Can a guardianship be modified once it is established?
Yes, a guardianship can be modified once it is established. In the state of Iowa, the guardianship statute allows for changes to a guardianship if the situation or circumstances of the ward has changed and removal of the guardian is in the best interest of the ward. Modification of an existing guardianship may include altering the powers granted to the guardian, transferring guardianship to another individual or entity, or revoking the guardianship altogether. An individual may seek to modify the guardianship by petitioning the court in which the guardianship is filed. The court will then review the petition and determine if there is a legal basis for the modification. If the petition is granted, the court will enter an order, which will set forth the conditions and/or changes to the guardianship. If a dispute arises between the guardian and the ward regarding the modification, the court may hold a hearing to decide if the guardianship should be revoked, modified, or continued in its current form. During the hearing, the court may consider the evidence provided by both the ward and the guardian to make a decision. The court may also modify a guardianship without a petition or a hearing if the parties involved voluntarily agree to the change. In any case, the court must review and approve the modification before it can be enforced.
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