Obtaining legal guardianship in Iowa can be a complex legal process. However, ensuring the overall well-being and best interests of a child or incapacitated adult is imperative. Legal guardianship grants an individual the authority to make decisions on behalf of another person, or “ward.” An experienced family law attorney can help you understand how to obtain legal guardianship in Iowa.
Whether you are seeking guardianship of a child or an adult, understanding the legal steps necessary is crucial to your success.
What Is Legal Guardianship?
Legal guardianship is a court-appointed role that grants a person the legal authority to make decisions or care for another individual – usually a minor or incapacitated adult. Guardianship is granted as a way to protect vulnerable individuals and ensure their needs are met on all levels.
- Guardianship of a Minor: This generally occurs when the child’s parents are unable or unwilling to care for the child. Circumstances could include illness, incarceration, poverty, or even death.
- Guardianship of an Incapacitated Adult: This applies to adults who cannot make decisions for themselves due to mental or physical disabilities, advanced age, or incapacitation.
A guardian’s job is to ensure the ward’s basic needs are met, such as food, shelter, and medical care. Guardians may also be responsible for managing the ward’s financial matters, if applicable.
Types of Guardianship in Iowa
The State of Iowa offers several different guardianship arrangements. Understanding each type and which fits your situation is the first step when petitioning for guardianship of another person.
- Full Guardianship: This gives a person full guardianship or responsibility over the ward’s personal and financial matters, if necessary.
- Limited Guardianship: The guardian’s responsibilities in a limited guardianship are restricted to specific areas, such as healthcare decisions or financial management.
- Temporary Guardianship: This short-term arrangement temporarily gives guardianship over the ward, usually in an emergency situation.
- Standby Guardianship: This level allows the guardian to step in to care for the ward in the aftermath of a serious event, such as the incapacitation of the parent or their death.
Steps for Obtaining Legal Guardianship in Iowa
There are certain steps to the process of how to obtain legal guardianship in Iowa.
- Determine the Need: Before pursuing guardianship, it’s important to assess the needs of the ward and what’s in their best interests. You may be better suited to an alternative, such as getting power of attorney or taking on informal caregiving.
- File a Petition for Guardianship: To begin the legal process of filing for guardianship, file a petition with the district court in the county where the ward resides. The petition should include your relationship to the ward, the reasons for needing a change in guardianship, and information about the ward’s current living situation and needs.
- Notify all Parties: In Iowa, you are legally obligated to notify all parties, such as family members and the ward themselves, of the guardianship proceedings. Transparency allows for others to voice any concerns or objections to the change in guardianship.
- Attend a Court Hearing: During the scheduled court hearing, the judge will evaluate evidence, hear testimonies from involved parties, and determine what works in the best interest of the ward. Necessary evidence proves that the ward cannot manage their personal or financial affairs and that guardianship is necessary for the ward’s well-being.
- Complete Evaluations: In some cases, the court may require medical or psychological evaluations of the wards. Iowa law also requires the proposed guardian to pass a criminal background check prior to receiving guardianship.
Once the court approves the petition, the guardianship order goes into effect. The court order will outline the guardian’s responsibilities and their scope of authority over the ward.
FAQs
Q: How Do I File for Guardianship in Iowa?
A: To file for guardianship in Iowa, you begin by filing a petition with the district courts in the county where the child lives. Once the petition is filed, the notice is served to the child’s parents. If the parents will allow the guardianship transfer, you can file an Affidavit of Parental Consent and attend a court hearing. To receive guardianship, you must pass a criminal background check.
Q: How Do I Get Guardianship Without Going to Court?
A: You may be able to obtain temporary guardianship without going to court. A power of attorney agreement between you and the child’s parents legally authorizes you to take temporary guardianship of a child and make decisions on the child’s behalf in medical or legal settings. However, permanent guardianship requires court approval.
Q: What Is the New Guardianship Law in Iowa?
A: The new guardianship law in Iowa allows the court system to appoint a guardian capable of making decisions for a person who cannot take care of themselves. This law aims to protect the rights of those with cognitive or physical limitations. This new law also requires a person to pass a criminal background check prior to receiving guardianship. The guardian must also attend necessary court hearings.
Q: How Do You Get Someone To Be Your Legal Guardian?
A: When you want someone to be your legal guardian, you must file a petition with the courts outlining why you have chosen this person, what makes them suitable for the role, and the reason for needing a guardian. After the petition for guardianship is filed, the courts can approve or deny the appointed person to assume guardianship over you.
Q: Can You Contest Guardianship in Iowa?
A: Yes, you can legally contest guardianship in Iowa. If you disagree with the need for guardianship or believe the proposed guardian is unfit to hold responsibility over the ward, you must present sufficient evidence to the court to support the claim. Contesting the guardianship proposal is open to anyone with a vested interest in the situation, including the ward. An experienced family law attorney can help you navigate this dispute.
Contact a Family Law Attorney Today
If you’re seeking guardianship over a minor or incapacitated adult, contact the skilled family law attorneys at Stange Law Firm, PC, to walk you through the complex legal proceedings. We can provide the support you need to ensure the well-being and safety of your intended ward.
