Guardianship of a Child or Adult in Iowa

The juvenile court has exclusive jurisdiction over guardianships of minors. Any person with an interest in the minor's welfare may file a petition in the judicial district where the minor lives or is found. With parental consent, the court may appoint a guardian if the custodial parent knowingly agrees, the minor needs a guardian (for example because the parent is ill, incarcerated or on active military duty, or other good cause), and the appointment is in the minor's best interest; the parent and guardian file an agreement on their roles. Without parental consent, the court must find by clear and convincing evidence either that a de facto guardian has cared for the child and the parent has shown a lack of consistent participation, or that no custodial parent is willing or able to act and a guardian is in the child's best interest. The court appoints an attorney for the minor when the minor's interests may not be adequately represented.

A person with an interest in an adult's welfare, including the adult, files a verified petition in district court, which must explain why there is no less restrictive alternative. The court may appoint a guardian only if it finds by clear and convincing evidence that the adult's decision-making capacity is so impaired that he or she cannot care for personal safety or provide for necessities such as food, shelter, clothing or medical care, and that a guardian is in the adult's best interest. The court must consider whether a limited guardianship is appropriate and must consider credible evidence of less restrictive alternatives, including third-party assistance.