Minor Guardianship

Minor Guardianships in Iowa

Whitfield & Eddy family law attorneys regularly advise clients in minor guardianship proceedings. A guardianship proceeding may be the appropriate course of action when neither legal or biological parent of a minor child is willing or able to provide for the child's physical, emotional, educational, and/or medical needs. When this is the case, the court may appoint a legal guardian of the minor child to perform the duties that would typically be performed by the child's legal parent. A guardianship is not to be mistaken for termination of the biological parent's parental rights, as guardianships may be terminated upon a finding that the grounds for the guardianship no longer exist. 

Guardianship in Iowa

Whitfield & Eddy family law attorneys frequently represent clients in juvenile guardianship matters. Whether you are a biological parent of the child at issue, a prospective guardian, or the child themselves, it is important that you speak with an attorney to protect your rights. While Iowa law emphasizes exploring the least restrictive alternative to a permanent guardianship, the court’s primary concern will always be the best interest of the child and the constitutional right to parent.  Iowa law does authorize co-guardianships under certain circumstances, which allow shared responsibilities between two qualified guardians. With guardianship comes a plethora of responsibilities, including annual reporting, to ensure the guardian is fulfilling all of their statutory responsibilities.

Why is Guardianship Necessary?

Guardianship provides a non-parent with legal authority to make decisions on behalf of a minor child. This may include, but is not limited to, the ability to enroll the minor child in school, to seek necessary medical care, to apply for state health insurance or enroll the child in private insurance, and the legal right to deny contact between a minor child and an individual who poses a risk of harm. Scenarios that may lead to guardianship include:  

• Parental incapacity: A parent is unable or unwilling to provide care for the minor due to illness, death, or other reasons.
• Abuse or neglect: A parent is unable or unwilling to provide a safe and nurturing environment for the minor child.

Types of Guardianship in Iowa

There are three types of minor guardianships recognized in the state of Iowa:

• Full Guardianship: A guardian is granted all statutory rights and responsibilities for the care of the minor child, as authorized under Iowa Code 232D. Full guardianship may be granted with consent of all parties, or without consent of all parties, following an evidentiary hearing.
• Limited Guardianship: A guardian is granted only limited decision-making power/responsibilities for a minor child. The guardianship is limited to only the rights granted in the Order, and nothing more.
• Standby Guardianship: A guardianship established for a minor child who will be reaching the age of majority (18) within 6 months of the granting of the guardianship, and who will require additional care/assistance in adulthood, such as a minor child who has been diagnosed with a disability.

Whitfield & Eddy Family Law Attorneys Can Assist in Iowa

If you or anyone you know may benefit from representation surrounding a legal guardianship, please contact a Whitfield & Eddy family law attorney at 515-288-6041.