Standby Guardianship - Iowa

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Who Can Nominate a Standby Guardian

Citation: Ann. Stat. §§ 633.560; 633.591A

A petition for the appointment of a guardian on a standby basis may be filed by any person under the same procedure and requirements as provided in §§ 633.591 to 633.597 for appointment of standby conservator.

A person having physical and legal custody of a minor may petition for appointment of standby conservator.

How to Establish a Standby Guardian

Citation: Ann. Stat. §§ 633.591A; 633.571

A verified petition must be filed with the court. The petition shall be acted upon by the court only when an event specified in the petition has occurred.

The court will consider the preference of a child age 14 or older.

How Standby Authority is Activated

Citation: Ann. Stat. § 633.595

Upon a triggering event, confirming documents must be filed with the court. A hearing will be conducted to appoint the standby guardian.

Involvement of the Noncustodial Parent

This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation: Ann. Stat. § 633.597

The powers and duties of such a conservator shall be the same as those of a conservator appointed in response to any of the other petitions authorized in the probate code.

Withdrawing Guardianship

Citation: Ann. Stat. § 633.594

The petition may be revoked by the petitioner at any time before appointment of a conservator by the court, provided that the petitioner is of sound mind. Revocation shall be accomplished by the destruction of the petition by the petitioner, or by the execution of an acknowledged instrument of revocation. If the petition has been deposited with the clerk, the revocation may also be deposited there.