Title VI, HUMAN SERVICES (Ch. 216 - 255A)

1. A petition alleging that a minor is in need of a conservatorship is not subject to this chapter . Such proceedings shall be governed by chapter 633 and may be initiated pursuant to section 633.557 . 2. A petition for the appointment of a guardian for a minor and a petition for…

The rules of civil procedure shall govern guardianship proceedings concerning a minor who is alleged to be in need of a guardianship except as otherwise set forth in this chapter . 2019 Acts, ch 56, §6, 44, 45

1. The court may appoint a guardian for a minor who does not have a guardian if all parental rights have been terminated. 2. The court may appoint a guardian for a minor in a child in need of assistance case pursuant to section 232.101A , 232.103A , or 232.104 . 2019 Acts, ch 56,…

1. The court may appoint a guardian for a minor if both parents are deceased. 2. In appointing a guardian for a minor whose parents are deceased, the court shall give preference to a person, if qualified and suitable, nominated as guardian for a minor by a will that was executed …

1. The court may appoint a guardian for a minor if the court finds all of the following: a. The parent or parents having legal custody of the minor understand the nature of the guardianship and knowingly and voluntarily consent to the guardianship. b. The minor is in need of a gu…

1. The court may appoint a guardian for a minor without the consent of the parent or parents having legal custody of the minor if the court finds by clear and convincing evidence all of the following: a. There is a person serving as a de facto guardian of the minor. b. There has …

1. Proceedings for guardianship pursuant to this chapter may be initiated by the filing of a petition by any person with an interest in the welfare of the minor. 2. The petition shall list, to the extent known, all of the following: a. The name, age, and address of the minor who …

1. The filing of a petition shall be served upon the minor who is the subject of the petition in the manner of an original notice in accordance with the rules of civil procedure governing such notice. Notice to the attorney representing the minor, if any, is notice to the minor. …

1. Upon the filing of a petition for appointment of a guardian pursuant to section 232D.301 , the court shall appoint an attorney for the minor, if the court determines that the interests of the minor are or may be inadequately represented. 2. An attorney representing the minor s…

Upon the filing of a petition for appointment of a guardian, the court shall appoint an attorney for the parent identified in the petition if all of the following are true: 1. The parent objects to the appointment of a guardian for the minor. 2. The parent requests appointment of…

1. The court may appoint a court visitor for the minor in a proceeding for the appointment of a guardian for a minor. 2. The same person shall not serve both as the attorney representing the minor and as court visitor. 3. Unless otherwise enlarged or circumscribed by the court, t…

1. The court shall fix the time and place of hearing on the petition and shall prescribe a time not less than twenty days after the date the notice is served unless the court finds there is good cause shown to shorten the time period. The court shall also prescribe the manner of …

1. The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sex offender registries in this state for all proposed guardians other than financial institutions with Iowa trust powers unless a proposed guardian has undergone the requi…

1. The court shall appoint as guardian a qualified and suitable person who is willing to serve subject to the preferences as to the appointment of a guardian set forth in subsections 2 and 3 . 2. In appointing a guardian for a minor, the court shall give preference to a person, i…

1. A person authorized to file a petition under section 232D.301 may file a petition for the emergency appointment of a temporary guardian for the minor. 2. The petition shall state all of the following: a. The name and address of the minor and the birthdate of the minor. b. The …

1. An adult person having physical and legal custody of a minor may execute a verified petition for the appointment of a guardian of the minor upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the exist…

Notwithstanding section 232D.103 , any adult with an interest in the welfare of a minor who is at least seventeen years and six months of age may file a verified petition pursuant to section 633.556 to initiate a proceeding to appoint a guardian of the minor to take effect on the…

1. The order by the court appointing a guardian for a minor shall state the basis for the order. 2. The order by the court appointing a guardian for a minor shall state whether the guardianship is a limited guardianship. 3. An order by the court appointing a guardian for a minor …

1. A guardian is a fiduciary and shall act in the best interest of the minor and exercise reasonable care, diligence, and prudence in performing guardianship duties and responsibilities. The fiduciary duties of a guardian for an adult set forth in chapter 633 are applicable to a …

The court shall issue letters of appointment to a guardian upon the guardian’s acceptance of appointment and the guardian’s subscription of an oath, or certification under penalties of perjury, that the guardian will faithfully discharge the duties imposed by law, according to th…

1. A guardian appointed by the court under this chapter shall file the following reports which shall not be waived by the court: a. A verified initial care plan filed within sixty days of appointment. The information in the initial care plan shall include but not be limited to th…

1. On June 1 and December 1 of each year, the clerk shall notify the fiduciary and the fiduciary’s attorney of any delinquent plans or reports due by law in any pending minor guardianship, and that unless such delinquent plan or report is filed within sixty days thereafter, the m…

1. The court may remove a guardian for a minor for failure to perform guardianship duties or for other good cause shown. 2. The court shall conduct a hearing to determine whether a guardian should be removed on the filing of a petition by a minor under guardianship who is fourtee…

1. A guardianship shall terminate on the minor’s death, adoption, emancipation, or attainment of majority. 2. The court shall terminate a guardianship established pursuant to section 232D.203 if the court finds that the basis for the guardianship set forth in section 232D.203 is …

1. A guardian is not required to use the guardian’s personal funds for the minor’s expenses. If a conservator has been appointed for the estate of the minor, the guardian may request and the conservator may approve and pay for the requested reimbursement without prior court appro…

1. Except as otherwise provided by law, the court shall inquire into the ability of the minor or the minor’s parent to pay expenses incurred pursuant to the guardianship proceedings established under this chapter . After giving the minor and the parent a reasonable opportunity to…