This gives the appointed attorney-in-fact the authority to make decisions regarding a broad range of future medical decisions, such as care, treatment and healthcare services. In Iowa, an adult can appoint another competent adult as their power of attorney for health care if a guardianship is more restrictive than necessary for the protected person. An example of a least-restrictive method to help an incapacitated adult make decisions, includes a durable power of attorney. Due to this, the law requires that the Court consider the “least restrictive alternative”, or the alternative that allows the protected person to remain as independent as possible, before a guardianship is approved. They are also costly, since they require court appearances and orders. Guardianships take away all of a protected person’s decision-making authority. Guardianship vs Power of Attorney in Iowa It is possible for one person to be appointed as guardian and conservator of the same protected person. In a conservatorship, a conservator is appointed to handle the protected person’s property and other financial affairs. In a guardianship, the court appoints a guardian to make decisions about the protected person’s personal affairs, such as where the protected person lives, medical care and other non-financial decisions. The guardian may petition the Court to become a guardian themselves, to appoint someone else as a guardian for another person, or may petition the court on their own behalf to have someone appointed as their guardian. There is no statutory limit on the number of co-guardians that can serve, but Iowa does not recommend more than two. The Court may appoint more than one person wishes to serve in that capacity as co-guardians. However, it is possible for Iowa to appoint a guardian that is out-of-state for good cause or if a resident of Iowa is also appointed. Iowa prefers to appoint guardians that also reside in Iowa with the protected person, so that they can stay abreast of the protected person’s condition. Who Is Eligible to Become a Guardian in Iowa?Īny competent adult who has not been convicted of a serious crime and is a legal resident of the United States is eligible to become a guardian in Iowa. For more information specifically about guardianship of an adult in Iowa, visit How to File for Guardianship for a Disabled Adult in Iowa. The court will conduct a comprehensive evaluation, complete with assessments from medical or behavioral specialists, a review of the protected person’s social history or the results of an intelligence test before making their decision on whether a guardian should be appointed.įor more information about the types of court-appointed guardianships in Iowa, check out our article Iowa Court Appointed Guardians | Iowa Guardianship Explained (). Regardless of the cause, a guardian may be appointed for an adult who is either partially or fully incapable of making sound decisions regarding their own well-being or financial affairs. The adult can become incapacitated due to a sudden accident or physical disease. The most common type of guardianship in Iowa, however, is for an incapacitated adult. However, there are some circumstances under which a minor may need a guardian, including: the parents both provide written consent relinquishing custody of the child the parents are deemed incapable of providing for the child or the parents have previously compromised the child’s safety, etc. In the case of a minor, if one or more of the biological parents are alive and capable of taking care of the minor protected person, it can be difficult to prove to the court the necessity of a guardian. In Iowa, one can petition the court to appoint a guardian for a minor or for an adult. Post-Hearing Requirements of a Guardian.Guardianship vs Power of Attorney in Iowa.Guardianship vs Conservatorship in Iowa.Who Is Eligible to Become a Guardian in Iowa?.Have you considered pursuing guardianship over an adult or minor in Iowa, but are not sure where to begin? In this article we will discuss everything there is to know regarding guardianship in Iowa, including:
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