Probate Code
Each state’s laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating the Action – Filing a Petition:
Any person with an interest in the welfare of the adult, including the adult themselves, may initiate guardianship or conservatorship proceedings for an adult by filing a petition for appointment of guardian or conservator. The petition must include a brief statement of the factual basis for the petition along with a concise summary of why no less restrictive means are available.
Notice of Hearing:
Notice of the petition must be given to all persons listed in the petition.
Examinations, Evaluations, and Interviews:
Once a petition is filed, the court may elect to appoint a court visitor to assist to help manage the investigation and explain proceedings to the person alleged to be incapacitated. The court has authority to set the visitor’s powers and responsibilities Unless certain exceptions are met, the court must order a professional evaluation of the person alleged to be incapacitated before the hearing.
Adjudication and Disposition:
If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian and outlining the scope of the guardian’s powers.
Iowa Code § 633.556 through Iowa Code § 633.576
https://www.legis.iowa.gov/docs/code/2025/633.556.pdf
https://www.legis.iowa.gov/docs/code/2025/633.558.pdf
https://www.legis.iowa.gov/docs/code/2025/633.560.pdf
https://www.legis.iowa.gov/docs/code/2025/633.561.pdf