A guardianship over a person in the state of Iowa may be necessary for a host of reasons. A minor child may need a guardian in lieu of a parent due to the death of a parent or the inability of a parent to care for the child. A disabled person might require a guardianship to make critical financial and personal decisions. However, not all guardianships are permanent. Some guardianships come to a natural conclusion, while others may be terminated if certain factors come into play.
According to Iowa law, a disabled person can be released from the authority of a guardian when the court determines that the individual is no longer incompetent. The ward can petition a court to end the guardianship. Once the petition is filed, the court will set the date for a hearing. At the hearing, the ward will present evidence of his or her competency. The court will then hear from the opposing side. The opposing side must provide convincing evidence that the ward is still incompetent and requires a guardian.
However, a ward does not need to be free from disability to be released from a guardian. The criteria for competency depend on a person’s ability to make decisions regarding finances and to handle personal affairs. If these standards are met, a person does not need a guardian. In fact, a person may even suffer from a mental disability but still retain sufficient competency to handle personal and financial matters, making a guardian unnecessary.
When a guardian is taking care of a minor child, there is a natural end to that guardianship when the child reaches legal age. Once the child is an adult, a guardianship is no longer necessary and will terminate. Unfortunately in some cases, a child may die before becoming a legal adult, in which case the guardianship will end. An Iowa court might also terminate a minor’s guardianship if the court determines that the guardianship is not needed.
Be aware that this article does not provide any legal advice. It is written to educate people on the topic of Iowa guardianship.