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An attorney- in-fact under a durable power of attorney for health care takes priority in decision making for healthcare over any other person, including a guardian.
The new law aims to get guardians to think in detail about what they plan to do for the protected person, and make a plan. This means guardians have to give the court an initial care plan detailing how they will use their decision making authority and what their plan is for the protected person.
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.
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 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.