Guardianship
Legal Information
Adult Guardianship and the Right to Communicate
A new Iowa law says that wards have the right to "communication, visitation, or interaction with other persons."
Affidavits
Affidavits are written statements that are sworn under oath. Sometimes affidavits are signed in front of a notary public.
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.
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.
Caring for Our Minor Children After We're Gone
As parents, we worry about our children, especially about things that we have no control over.
Conservators
A conservator takes care of the protected person's assets and income. A conservator's actions are reviewed by the court.
Definitions of Legal Terms in Guardianships and Conservatorships
The legal terms used in guardianship and conservatorship can be confusing.
Determining if Guardianship or Conservatorship is Necessary
It may be very difficult to decide if a guardianship or conservatorship is needed. Here are some things to consider.
Guardianship and Conservatorship in Iowa
Guardianship and conservatorship of adults are two options for substitute decision-making.
Guardianship Decisions Requiring Court Approval
Before taking certain actions, a guardian must get prior approval of the court.
Guardianship of an Adult Person: Powers, Duties, and Responsibilities
The court gives the guardian certain powers. Because of these powers, the guardian has duties to the protected person.
Guardians Making Decisions to Limit Medical Procedures
There may come a time when a guardian will have to decide about limiting life-sustaining medical procedures for the protected person.
Guardians' Medical Treatment Decisions
The court may give a guardian the responsibility of deciding what medical treatment the protected person will receive.
How to Set Up a Guardianship or Conservatorship
Here are the basic steps to set up a guardianship or conservatorship.
Modification and Termination of Guardianship and Conservatorship
Why modify a guardianship or conservatorship? When does a guardianship or conservatorship end?
Picking a Guardian or Conservator
A spouse, an adult child, or parent of the protected person can be a guardian or conservator. Others may also be able to fill that role.
Rights of Protected Persons in Guardianships
A guardian or conservator is appointed to make decisions for the protected person and protect the protected person's rights.
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.
Standards for Setting Up and Ending a Guardianship
In deciding whether a guardianship is needed, the court looks at a person's decision-making capacity. Here are some standards for setting up and ending a guardianship.
What is Guardianship and Conservatorship?
Guardianships and conservatorships are court cases that make a person or other entity (called the guardian or conservator) a decision-maker for another person (called the protected person).
What is "Notice" and How Is It Done?
When you file a case in court, you have to give the other person(s) notice. Here is some information on what notice is and how it can be done.
What Parents Need to Know about Becoming Their Child's Guardian or Conservator
The following are some answers to frequently asked questions parents have about guardianship or conservatorship.
What Should I Do If I Get Court Papers?
Most people are afraid when they get court papers. Here is some advice on the court system and what to do if you get court papers.
Which State Can Make Decisions about Guardianships and Conservatorships?
Iowa has the power to appoint a guardian or conservator if Iowa is the "home state" of the respondent to a guardianship or conservatorship petition.