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You must file a petition for appointment of a guardian for a minor in the district court for the county where the minor is found or in the county where the minor lives. There is no official Iowa court form for a petition for minor guardianship at this time.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
An application for the emergency appointment of a temporary guardian or conservator can be filed and must include information regarding the name and address of the respondent and the proposed guardian or conservator, and the rea- son for the emergency appointment.
A guardianship is one form of substitute decision-making which is established through a legal proceeding. The court, after finding by clear and convincing evidence that a person is incompetent, may appoint a guardian to manage the person's care. Iowa Code §633.3(20) and §633.552.
They can only be appointed by someone who has parental responsibility for the children. A Legal Guardian cannot be appointed by a parent who is alive, as it is not possible to transfer parental responsibility to another person. For this reason, Legal Guardians are usually appointed in a parent's will.