How Do I Get Guardianship of a Minor in Iowa?
Full Question:
Answer:
It is possible to give a power of attorney for care of a minor by private agreement or to file a petition in court to establish a guardianship. A temporary guardianship or standby guardianship may be created for a minor. A parent or other person having physical and legal custody of a minor may file a petition for a guardianship. The standby guardianship petition would instruct the court to act only if a particular event, or condition of mental or physical health, occurs. I suggest calling the local clerk of courts to inquire about the timeframe for a guardianship case, it is a longer and more involved process than creating a power of attorney, and carries greater responsibilities.
Please see:
http://www.state.ia.us/ddcouncil/Guardianship%20pdfs/01%20What%20is%20Guardianship%20and%20Conservatorship.pdf
http://standbyguardianship.org/national/ia.asp
http://caselaw.lp.findlaw.com/data2/iowastatecases/app/7-444.pdf
Please see the following Iowa statutes:
633.552 Petition for appointment of guardian.
Any person may file with the clerk a verified petition for the
appointment of a guardian. The petition shall state the following
information so far as known to the petitioner.
1. The name, age and post office address of the proposed ward.
2. That the proposed ward is in either of the following categories:
a. Is a person whose decision-making capacity is so impaired that the
person is unable to care for the person's personal safety or to attend to
or provide for necessities for the person such as food, shelter, clothing,
or medical care, without which physical injury or illness might occur.
b. Is a minor.
3. The name and post office address of the proposed guardian, and that
such person is qualified to serve in that capacity.
4. That the proposed ward is a resident of the state of Iowa or is
present in the state, and that the ward's best interests require the
appointment of a guardian in this state.
5. The name and address of the person or institution, if any, having the
care, custody or control of the proposed ward.
633.558 Appointment of temporary guardian.
A temporary guardian may be appointed, but only after a hearing on such
notice, and subject to such conditions, as the court shall prescribe.
633.560 Appointment of guardian on a standby basis.
A petition for the appointment of a guardian on a standby basis may be
filed by any person under the same procedure and requirements as provided
in sections 633.591 to 633.597, for appointment of standby conservator,
insofar as applicable. In all proceedings to appoint a guardian, the court
shall consider whether a limited guardianship, as authorized in
section 633.635, is appropriate.
