633.635 - RESPONSIBILITIES OF GUARDIAN.
633.635 RESPONSIBILITIES OF GUARDIAN. 1. Based upon the evidence produced at the hearing, the court may grant a guardian the following powers and duties which may be exercised without prior court approval: a. Providing for the care, comfort and maintenance of the ward, including the appropriate training and education to maximize the ward's potential. b. Taking reasonable care of the ward's clothing, furniture, vehicle and other personal effects. c. Assisting the ward in developing maximum self-reliance and independence. d. Ensuring the ward receives necessary emergency medical services. e. Ensuring the ward receives professional care, counseling, treatment, or services as needed. If necessitated by the physical or mental disability of the ward, the provision of professional care, counseling, treatment, or services limited to the provision of routine physical and dental examinations and procedures under anesthesia is included, if the anesthesia is provided within the scope of the health care practitioner's scope of practice. f. Any other powers or duties the court may specify. 2. A guardian may be granted the following powers which may only be exercised upon court approval: a. Changing, at the guardian's request, the ward's permanent residence if the proposed new residence is more restrictive of the ward's liberties than the current residence. b. Arranging the provision of major elective surgery or any other nonemergency major medical procedure. For the purposes of this paragraph, "major elective surgery" and "nonemergency major medical procedure" do not include the provision to the ward of professional care, counseling, treatment, or services limited to the provision of routine physical and dental examinations and procedures under anesthesia, if the use of anesthesia is necessitated by the physical or mental disability of the ward, and if the anesthesia is provided within the scope of the health care practitioner's scope of practice. c. Consent to the withholding or withdrawal of life-sustaining procedures in accordance with chapter 144A. 3. For the purposes of this section: a. "Routine dental examinations and procedures" includes preventive services, diagnostic services, restorative services, periodontal services, endodontic services, oral surgery, prosthetic services, and orthodontic procedures. b. "Routine physical examinations and procedures" includes examinations and procedures performed for the purpose of general treatment or diagnosis or for the purpose of treatment or diagnosis related to a specific illness, symptom, complaint, or injury. 4. The court may take into account all available information concerning the capabilities of the ward and any additional evaluation deemed necessary, including the availability of third-party assistance to meet the needs of the ward or proposed ward, and may direct that the guardian have only a specially limited responsibility for the ward. In that event, the court shall state those areas of responsibility which shall be supervised by the guardian and all others shall be retained by the ward. The court may make a finding that the ward lacks the capacity to contract a valid marriage. 5. From time to time, upon a proper showing, the court may modify the respective responsibilities of the guardian and the ward, after notice to the ward and an opportunity to be heard. Any modification that would be more restrictive or burdensome for the ward shall be based on clear and convincing evidence that the ward continues to fall within the categories of section 633.552, subsection 2, paragraph "a" or "b", and that the facts justify a modification of the guardianship. Section 633.551 applies to the modification proceedings. Any modification that would be less restrictive for the ward shall be based upon proof in accordance with the requirements of section 633.675.
Section History: Early Form [C81, § 633.635]
Section History: Recent Form 84 Acts, ch 1299, § 16; 85 Acts, ch 29, §7; 87 Acts, ch 100, §2; 91 Acts, ch 93, §4; 97 Acts, ch 178, § 13, 14; 2000 Acts, ch 1063, §1--3 Referred to in § 144A.7, 237.13, 633.551, 633.556, 633.557, 633.560