Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult a qualified attorney for advice about your specific situation.
Detailed Answer
In Iowa, guardianship and conservatorship protect an adult who can no longer manage personal or financial affairs. Guardianships address personal care; conservatorships oversee assets. Both follow procedures under Iowa Code chapter 633.
- Choose the Right Proceeding
Decide whether you need guardianship (personal decisions) or conservatorship (financial matters). You may petition for one or both. - Prepare and File the Petition
Draft a petition including the proposed ward’s name and address, your relationship, reasons for incapacity, and requested powers. File it in the county probate court where the ward resides. See Iowa Code chapter 633: §633. - Serve Notice
Within five days of filing, serve copies of the petition and notice of hearing to the proposed ward, spouse, adult children, parents, or siblings. See Iowa Code §633.554 for service requirements. - Obtain a Medical Evaluation
Court rules require a physician’s or psychologist’s sworn report on the ward’s mental and physical condition. The report must state if the person lacks sufficient understanding or capacity to make decisions. See Iowa Code §633.635. - Attend the Court Hearing
At the hearing, present evidence of incapacity, the proposed plan of care, or asset management. The judge may question witnesses, including the ward and medical evaluator. If the judge finds clear and convincing evidence of incapacity, they will appoint a guardian or conservator. - Post a Bond (If Required)
Conservators typically must post a bond to ensure faithful performance as fiduciaries. The court may waive or reduce the bond requirement under Iowa Code §633.557. - Receive Letters of Appointment
Once appointed, you receive “Letters of Guardianship” or “Letters of Conservatorship,” authorizing you to act on behalf of the ward. - Ongoing Reports
Guardians and conservators file annual reports accounting for care decisions and financial transactions. Failure to report can result in removal. See Iowa Code §633.574.
Helpful Hints
- Start early: Guardianship can take several months.
- Gather medical records: A detailed evaluation speeds up the process.
- Consider alternatives: Power of attorney or health care directives may be less restrictive.
- Keep detailed records: Track all decisions and transactions for annual reporting.
- Communicate with family: Transparency reduces conflicts and objections.
- Consult an attorney: A lawyer can help draft petitions, navigate court procedures, and avoid delays.