Who Can Ask for Help?

In order to ask the court for help under this law, the person who needs help must be a “vulnerable elder.” See Iowa Code Chapter 235F.

A vulnerable elder is a person who is at least 60 years old and is unable to protect himself or herself from elder abuse as a result of age or a mental or physical condition or because of a personal circumstance which results in an increased risk of harm to the person.

Because the person being abused may not be able to ask for help, the victim of abuse does not have to be the one asking the court for help. The law allows a “substitute petitioner” to ask the court for help on behalf of the person being abused. A substitute petitioner can be a family member, household member, guardian, conservator, attorney in fact, or guardian ad litem for a vulnerable elder. It can also be any other “interested person.” The law does not define who is an interested person.

The court has made forms available so that a person can ask for help even if they do not have an attorney. However, it is always a good idea to have an attorney help you when dealing with any legal matters. If you do not have an attorney, you can also get help from an advocate like an elder rights specialist from your local area agency on aging.

An attorney can be very helpful in understanding the law, filling out the forms, following procedures, and presenting your case to a judge. An advocate can help you find and fill out forms and provide support.

In these cases, if you prove that elder abuse happened or is happening, your attorney can ask the court to order the abuser pay the attorney’s fees and costs.

Where can I get more information and help with forms and filing?

• Iowa Legal Aid is a non-profit agency that provides legal assistance to low-income and vulnerable Iowans. Information can be found on the Iowa Legal Aid Website. Phone: 800-532-1503 or, for Iowans 60 or older, 800-992-8161.
• Iowa Find-A-Lawyer is an online directory of attorneys provided by the Iowa State Bar Association. These attorneys may or may not charge a fee.
• Find contact information for an advocate, sometimes called an elder rights specialist, in your local area agency on aging (AAA) at LifelongLinks. They are not attorneys, but these advocates can help you gather information and fill out forms. They can also talk with you about available resources and assistance.
• The Iowa Victim Service Call Center helps victims and survivors of crime in Iowa. The Call Center can provide support and can connect you with a local domestic violence or sexual assault advocate. They are not attorneys, but these advocates can help you gather information and fill out forms. They can be reached by phone 24/7 at 800-770-1650 or by texting IowaHelp to 20121.
• Disability Rights of Iowa is a non-profit agency that protects and advocates for the rights of people with disabilities and mental illness. They provide free legal services and advocacy in certain cases. You can request help here or by calling 515-278-2502.
• Forms for use by those who are not using an attorney can be found on the Iowa Judicial Branch website. 
• If you are not using an attorney and need more help gathering information and filling out the forms, the Iowa Judicial Branch has a free, online option here that will walk you through the forms in a question-and-answer format.
• Frequently asked questions about filing with the court can be found here on the Iowa Judicial Branch website.