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Iowa Standby Guardian Law

In Iowa, a parent or any other person having physical and legal custody of a minor can file a petition for a standby guardian.  The petition should be verified and should specify that the court shall act only upon the occurrence of a triggering event.  The petition should also state as to how the event or condition is to be proved.  If a child who is to be served by a guardian is 14 years or older, the court will consider his/her preference. 

Parents, “if qualified and suitable” are preferred over all others to serve as guardians.  There is no provision for concurrent decision-making under the standby guardianship provision.  The Iowa law is very specific about the duties of a guardian.  The basic duties of a guardian are to provide for care, comfort, and maintenance, including training and education. 

After filing of verified petition with the court, notice must be served to the child.  The court may decide that the child is entitled to legal representation.  The court will decide on the basis of best interest of the child.

A guardianship ends when the child reaches maturity, or the court decides for any reason that guardianship is no longer necessary.  A parent can revoke the petition by filing written revocation with the court if the petition for appointment of guardian is filed.  If the petition is not filed, the parent can revoke by destroying the petition.

Inside Iowa Standby Guardian Law