You must file a petition for appointment of a guardian for a minor in the district court for the county where the minor is found or in the county where the minor lives. There is no official Iowa court form for a petition for minor guardianship at this time.
- A potential guardian must pass a criminal background check and pay a fee for the background check. Notice of the petition must be served on the minor and the minor’s parents. The personal background check authorization form can be found on the Iowa Judicial Branch website at: https://www.iowacourts.gov/for-the-public/court-forms/.
- For more information on filing the petition for a minor guardianship and the contents of the petition, see Iowa Code section 232D.301. Guardianships can be complicated and you should visit with an attorney.
There are several reasons for appointment of a guardian for a minor, including the following:
- Both parents of the minor are deceased.
- The minor’s parents voluntarily consent to the guardianship.
- A parent with legal custody can no longer provide care and parental supervision.
- The minor’s parent or parents are in jail or prison.
- The minor’s parent is on active military duty.
- Someone other than the parent is solely caring for the minor.
A guardian must:
- Act in the best interest of the minor.
- Ensure the minor’s health, education, safety, welfare, and support.
- Maintain regular contact with the minor.
- Make reasonable efforts to continue the relationship of the minor and the minor’s parents.
- File an initial care plan, annual reports, and a final report.
- Promptly inform the court of any change in the minor’s address or school.
- See Iowa Code section 232D.402 for the list of the statutory duties and responsibilities of a guardian for a minor.
There are free forms for minor guardianship reports in chapter 8 of the Iowa Court Rules, also available in fillable and savable format on the Iowa Judicial Branch website at: https://www.iowacourts.gov/for-the-public/court-forms/. All guardians must use these forms for minor guardianships. Iowa Court Rules 8.39.
A court visitor is appointed by the court to talk to the minor, interview the potential guardians and those involved with the child, and report back to the court. See Iowa Code section 232D.305.
Emergency appointment of a guardian may be necessary to avoid immediate harm to the minor.
To end a minor guardianship before the child turns 18, you must file a motion to request the court to terminate the guardianship, and the court may hold a hearing on the motion. When a child turns age 18, the minor guardianship automatically ends with the filing of a final report. See Iowa Code section 232D.503.
Guardianships of minors terminate automatically when the minor reaches the age of 18.
If the minor will need a guardian after the minor becomes an adult (age 18), the guardian may file a petition for a standby guardianship to begin on the minor's 18th birthday. However, a guardian cannot file such a petition until the minor is 17.5 years of age.
The court may remove a guardian for a minor for failure to perform guardianship duties or for other good reasons. The court will conduct a hearing to determine whether a guardian should be removed if a petition to remove a guardian is filed by a minor under guardianship who is 14 years of age or older, a parent of the minor under guardianship, or other person with an interest in welfare of the minor. The court will remove a guardian only if it determines that there are reasonable grounds for believing that removal is appropriate based on information in the petition. See Iowa Code section 232D.502.