Establishing a Guardianship or Conservatorship for an Adult

The first step for establishing a guardianship or a conservatorship for an adult is filing a petition for the appointment of a guardian or conservator with the court.  Any person with an interest in the welfare of an adult can file a petition asking the court to appoint a guardian, a conservator, or both for the adult.  Iowa Code section 633.556. 

An adult may also file a petition on his or her own behalf. See Petition for Appointment of Guardian for Adult Respondent and Petition for Appointment of Conservator for Adult Respondent.  People with questions about how to file a petition should contact the clerk of court at their local courthouse.

The information a petition must contain is listed in Iowa Code section 633.556.  This information includes, but is not limited to:

• the names and addresses of the person filing the petition, the adult for whom a guardianship or conservatorship is requested, the proposed guardian or conservator, the adult’s parents, spouse, and adult children,
• a concise statement of why the appointment of a guardian or conservator is requested and why the proposed guardian or conservator should be appointed,
• a statement of why a less restrictive alternative is not possible, and
• if a conservatorship is requested, the estimated value of the adult’s funds or other property.

The person who the petition requests the guardianship or conservatorship for is called the respondent. At the time when the petition is filed, notice must be served on the respondent. Notice must also be served on the other people listed in the petition. Iowa Code section 633.558.  

The court must appoint an attorney to represent the respondent.  However, the court is not required to appoint an attorney for a respondent who has filed a petition on his or her own behalf.  Iowa Code section 633.561.

The court may, but does not have to, appoint a “court visitor,” who may interview interested persons and make recommendations about the best interests of the respondent to the court.  Iowa Code section 633.562.

Attorney and court visitor fees must be charged against the respondent’s estate.  If the respondent is unable to pay the fees or is indigent, the county must pay the fees.  Iowa Code section 633.561.

The court may request a professional evaluation of the proposed protected person unless the court has enough information to decide whether to grant the petition, or the petitioner or the respondent has already filed an evaluation.  Iowa Code section 633.563.

The court must set a time for a hearing, 20 or more days after the parties are notified.  The respondent is entitled to attend the hearing. Iowa Code section 633.560. 

A background check of the proposed guardian or conservator, including criminal record checks and checks of the child abuse, dependent adult abuse, and sex offender registries is required.  The person filing the petition is responsible for paying the $15 fee for the background check.  Iowa Code section 633.564.  See Iowa Court Rule 7.11 Form 2—Background Check Information for a Proposed Guardian of a Protected Person and Iowa Court Rule 7.12 Form 2 –Background Check Information for a Proposed Conservator of a Protected Person.   

The court can appoint any adult qualified, suitable, and willing to serve as the guardian or conservator. Iowa Code section 633.565.

Individual conservators must secure and file a surety bond with the court, equal to the value of the protected person’s estate.  Iowa Code section 633.169. The court can waive the bond if there is an alternative to the bond that will provide sufficient protection to the assets of the protected person.  Banks and trust companies appointed as conservators do not have to secure and file a surety bond, Iowa Code section 633.175. 

If the court grants the petition to appoint a guardian or conservator or both, the court order will state the reasons for the guardianship or conservatorship or both.  The order will set forth the duties and responsibilities of the guardian or conservator regarding the person subject to a guardianship or conservatorship, called the “protected person." See Iowa Code section 633.635.

The court has an ongoing responsibility to monitor guardianships and conservatorships. The goal of this monitoring is to ensure the well-being and protection of persons subject to guardianships, to ensure the protection of the property of persons subject to conservatorship, and to ensure that guardians and conservators are appropriately carrying out their duties and responsibilities.

Guardians and conservators for adults must submit periodic reports to the court about the status of the  adult protected person and the activities of the guardian or conservator on behalf of the protected person for court review and approval. See our page on Guardian and Conservator Reporting Requirements and Powers for more information.