Reporting Requirements and Powers of Guardians for Minors

The court has a continuing responsibility to monitor guardianships for minors.  The goal of this monitoring is to ensure the wellbeing and protection of minors under guardianship and to ensure that their guardians are carrying out their duties and responsibilities appropriately.

Within 60 days following the court order, the guardian must file an initial care plan, including, but not limited to:

• the guardian’s plan for the minor’s living arrangements;
• the guardian’s plan for payment of the minor’s living expenses and other expenses;
• if applicable, the guardian’s plan for meeting the minor’s health and educational, training and vocational needs;
• the guardian’s plan for encouraging contacts by the minor with family members;
• the guardian’s plan for contact with and activities on behalf of the minor.  Iowa Code section 232D.501.

To update the court, the guardian must file annual reports about the minor’s status and the guardian’s activities.  Iowa Code section 232D.501.

The Supreme Court has issued forms for the guardian initial plan and annual reports.  A guardian is not required to have an attorney.  A guardian who is not represented by an attorney must use the Supreme Court forms for the initial plan and subsequent annual reports.  If the guardian is represented by an attorney, the attorney can use the Supreme Court forms but does not have to use them.  Iowa R. Juv. P. 8.37. 

Rule 8.37—Minor Guardian Forms from the Iowa Supreme Court:

·        Form 4: Guardian’s Initial Care Plan for a Protected Minor

·        Form 5: Guardian’s Annual Report for a Protected Minor

·        Form 6: Guardian’s Final Report for a Protected Minor

When a guardian submits an initial plan the guardian should request court approval of their exercise of the powers necessary to carry out the plan.  If the court approves the plan and grants the guardian the requested powers, these powers can be exercised by the guardian without further court approval.  In subsequent annual reports, the guardian may ask the court to approve a change in the powers to be exercised.