Minor Guardianships

The Iowa Juvenile Court may establish a guardianship for a minor.  A minor guardianship must end when the minor reaches the age of 18 but the court may end the guardianship before then, if certain conditions are met.  Iowa Code section 232D.503.  There are several different reasons the court may appoint a guardian for a minor.    

Guardianships with Parental Consent

The court may appoint a guardian for a minor with parental consent if it finds:

• the parents or parent with legal custody understand the nature of the guardianship and knowing and voluntarily consent to the guardianship,
• the minor needs a guardianship because the parent having legal custody is unable to care and supervise the minor due to physical or mental illness, is incarcerated or imprisoned, is on active military duty, or needs a guardianship for some other reason for good cause shown, and
• the appointment of a guardian is in the minor’s best interest.   Iowa Code section 232D.203.

Guardianships without Parental Consent

A court may appoint a guardian for a minor without the parents’ consent if the court finds by clear and convincing evidence that:

• there is a person other than the parent who is serving as the de facto guardian for the minor and,
• there has been a lack of the consistent participation or communication by the parent in the life of the minor.  Iowa Code section 232D.204.

A court also may appoint a guardian for a minor without the parents’ consent if the court finds by clear and convincing evidence that:

• no parent with legal custody is willing or able to carry out the duties and responsibilities which a guardian would carry out, and
• appointing a guardian is in the minor’s best interest.  Iowa Code section 232D.204.

Before establishing a guardianship without parental consent, the court must consider whether a child in need of assistance (CINA) petition for the minor may be more appropriate than a guardianship petition for the minor.  See Iowa Code section 232D.204.

Other Grounds for Minor Guardianships

The court also may appoint a guardian for a minor when both of the minor’s parents are deceased, when a court has found a minor to be a child in need of assistance (CINA), or when a court has terminated the parental rights of a minor. Iowa Code sections 232D.201 and 232D.202.