Iowa Code 231E.8 – Provisions applicable to all appointments and designations — discharge
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1. The court shall only appoint or intervene on its own motion or act upon the petition of any person under section 231E.6 or 231E.7 if such appointment or intervention would comply with staffing ratios established by the department and if sufficient resources are available to the state office or local office. Notice of the proposed appointment shall be provided to the state office or local office prior to the granting of such appointment.
Terms Used In Iowa Code 231E.8
- Client: means an individual for whom a representative payee is appointed. See Iowa Code 231E.3
- Conservator: means conservator as defined in section 633. See Iowa Code 231E.3
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Court: means court as defined in section 633. See Iowa Code 231E.3
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means guardian as defined in section 633. See Iowa Code 231E.3
- Local office: means a local office of public guardian. See Iowa Code 231E.3
- Local public guardian: means an individual under contract with the department to act as a guardian, conservator, or representative payee. See Iowa Code 231E.3
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Public guardian: means the state public guardian or a local public guardian. See Iowa Code 231E.3
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- State office: means the state office of public guardian. See Iowa Code 231E.3
- Ward: means the individual for whom a guardianship or conservatorship is established. See Iowa Code 231E.3
2. The state office or local office shall maintain reasonable personal contact with each ward or client for whom the state office or local office is appointed or designated in order to monitor the ward’s or client’s care and progress.
3. Notwithstanding any provision of law to the contrary, the state office or local office appointed by the court may access all confidential records concerning the ward for whom the state office or local office is appointed or designated, including medical records and abuse reports.
4. In any proceeding in which the state or a local office is appointed or is acting as guardian or conservator, the court shall waive court costs or filing fees, if the state office or local office certifies to the court that the state office or local office has waived its fees in their entirety based upon the ability of the ward to pay for the services of the state office or local office.
5. The state public guardian or a local public guardian shall be subject to discharge or removal, by the court, on the grounds and in the manner in which other guardians or conservators are discharged or removed pursuant to chapter 633.
6. The state public guardian or a local public guardian may petition to be removed as guardian or conservator. A petition for removal shall be granted for any of the following reasons:
a. The ward displays assaultive or aggressive behavior that causes the public guardian to fear for their personal safety.
b. The ward refuses the services of the public guardian.
c. The ward refuses to have contact with the public guardian.
d. The ward moves out of Iowa.