1. The court may appoint on its own motion or upon petition of any person, the state office or a local office, to serve as guardian or conservator for any proposed ward in cases in which the court determines that the proceeding will establish the least restrictive form of guardianship or conservatorship services suitable for the proposed ward and if the proposed ward meets all of the following criteria:

 a. Is a resident of the service area in which the local office is located from which services would be provided or is a resident of the state, if the state office would provide the services.
 b. Is eighteen years of age or older.
 c. Does not have suitable family or another appropriate entity willing and able to serve as guardian or conservator.
 d. Is incompetent.
 e. Is an individual for whom guardianship or conservatorship services are the least restrictive means of meeting the individual’s needs.

Terms Used In Iowa Code 231E.6

  • Conservator: means conservator as defined in section 633. See Iowa Code 231E.3
  • 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
  • Incompetent: means incompetent as defined in section 633. See Iowa Code 231E.3
  • Local office: means a local office of public guardian. 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
  • 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. For all appointments made pursuant to this section, notice shall be provided to the state office or local office prior to appointment. For appointments made pursuant to this section, the state office or local office shall only accept appointments made pursuant to the filing of an involuntary petition for appointment of a conservator or guardianship pursuant to chapter 633.
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