What are the criteria for determining who should serve as guardian?
In Iowa, the court has established criteria for determining who should serve as guardian for a minor or incapacitated individual. The primary criterion is the best interests of the ward, and the court will consider a variety of factors when evaluating a proposed guardian. First, the court looks at the proposed guardian’s abilities to carry out the duties of a guardian. The court will consider the proposed guardian’s level of responsibility, honesty, and ability to manage the ward’s finances and other matters. The court will also consider whether the proposed guardian will encourage the ward to be self-sufficient in their decision making and pass their assets on to the ward. Secondly, the court considers any familial or personal relationships between the proposed guardian and the ward. The court will assess how such a relationship could affect the care and decision making of the ward. Additionally, the court will look at the proposed guardian’s residence and financial situation when determining if they can adequately manage the ward’s assets and care. Finally, the court will review other factors such as the ward’s preference, the mental capacity of the proposed guardian, and any current or potential conflicts of interest. If there are any objections to the proposed guardian, they must be brought before the court for consideration. In the end, the court has the final say in who will serve as guardian for a minor or incapacitated individual. The court considers the best interests of the ward in making its decision and takes all factors into consideration.
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