Guardianship and Conservatorship Alternatives and Limited Guardianships and Conservatorships

Alternatives to a Full Guardianship

There are several possible options that may be an alternative to a guardianship or the basis for a limited guardianship.

One possible option is home and community-based services and case management services.  Several agencies and organizations provide such services to persons with disabilities, older adults, and other persons.

• The Iowa Medicaid Home- and Community-Based Services (HCBS) provide services to Medicaid beneficiaries. 
• The Iowa Aging Services website and the Iowa Area Agencies on Aging (AAA) provide information on services and local resources available for older adults and family caregivers.  Contact your local AAA to explore what is available.
• The Iowa Compass website connects people with disabilities and complex health problems to services and support organizations.  You can search the website by service name or category, including financial assistance and in-home- or community-based services.
• The Iowa Developmental Disabilities Council website has links to a wide range of  Iowa and national resources.
• The Guardians Association of Iowa Network website has a State Resources section .

Other possible options include, but are not limited to:

• A living will, also known as advance care directive, a written document setting forth a person’s wishes regarding their end-of-life care if he or she becomes incapacitated and unable to communicate those wishes. Iowa Code chap. 144A.   See Living Will Form.
• A durable power of attorney for health care, a legal document in which one person gives authority to another person to make health care decisions for him or her.  Iowa Code chap. 144B.   See Durable Power of Attorney for Health Care Decisions Form.  See also Combined Living Will and Medical Power of Attorney Forms.  For more information watch this video: You and the Law: Health Care Power of Attorney.

Alternatives to a Full Conservatorship

There are several possible options that may be an alternative to a conservatorship or the basis for a limited conservatorship. They include, but are not limited to:

• A representative payee, who is appointed by the Social Security Administration to manage a person’s social security benefits.  See https://www.ssa.gov/payee/.
• A durable financial power of attorney, a legal document in which one person gives authority to another person or financial institution to make decisions to manage his or her financial affairs. Iowa Code chap. 633B. See Iowa Statutory Power of Attorney Form, Iowa Code section 633B.301.  For more information watch this video: Ask an Attorney - What Does it Mean to Have "Power of Attorney?" and visit the Iowa Bar Association's Powers of Attorney page.
• A validly executed trust which is a legal entity authorizing  a person, called the trustee, to hold and manage assets for the benefit of another person.  See Iowa Code chap. 633A.  For more information watch this video: Ask an Attorney - What is a Trust and How Do I Create One?
• The establishment of a uniform transfer to minor account which allows a minor to receive a certain amount without a conservator or trustee and involves the appointment of a custodian who manages the account until the minor reaches majority. See Iowa Code chap. 565B.