Iowa Guardianship Law Articles

The baseline rule is that the disabled adult’s home state has jurisdiction over the guardianship proceeding. The disabled adult’s home state is defined as a state in which the disabled adult was physically present for at least six consecutive months immediately prior to the filing of the guardianship proceeding. A temporary absence counts toward this six month period. If the disabled adult does not have a “home state” because he or she has not lived in the same state for six consecutive months prior to filing the guardianship proceeding a state with a significant connection to the disabled adult may assert jurisdiction.

A treatment plan is a detailed document that the facility must create within the first three days upon admittance of a patient that has been involuntarily committed. Treatment plans are shaped to each patient’s needs, therefore they vary from person to person. Once the treatment plan is complete (which should be in the first three days), the facility is obligated to give you a copy of the entire plan. 

In this article, we explain, How to transfer guardianship proceedings to another state. When a guardianship is being transferred, it is required that all interested parties are notified of the transfer. Interested parties could include close family, heirs of the estate, and perhaps even creditors.The purpose of this notice is to keep interested parties informed regarding the current care arrangements and living situation of a minor or disabled individual. The requirement also serves as an additional level of protection as it deters guardianship transfers with ill intent.

In this article, we discuss the process of filing for a guardianship for a disabled adult in Iowa and discuss the role of guardians in Iowa, who acts as a petitioner. We also discuss the types of information that should be included in the petition, then we’ll take a look at how the courts in Iowa determine if a guardianship is necessary.

Guardianship can be plenary or limited, with the difference being that a plenary guardianship is a full guardianship similar to how a parent would have the power to make all legal and medical decisions for the child, whereas a limited guardianship can only make decisions based on the stipulations set force in the guardianship agreement. In Iowa, the court ultimately determines the degree of guardianship necessary, with the goal of maintaining the ward’s rights and only giving the guardian what decision-making power is absolutely essential.