Guardianship in Iowa

What is guardianship?
Guardianship is a court-authorized relationship where one person (the guardian) makes personal care decisions for another (the ward) whose ability to make decisions is significantly impaired.

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Who qualifies for guardianship?
Adults whose decision-making capacity is impaired and who cannot provide for their own health, safety, or basic needs. Guardianship may also apply to minors. [Iowa Code 633.552]

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Are there alternatives?
Yes. Judges must first consider less-restrictive alternatives such as powers of attorney, supported decision-making, or advance directives. [Iowa Code 633.566]

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How is guardianship established?
A petition is filed with the court, notice is given to involved parties, a hearing is held, and a judge must find the guardianship necessary based on clear and convincing evidence.

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Types of guardianship:

• General (Plenary): Full authority for personal care decisions

• Limited: Authority only in specific areas

• Standby: Becomes effective if certain events occur

• Temporary: Short-term and time-limited
   

Guardian responsibilities include:

• Monitoring health and well-being

• Attending appointments and coordinating care

• Filing court reports: initial, annual, and final
   

What decisions require court approval?

• Changing the ward’s residence to a more restrictive setting

• Major elective or non-emergency medical procedures

• Withholding life-sustaining treatment

• Restricting visitors [Iowa Code 633.635]
   

What are a ward’s rights?
Unless limited by the court, a ward retains the rights to vote, marry, request guardianship termination, and be present at court proceedings.

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Conservatorship in Iowa

What is conservatorship ?

A court-appointed relationship where a conservator manages the financial affairs of someone unable to do so themselves.

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Who qualifies?
Adults with impaired capacity to manage financial decisions or minors. [Iowa Code 633.552]

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Alternatives include:
Bill pay services, powers of attorney, representative payees, or limited conservatorship. [Iowa Code 633.570]

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Types of conservatorship:

• General (Plenary)

• Limited

• Standby

• Temporary

• Foreign
   

Conservator responsibilities include:

• Managing assets and property

• Filing reports: inventory, annual, and final

• Acting in the ward’s best interest
   

Court approval is needed for:

• Investing funds

• Executing leases

• Applying income for dependents

• Settling legal claims

• Making elections/disclaimers on the ward’s behalf [Iowa Code 633.647]
   

Ward rights:
Wards retain the right to vote and make a will unless otherwise limited by the court.

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Power of Attorney 

What is a “durable” power of attorney?
It remains effective after the principal becomes disabled.
 

How do I know if my POA is durable?
It includes language such as: “This power of attorney shall not be affected by the disability of the principal.” [Iowa Code 633B.1]

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Legal Disclaimer

This FAQ is a general resource and does not cover every scenario. For advice related to your personal situation, please consult with an attorney experienced in guardianship or elder law. Neither PPI nor GAIN can provide legal counsel.