Guardianship
If you have a guardianship, you still have rights. You and your guardian may not always agree. A guardian should consider your wishes. You might need a guardian if you need help making personal care decisions like where you live and what support services you need.
These are your rights:
- The right to vote.
- The right to decide what will happen to property upon death (make a will).
- The right to marry.
- The right to have children or not.
- The right to have friendships.
You may also have rights about your health care choices and choices about your services
The court will decide what areas of your life your guardian controls. Your guardian must help you use the rights you keep and cannot limit them. You can also ask the court to let you to do more.
Once a guardian is appointed, the guardian must do an initial care plan report and then a report every year. These reports must be based on your needs. They also consider your likes and prior choices
The reports must include:
- Where you are living or plan to live
- How your bills will be paid
- Your health care needs and how you are meeting those needs
- If you are working or going to school or plan to
- What things you do for fun and what contact you have with family and friends
- How often the guardian meets with you
- Any changes that need to be made
The reports should also include the need for a guardian. You have a right to look at these plans. You have the right to ask the court to change the plan.
Conservatorship
I do not control my money. This may mean that I am under a conservatorship. My conservator and I don’t always agree on how much money I should get or what I can spend it on. What can the conservator decide? What are my rights?
Conservators are helpful if you do not understand money or do not understand spending and sometimes spend too much. If you are confused or made big mistakes with money, you may have a conservator.
The court will decide what money the conservator controls. Your conservator must help you use your rights and cannot limit them. You can also ask the court to let you to do more.
Once a conservator is appointed, the conservator must do an initial care plan report and then a report every year. These reports must be based on your needs. They must also consider your likes and prior choices
The initial plan must include:
- A budget containing planned expenses and income.
- Any fees the conservator charges.
- Your debts.
- Your assets (like a car or saving account and the plan for assets).
- How the conservator will help you with your money.
You must be given a copy of the plan. You can tell the court that you do not agree with the plan within 20 days. The Court will review and make the final decision.
Your conservator must also report on your money every year. The report must include:
- Money paid and received
- A budget for next year
- Plan for your assets
- Request for court approval of what the conservator and the attorney charge for the conservatorship
You have a right to look at these plans and see what the conservator is supposed to do. You can ask the court to change the plans.
What Can I do if my Guardian or Conservator isn’t doing their Job?
Since the court is involved, the guardian or conservator must follow the court’s rules and decisions. You should tell the court if you think the guardian or conservator is not doing what is best for you or is not doing their job.
You can ask the court to change or end the guardianship or conservatorship. You can ask the court to remove the guardian or conservator and appoint a new guardian or conservator. You may ask to have the guardianship or conservatorship ended if it is not needed.
Your Rights under the Law
You keep all other rights that the court does not give to the guardian or conservator. Iowa law says that a court must give a clear reason before it can take away some of your rights.
The law talks about a few specific rights that you keep. One is the right to communicate and visit with others. The right has some rules. The guardian can set rules about time, when and where and how communication or a visit takes place. A guardian must get approval from the court to deny your right to communicate or visit with others.
You also have the right to:
- appeal any orders issued by the judge
- be represented by an attorney you choose
- have an attorney chosen for you
- have an annual report filed
- try to change or end the guardianship or conservatorship
You may have disagreements with your guardian or conservator. You can take your disagreements to the court. You can also use a mediator. A mediator is a trained professional who helps two sides reach an agreement.
The people that help you like guardians or conservators must think about your likes, dislikes, and ideas when they make decisions. Make sure they know your opinions.
For more information on guardianship and conservatorship, download a brochure here.