Can a guardian be appointed over the objections of the ward?
In Iowa, a guardian can be appointed over the objections of the ward under certain conditions. Guardianship powers may be granted to a family member, friend, or other person if it is determined by the court that the proposed guardian will act in the best interests of the ward. The court must also determine that the ward is unable to make decisions for himself/herself or is in need of protection due to a mental or physical impairment. When considering a guardianship over the objections of the ward, the court must weigh several factors. The court will examine whether the proposed guardian has the capacity to fulfill the duties of the guardianship, as well as whether the ward’s proposed guardian is in the best position to act in the ward’s best interests. The court must also determine that the ward does not have the capacity to care for himself/herself or make decisions. The court will also consider the wishes of the ward if he/she is able to express them. In some cases, the court may appoint a guardian for a limited time or scope of powers. Ultimately, the court will make its decision on the facts presented and will only appoint a guardian if it is determined that the ward is unable to make decisions and needs protection.
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