Establishing a Minor Guardianship

The first step in establishing a minor guardianship is the filing of a petition for appointment of a guardian.  A petition may be filed by any person with an interest in the welfare of the minor.  Iowa Code section 232D.301.

The information a petition must contain is listed in Iowa Code section 232D.301. If the parents or parent consent to the guardianship, the petitioner must file an Affidavit of Parental Consent with the guardianship petition.  See Rule 8.37—Form 3: Affidavit of Parental Consent.   Before or on the date of the court hearing on the petition, the parents and the proposed guardian must file a proposed agreement with the court that describes:

• the guardian’s responsibilities,
• the parents’ responsibilities, and
• the expected length of the guardianship, if known.  Iowa Code section 232D.203

Court Proceeding Regarding a Minor Guardianship Petition

Once the petition is filed, the persons listed in the petition must be notified of the proceeding.  Iowa Code section 232D.302.

The court may, but is not required to, appoint an attorney for the minor.  Iowa Code section 232D.303. The court must appoint an attorney for a parent if the parent objects to the appointment of a guardian, the parent requests an attorney, and the parent is unable to pay for an attorney. Iowa Code section 232D.304. 

The court may, but is not required to, appoint a “court visitor” who may interview the minor, the minor’s parents, the petitioner, the proposed guardian, and other persons and make recommendations to the court.  Iowa Code section 232D.305.

The court must set a time for a hearing, 20 or more days after the parties are notified.  The minor is entitled to attend the hearing if the minor is of an appropriate age for attendance.  A minor who is 14 years of age or older is of an appropriate age for attendance.  The court cannot exclude a minor 14 years of age or older from attending the hearing unless the court finds that there is good cause shown for excluding the minor.  Iowa Code section 232D.306.

A background check of the proposed guardian, 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 232D.307.  See Rule 8.37—Form 2: Background Check Information for a Proposed Guardian of a Minor.

If the court approves the petition to appoint a guardian, the court order will set forth the reason for the guardianship and the guardian’s duties and powers.  Iowa Code 232D.401.