231E.8 - PROVISIONS APPLICABLE TO ALL APPOINTMENTS AND DESIGNATIONS -- DISCHARGE.
231E.8 PROVISIONS APPLICABLE TO ALL APPOINTMENTS AND
DESIGNATIONS -- DISCHARGE.
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.
2. The state office or local office shall maintain reasonable
personal contact with each ward, principal, or client for whom the
state office or local office is appointed or designated in order to
monitor the ward's, principal's, or client's care and progress. For
any estates in which the state office or local office is involved,
the state office or local office shall move estate proceedings
forward in a reasonable and expeditious manner and shall monitor the
progress of any legal counsel retained on a regular basis.
3. Notwithstanding any provision of law to the contrary, the
state office or local office appointed by the court or designated
under a power of attorney document may access all confidential
records concerning the ward or principal 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 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. In any
estate proceeding, the court costs shall be paid in accordance with
chapter 633, division VII, part 7.
5. The state or a local substitute decision maker shall be
subject to discharge or removal, by the court, on the grounds and in
the manner in which other guardians, conservators, or personal
representatives are discharged or removed pursuant to chapter 633.
6. The state or a local substitute decision maker 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 substitute decision maker to fear for their personal
safety.
b. The ward refuses the services of the substitute decision
maker.
c. The ward refuses to have contact with the substitute
decision maker.
d. The ward moves out of Iowa.
7. An appointment nominating the state office or a local office
under a power of attorney shall not take effect unless the nominated
state or local office has consented to the appointment in writing.
Section History: Recent Form
2005 Acts, ch 175, §137; 2009 Acts, ch 23, §49