§ 232D.310 — Appointment of a guardian for a minor on a standby basis

Iowa § 232D.310

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 232D: MINOR GUARDIANSHIPS

Text

1. An adult person having physical and legal custody of a minor may execute a verified
§232D.310, MINOR GUARDIANSHIPS 8
petition for the appointment of a guardian of the minor upon the express condition that the
petition shall be acted upon by the court only upon the occurrence of an event specified
or the existence of a described condition of the mental or physical health of the petitioner,
the occurrence of which event, or the existence of which condition, shall be established in
the manner directed in the petition. The petition, in addition to containing the information
required in section 232D.301, shall include a statement that the petitioner understands the
result of a guardian being appointed for the minor. An appointment of a guardian for a minor
shall only be effective until the minor attains full age.
2. A standby petition may nominate a person for appointment to serve as guardian as
well as alternate guardians if the nominated person is unable or unwilling or is removed
as guardian. The court in appointing the guardian shall appoint the person or persons
nominated by the petitioner unless the person or persons are not qualified or for other good
cause and shall give due regard to other requests and recommendations contained in the
petition.
3. A standby petition may be deposited with the clerk of the county in which the minor
resides or with any person nominated by the petitioner to serve as guardian.
4. Astandbypetitionmayberevokedbythepetitioneratanytimebeforeappointmentofa
guardian by the court, provided that the petitioner is of sound mind at the time of revocation.
Revocationshallbeaccomplishedbythedestructionofthepetitionbythepetitioner, orbythe
execution of an acknowledged instrument of revocation. If the petition has been deposited
with the clerk, the revocation may likewise be deposited there.
5. If the standby petition has been deposited with the clerk under the provisions of
subsection 3 and has not been revoked under the provisions of subsection 4, the petition may
be filed with the court upon the filing of a verified statement to the effect that the occurrence
of the event or the condition provided for in the petition has occurred. If the petition has not
been deposited with the clerk under the provisions of subsection 3 and has not been revoked
under the provisions of subsection 4, then the petition shall be filed with the court at the
time a verified statement that the occurrence of the event or the condition provided for in
the petition has occurred is filed with the court in the county where the minor then resides.
Upon filing of the petition and verified statement, the person filing the verified statement
shall become the petitioner and the proceedings shall be thereafter conducted as provided
for in this chapter.
6. A standby petition for the appointment of a guardian for a minor shall not supersede
any contradictory provision in a will admitted to probate of a parent, guardian, or custodian
having physical and legal custody of a minor in the event of the parent’s, guardian’s, or
custodian’s death.