Explaining the Law and Providing Self-Help Information for Low-Income Iowans
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Frequently Asked Questions About Guardianship and Conservatorship
The following are the most frequently asked questions regarding guardianships and conservatorships.
By: Iowa Legal Aid
Determining if Guardianship or Conservatorship is Necessary
It may be very difficult to decide if a guardianship or conservatorship is needed. These questions and points to consider may help in making that decision.
By: Iowa Legal Aid
Alternatives to Guardianship and Conservatorship
Guardianship and conservatorship can be the most restrictive and costly options for substitute decision-making. Other alternatives may work as well or better.
By: Iowa Legal Aid
How to Set Up a Guardianship or Conservatorship
A discussion of the basic steps to set up a guardianship or conservatorship.
By: Iowa Legal Aid
Guardianship Of The Person
The court gives the guardian certain powers. Because of these powers, the guardian has duties to the ward.
By: Iowa Legal Aid
Conservator of the Estate
A conservator takes care of the ward?s property. A conservator?s actions are reviewed by the court.
By: Iowa Legal Aid
Attorney, Court, and Guardianship or Conservatorship Fees
There are costs associated with bringing a guardianship or conservatorship case. There are filing fees and other court costs as well as the fee of the attorney who prepares the case. If the ward has assets, the court can order payment from the ward. If there are no or very little assets, then the attorney?s fees and court costs must still be paid but there is no governmental source to pay for the costs.
By: Iowa Legal Aid
Guardianship Decisions Requiring Court Approval
Iowa law requires that before taking certain actions, a guardian must get approval of the court. These actions include agreeing to major elective surgery and restricting where the ward lives.
By: Iowa Legal Aid
Behavior Limit Interventions
Sometimes a person with a disability may have behaviors that are disturbing, disruptive, or even potentially harmful. What can be done?
By: Iowa Legal Aid
Modification and Termination of Guardianship and Conservatorship
Sometimes a conservator or guardian may need to get more powers from the court than when the conservatorship or guardianship was first set up. Sometimes the ward may get better and less powers are needed.
By: Iowa Legal Aid
Making Decisions to Limit Medical Procedures
There may come a time when a guardian will have to decide about limiting life-sustaining medical procedures. A guardian may find it helpful to think about how he or she will make these decisions before the situation becomes critical.
By: Iowa Legal Aid
Medical Treatment Decisions
The court may give a guardian the responsibility of deciding what medical treatment the ward will receive. The guardian must be sure that all decisions about medical treatment are given careful consideration. Each decision should be based on standards of informed consent.
By: Iowa Legal Aid
Rights of Wards: How Does a Guardian or Conservator Protect a Person?s Rights?
A guardian or conservator is appointed to make decisions for the ward and protect the ward?s rights.
By: Iowa Legal Aid
Picking a Guardian or Conservator
A spouse, an adult child or parent of the proposed ward can be a guardian or conservator. Others may also be able to fill that role.
By: Iowa Legal Aid
Resource Guide for Guardians and Conservators
Contact information for resources which may be able to assist with guardianship or conservatorship issues
By: Iowa Legal Aid
Guardianships for Children
Parents should consider all their options before agreeing to let someone else have a guardianship over their child. A guardianship may be hard to end and can last much longer than planned. A guardian has no legal obligation to allow the parents to visit unless it is ordered by a judge Also a child support action could be brought against the parents.
By: Iowa Legal Aid
Can the School Make Me Get a Guardianship in Order to Enroll Children I Am Taking Care Of?
Sometimes, parents are not able to take care of their kids. The parents may have died, or be ill, or absent. Often, grandparents, aunts, uncles and others help out. Sometimes, the substitute parents may have problems enrolling the children in school. The school may tell the substitute parents that they have to get a ?guardianship? over the children.
By: Iowa Legal Aid
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Changes to Iowa Guardianship Law
A 1995 case decided by the Iowa Supreme Court had a major impact on Iowa?s guardianship law.
By: Iowa Legal Aid
Standards and Principles of Substitute Decision-Making
It can be very difficult to make decisions for another person. Here are some ideas that might help make some of those decisions.
By: Iowa Legal Aid
Substitute Decision-Making
Competent individuals have the right to make all sorts of decisions about their lives. Examples are the right to decide about getting health care, and what kind of care to get. What does it mean to be competent and who makes decisions for someone who is not competent?
By: Iowa Legal Aid
What is Guardianship and Conservatorship?
Guardianship and conservatorship are court cases that make a person or sometimes a corporation (called the guardian or conservator) a decision-maker for another person (called the ward).
By: Iowa Legal Aid
What Parents Need to Know About Becoming Their Son?s or Daughter?s Guardian or Conservator
The following are the most frequently asked questions and answers parents have about guardianship or conservatorship.
By: Iowa Legal Aid
Definitions of Legal Terms
The legal terms used in guardianship and conservatorship can be confusing. These definitions give information about basic terms used in guardianship and conservatorship cases.
By: Iowa Legal Aid
The Iowa Legal Aid Website is a project of Iowa Legal Aid, the Volunteer Lawyer Projects of the Iowa State Bar and Polk County Bar Associations, and HELP Legal Assistance
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