guardianship

In Iowa, one can petition the court to appoint a guardian for a minor or for an adult. 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.

Flanagan Law Group can help you navigate through the process of guardianship whether for a child, a senior, or disabled individual.

A court appointed guardian is an individual who has been granted legal authority by an Iowa court to care for and take responsibility for another individual who is unable to legally take care of herself and make decisions or is incapacitated and unable to care for herself and make decisions.

Any 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. 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. 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. The Court may appoint more than one person wishes to serve in that capacity as co-guardians. There is no statutory limit on the number of co-guardians that can serve, but Iowa does not recommend more than two.  

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.