Guardianship and Conservatorship: Words to Know

Last Updated: August 6, 2025

Agent –in a power of attorney, it means the person who gets the power to act on behalf of the principal.

Authority – the power to decide or give orders.

Beneficiary – a person who receives the benefits from a trust.

Cognitive -anything related to thinking, learning, and understanding. It’s how our brain helps us remember things, solve problems, and make decisions.

Conservator – a person or organization appointed by the court to have control of the property and money of a person.

Conservatorship – the court case where a person or organization is appointed to have control of the property and money of a person.

Durable –in a power of attorney, it means a power of attorney that continues even when the person cannot make decisions for themselves.

Functional capacity -a person’s ability to meet personal needs or take action to have needs met. The court looks at:

  • how well the individual can perform activities to meet their needs, and
  • how much help is needed with decision-making.

Grantor –a person who creates a trust.

Guardian – a person or organization appointed by the court to have control of a person and make decisions for that person.

Guardianship – the court case where a person or organization is appointed to have control of a person and make decisions for that person.

Incompetent- Iowa law has a definition of incompetence. It focuses on a person’s decision-making ability and whether the person’s decisions will cause physical injury or illness. Just because someone disagrees with your decision doesn’t mean you need someone to make decisions for you or that you are incompetent.

Principal –in a power of attorney, it means the person who gives power to another to act for them.

Prognosis –predicting how someone will recover from an illness.

Protected Person- a person who is under a guardianship or conservatorship.

Third-party assistance- help that a person receives from friends, family or service providers which allows them to make appropriate personal and financial decisions.

Trustee – a person or financial institution which holds and manages the property in a trust.

For more information on guardianship and conservatorship, download a brochure here.

Related Resources

Which State Can Make Decisions about Guardianships and Conservatorships?

Iowa has the power to appoint a guardian or conservator if Iowa is the "home state" of the respondent to a guardianship or...

Standards and Principles of Supported and Substitute Decision-Making

Supported Decision-Making Supported decision-making uses tools and supports to help persons understand, make, and...

Alternatives to Guardianship and Conservatorship

Many people have situations where a family member may need help with decisions or daily activities, such as paying bills or...

Social Security after a Disaster

What if I did not get my latest Social Security or SSI benefits? If you live in a disaster area, ask your local post office...

Rights of People in Civil Commitment

A person who is “mentally ill” and “dangerous” can be made to get mental health treatment. There are specific rules about...

Housing Rights of Persons with Disabilities

Anyone may have a hard time finding a rental unit he or she can afford. There is not enough low- and moderate-income...

Attorney, Court, and Guardianship or Conservatorship Fees

There are costs associated with bringing a guardianship or conservatorship case. There are filing fees and other court...

What Is Discrimination in Housing?

(Section 216.8 & 8A, and 216.12, Code of Iowa) (United States Code, Volume 42, Sections 3601 and following.) What Is it...

Property Tax Suspension for People Who Get SSI

Many people with a disability own or are buying their homes. They may have a hard time paying their property taxes which...

Shopping for an Assistive Technology Device

Persons with disabilities may face challenges with everyday tasks like getting around, speaking or reading. "Assistive...

Review Your Medicare Part D Prescription

Many people who are enrolled in Medicare have the costs of their prescription drugs partially covered by a Medicare Part D...

Iowa’s Minor Guardianship Law

Sometimes neither parent can take care of a child. This could be due to death, disability, or some other reason. When this...

Adult Guardianship and the Right to Communicate

Adults Under Guardianships Have Rights Too A person under a guardianship is called the protected person. The person who...

Determining if Guardianship or Conservatorship is Necessary

Is a guardianship or conservatorship needed?   Family members often take on informal decision-making roles for a...

Guardianship and Conservatorship: Your Rights as a Protected Person

Guardianship If you have a guardianship, you still have rights. You and your guardian may not always agree.  A...

Can the School Make Me Get a Guardianship in Order to Enroll Children I Am Taking Care Of?

Sometimes, parents are unable to take care of their kids. The parents may have died, or be ill or absent. When parents...

Appealing a Managed Care Organization (MCO) Decision

Iowa Medicaid has switched to Managed Care.  Almost everyone who has Medicaid in Iowa is now assigned to a Managed...

Frequently Asked Questions about Guardianships and Conservatorships

Why would I need a guardianship or conservatorship? People in different situations may need a guardian or conservator: Some...

Law Lets Schools Help Fight Homelessness

Each year, many children experience homelessness or near-homelessness. These children are more likely to experience hunger...

Assistive Technology and Rights of Persons With Disabilities

People with disabilities, including those who use assistive technology, have many rights. Here is just a summary of some...

Emancipation and Minor Guardianships

Children are not allowed to make their own decisions. Instead, they rely on parents to help them make good decisions....

Find a lawyer.

Iowa Legal Aid cannot help with this issue. You can look for an attorney on “Find A Lawyer” on the Iowa State Bar Association website. A private attorney there can talk with you for a fee of $25 for 30 minutes of legal advice.