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Rouse v. Iowa Deparment of Human Services12/13/2000
d from nonhousehold funds received from a nonhousehold member, the tortfeasor in Whittnie's personal injury action.
We agree with the district court's conclusion there are significant restrictions on Rouse's use of the conservatorship funds. In order to have legal access to the money in the account, Rouse, as conservator, must provide notice, request approval from the court, and then be subject to a hearing in the matter. See Iowa Code § 633.647. Rouse has limited powers as conservator absent an order from the district court. See Iowa Code § 633.646. In addition, Rouse, as conservator, is subject to upholding the fiduciary duties she owes to Whittnie as the ward of the conservatorship. See Iowa Code § 633.641. Therefore, the funds in Whittnie's conservatorship are not clearly available to Rouse's family. The district court correctly concluded the funds in the conservatorship are not accessible and should not be included when determining the family's eligibility for food stamps.
AFFIRMED.
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