Can a minor choose their own guardian?

In Iowa, minors do not have the legal capacity to choose their own guardian. Guardian appointments for minors must be approved by a court, which will decide if the proposed guardian is the best choice for the minor. An individual can be appointed as a guardian for a minor in a few different ways. First, if a will was written by the minor’s parents, they may have named a guardian for the minor in the will. This appointed guardian would then go to the court to present the will and request the appointment be granted. Second, the court will take into consideration any wishes of the minor when deciding on a guardian. In Iowa, a Minor may also file a Petition for Appointment of Guardian and name a guardian they would like to have appointed. The court can then take the minor’s wishes into consideration when making their appointment. Finally, if no will is written by the parents or the minor does not express any preferences, the court can legally appoint a guardian based on what they believe is in the best interest of the minor. The court seeks to appoint a guardian who is suitable and qualified, and most importantly, can provide for the safety and well-being of the minor.

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