Adult Guardianships & Conservatorships
The Probate Court can establish a guardianship for an adult, a conservatorship for an adult, or both.
The court can appoint a guardian for an adult if the court finds by clear and convincing evidence that the adult, called the respondent:
- has diminished decision-making capacity, and
- is unable “to care for … [his or her] safety or provide for necessities such as food, shelter or clothing or medical care without which physical injury or illness may occur.”
The court must also find that an appointment of a guardian is in the best interests of the respondent. Iowa Code sec 633.552.
The court can appoint a conservator for an adult if the court finds that there is clear and convincing evidence that the adult who is the respondent:
- has diminished decision-making capacity, and
- is unable “to make, communicate or carry out important decisions concerning ... [her or his] financial affairs.”
The court must also find that that an appointment of a conservator is in the best interests of the respondent. Iowa Code section 633.553.
In deciding whether to establish a guardianship or conservatorship, the court must consider whether there are less restrictive alternatives, including third party assistance, that meet the needs of the respondent. Iowa Code section 633.551. A less restrictive alternative is one that meets the person’s needs but results in the loss of fewer rights than the appointment of a guardian or conservator would.
In deciding whether to establish a guardianship or conservatorship, the court must also consider whether a limited guardianship or conservatorship, rather than a full one, is appropriate. A limited guardianship or conservatorship allows the guardian to make decisions in specific areas, while the person gets to continue to make their own decisions in other areas. Iowa Code section 633.551.
Visit our page on Guardianship and Conservatorship Alternatives and Limited Guardianships and Conservatorships.