and relief for children with eczema and convenience for the millions of parents who struggle to apply wet wrap therapy. The product line includes the Wrap-E-Soothe Suit, a full-body suit for children ages six months to three years; Wrap-E-Soothe Tops and Bottoms designed for four- and five-year-olds; and Wrap-E-Soothe Sleeves for problem areas on hands, arms, legs, feet, and ankles.

"Wrap-E-Soothe products are simply moistened by the caregiver and then slipped onto the child," Scott describes. "The Wrap-E-Soothe Suit can wrap a child's body in less than two minutes. Wrap-E-Soothe Sleeves can be applied to arms, legs, hands, and feet in under 30 seconds. And built-in fold-over hand covers prevent kids from scratching."

Traditional wet wrap therapy involves covering the inflamed area with wet dressings to hydrate the skin and prevent scratching. According to the American Academy of Dermatology, benefits include a decrease in staph bacteria (staphylococcus aureus) found on the skin, and reduced redness and inflammation. Wet wrapping also rehydrates dry skin, lessens itching, and promotes restful sleep.

Pediatric allergist Paul M. Ehrlich, M.D., clinical assistant professor of pediatrics at New York University School of Medicine and past president of the New York Allergy and Asthma Society, now recommends Wrap-E-Soothe products to his patients.

"I find wet wrap therapy using Wrap-E-Soothe clothing a wonderful way of treating and managing atopic dermatitis in children," says Dr. Ehrlich. "This hydration method helps dampen the pruritus (itchiness) of the skin and lessen the use of expensive corticosteroid creams and ointments. It adds immeasurably to overall treatment."

Jenny Horman, an Iowa mom whose son suffers from eczema, agrees. "The whole process of applying creams and getting my son into his Wrap-E-Soothe Suit took less than two minutes—including putting on his pajamas," said Horman. "When I took my son out of his crib the next morning and undressed him, I was amazed at how soft his skin was. I was thrilled."

"His eczema spots were much less noticeable if at all there," says Horman. "This suit gives him the upper hand in his battle with eczema."

Symptoms of eczema, also known as atopic dermatitis, include thickened, cracked, or scaly skin with intense itching. Scratching the rash can make it even itchier and cause more inflammation. Once the skin barrier is broken, skin can become infected by bacteria which live on the skin, especially staph. Itching makes falling asleep difficult and also causes night-waking, so sleep deprivation is common for children with eczema and their parents. This in turn affects family relationships and performance at school and at work.

Wrap-E-Soothe products are made with 94% TENCEL®/lyocell, a fully sustainable fiber made from eucalyptus pulp that is free of hazardous chemicals. Not only is it one of the softest fabrics available, it is smoother and more breathable than cotton, with excellent cooling and thermo-regulating properties. A small amount of spandex is added to the fabric for easy dressing and a close fit to optimize wet wrap therapy. Children love the feel of the super-soft fabric of the Wrap-E-Soothe products on their irritated skin.

Wrap-E-Soothe products can also be worn dry as anti-itch undergarments to soothe irritated skin and prevent scratching. The garments are reusable and machine-washable, which makes them more convenient and economical than gauze.

About AD RescueWear

Beth Scott, founder of AD RescueWear, is the mother of child with eczema. Beth developed Wrap-E-SootheTM wet wrap garments and launched her company after her experience with the cumbersome process of wet wrap therapy. AD RescueWear is the first and only U.S. company to manufacture and sell ready-to-wear wet wrap therapy garments for the treatment of childhood eczema/atopic dermatitis. Available for purchase online and through retailers in the United States, Canada, the United Kingdom, Ireland, and Denmark, Wrap-E-Soothe products are designated as Class 1 medical devices by the U.S. Food and Drug Administration. Patents are pending. More information is at www.adrescuewear.com.

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Gov. Branstad takes action to increase accountability, openness and transparency in employee settlements PDF Print E-mail
News Releases - General Info
Written by Office of the Governor of the State of Iowa   
Wednesday, 26 March 2014 08:27

Administration releases all employee settlements since January 14, 2011; Ensures openness by making all settlements public moving forward; Ends troubling use of confidentiality agreements in personnel settlements; Increases accountability by requiring additional review

 

(DES MOINES) – Gov. Terry E. Branstad today announced the signing of Executive Order 85 to increase accountability, openness and transparency of employee settlements.

Speaking from the administration’s weekly press conference, Branstad said, “After a thorough review, the facts show employees were not terminated based on political affiliation. I am troubled and disappointed by the use of confidentiality agreements. This practice of keeping information from the taxpayers is unacceptable and wrong.”

Branstad continued, “I’ve signed Executive Order 85 today to ensure the executive branch operates in a transparent manner, ending the use of these confidentiality agreements, increasing accountability, and making employee settlements readily available for taxpayer viewing online.”

