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In Iowa, one can petition the court to appoint a guardian for a minor or for an adult. In the case of a minor, if one or more of the biological parents are alive and capable of taking care of the minor protected person, it can be difficult to prove to the court the necessity of a guardian.
Once you are appointed as guardian, you have several duties. You must make decisions affecting the Protected Person and may be entrusted to care for their personal property, arrange necessary medical services, etc. Ultimately, it is your responsibility to help the Protected Person develop maximum self-reliance.
If the parents do not consent, then the proposed guardian must show by clear and convincing evidence that a guardianship is needed. The Iowa Supreme Court has confirmed a parent's fundamental right to the care, custody and control of their children. A fit parent is the preferred decision maker for their children.
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.
Terminating a person's parental rights is a very serious step, and a court will not do it unless the evidence is "clear and convincing." That means the evidence must be better than in an ordinary civil case, like a personal injury case. But it does not have to be as good as the evidence in a criminal case.
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.
Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.