Executive Order 85 does the following:

  • ACCOUNTABILITY: No state agency may enter into a settlement agreement on behalf of the state unless the personnel settlement agreement is reviewed by the Attorney General’s Office; and

o   For an agency not governed by the Board of Regents, the Director of the Department of Management; Director of the Department of Administrative Services and the head of the agency involved with the matter at issue each approve the settlement agreement in writing; or

o   For an institution governed by the Board of Regents, the executive director of the Board of Regents and the head of the institution involved with the matter at issue each approve the settlement agreement in writing.

  • OPENNESS: No personnel settlement agreements shall contain any confidentiality provisions.
  • TRANSPARENCY: Every final personnel settlement agreement shall be posted to the Department of Administrative Services or Board of Regents website in a location easily accessible to the public.

Executive Order 85 is not intended to supersede any law or collective bargaining agreement. The settlement agreements can be found on the Iowa Department of Administrative Services website under the “News & Information” heading titled “Settlement Agreements.”

“Governor Branstad and I are steadfastly committed to transparent government,” said Reynolds. “Executive Order 85 ends the misguided practice of using confidentiality agreements, and gives the Iowa taxpayers an opportunity to view settlements while being guaranteed the agreements are facing increased scrutiny and oversight.”

Gov. Branstad and Lt. Gov. Reynolds asked staff to gather and review the facts after learning of the use of the confidentiality agreements. After a review of the facts of the agreements, Governor’s Office chief of staff Matt Hinch, legal counsel Brenna Findley and Iowa Department of Management director David Roederer found the following:

The text of Executive Order 85 is as follows:

Executive Order Number Eighty-Five

WHEREAS, Transparency provides Iowans the necessary access to information to hold our government accountable; and

WHEREAS, Our Open Records Act is essential to ensuring openness, including settlement agreements (Iowa Code section 22.13); and

WHEREAS, Our administration has maintained a steadfast commitment to transparent government, and the use of confidentiality agreements within employee settlements is troubling and runs contrary to our priority of operating state government in an open manner.

NOW, THEREFORE, I, Terry E. Branstad, Governor of the State of Iowa, declare that accountability, openness and transparency are essential to the efficient operation of state government and in the best interest of taxpayers.  I hereby order and direct that:

1.      Accountability: No state agency may enter into a personnel settlement agreement on behalf of the state unless the personnel settlement agreement is reviewed by the Attorney General, or his or her designee; and

a.       For an agency not governed by the Board of Regents: the director of the Department of Management, director of the Department of Administrative Services and the head of the agency involved with the matter at issue each approve the personnel settlement agreement in writing; or

b.      For an institution governed by the Board of Regents: the executive director of the Board of Regents and the head of the institution involved with the matter at issue each approve the personnel settlement agreement in writing.

c.       In the event that subsection 1(a) or (b) is not consistent with a collective bargaining agreement, the relevant head of agency or institution, director, executive director and attorney general designee will be provided with regular reports of personnel settlement agreements.

2.      Openness: No personnel settlement agreement shall contain any confidentiality provision that attempts to prevent disclosure of the agreement itself.

3.      Transparency: Every personnel settlement agreement shall be posted to the Department of Administrative Services or Board of Regents website in a location easily accessible to the public.

4.      For purpose of this Order, the following definitions shall apply:

a.       “Agency" means a unit of state government, which is an authority, board, commission, committee, council, department, or independent agency as defined in section 7E.4, including but not limited to each principal central department enumerated in section 7E.5 and the office of the governor.  However, "agency” does not mean any of the following:

i.      The office of an elective constitutional or statutory officer, other than the office of the governor.

ii.      The general assembly, or any office or unit under its administrative authority.

iii.      The judicial branch, as provided in section 602.1102.

iv.      A political subdivision of the state or its offices or units, including but not limited to a county, city, or community college.

b.      “Personnel Settlement Agreement” means an agreement with the State of Iowa, subject to Iowa Code section 22.13, to resolve a personnel dispute including but not limited to settlement of grievances (excluding those resolved at step one).

5.      This Order shall apply prospectively as of the date of the signing of this Order. This Order shall be interpreted in accordance with all applicable laws.  It is not intended to supersede any law or collective bargaining agreement.

6.      If any provision of this Order, or the application of such provision to any person or circumstance, is held to be invalid, the remaining provisions, as applied to any person or circumstance, shall not be affected thereby.

7.      This Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the State of Iowa, its Departments, Agencies, or Political Subdivisions, or its officers, employees, or agents, or any other person.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of Iowa to be affixed.  Done at Des Moines this 24th day of March, in the year of our Lord two thousand fourteen.

 
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