IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY
PROBATE DIVISION
IN THE MATTER OF THE GUARDIANSHIP OF:
[WARD FULL LEGAL NAME], (an [Adult | Minor]) Case No. ______
Petition of:
[PETITIONER FULL LEGAL NAME],
[street address], [city], IA [ZIP]
PETITIONER
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PETITION FOR APPOINTMENT OF [LIMITED | PLENARY] GUARDIAN
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[// GUIDANCE: Iowa practice customarily titles this pleading “Petition for Appointment of Guardian.”]
TABLE OF CONTENTS
- Document Header & Preliminary Recitals
- Definitions
- Jurisdiction, Venue & Governing Law
- Parties & Standing
- Operative Allegations
- Requested Guardianship Orders
- Bond Requirements
- Reporting & Compliance Obligations
- Representations & Warranties of Petitioner
- Covenants of Proposed Guardian
- Default, Removal & Remedies
- Risk Allocation & Indemnification
- Miscellaneous & General Provisions
- Prayer for Relief
- Verification
- Signature & Notary Blocks
- Exhibits & Attachments
1. DOCUMENT HEADER & PRELIMINARY RECITALS
1.1 Effective Date. This Petition is deemed filed as of the Clerk’s time-stamp date (the “Effective Date”).
1.2 Purpose. Petitioner seeks judicial appointment of a Guardian for the above-captioned Ward pursuant to applicable Iowa guardianship law (collectively, “State Guardianship Law”).
1.3 Consideration. No monetary consideration is exchanged; the relief requested is in furtherance of the Ward’s best interests and public policy.
2. DEFINITIONS
For ease of reference, capitalized terms carry the meanings set forth below:
“Annual Report” – The yearly report a Guardian must file with the Court under State Guardianship Law, detailing the Ward’s status, condition, and financial accounting.
“Bond” – A fiduciary surety bond, in an amount fixed by the Court, conditioned on faithful discharge of Guardian duties.
“Court” – The Iowa District Court for [County] County, Probate Division.
“Guardian” – The individual or entity appointed by the Court to exercise powers over the Ward.
“Petitioner” – The person bringing this Petition, identified in the caption.
“Ward” – The individual for whom guardianship protection is sought.
[// GUIDANCE: Add or delete defined terms to suit case specifics.]
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Jurisdiction. This Court has subject-matter jurisdiction over guardianship proceedings under State Guardianship Law.
3.2 Venue. Venue is proper in [County] County because the Ward:
(a) is domiciled or resides in this County; or
(b) owns property here; or
(c) is present in this County and emergency appointment is necessary.
3.3 Governing Law. All matters are governed by State Guardianship Law and applicable Iowa probate procedural rules.
4. PARTIES & STANDING
4.1 Petitioner. [Provide Petitioner’s age, relationship to Ward, and factual basis for standing—e.g., next of kin, interested person, or other statutory standing.]
4.2 Ward. [Provide Ward’s full name, date of birth, current address, and brief description of incapacity (adult) or minor status (minor).]
5. OPERATIVE ALLEGATIONS
5.1 Guardianship Standards Satisfied. Petitioner alleges:
(a) The Ward is an [adult who lacks decisional capacity | minor requiring guardianship] under State Guardianship Law.
(b) Less-restrictive alternatives (e.g., power of attorney, supported decision-making) are insufficient or unavailable.
(c) Appointment of a [Limited | Plenary] Guardian is consistent with the Ward’s best interests and will promote the Ward’s welfare.
5.2 Powers Sought. Petitioner requests authority for the Guardian over:
• Personal care & residence decisions
• Medical & health-care decisions
• Education & vocational matters
• [Property management – if needed]
5.3 Emergency/Interim Relief. [Optional] Petitioner requests temporary or emergency appointment pending final hearing if delay would substantially harm the Ward.
5.4 Notice. Petitioner will serve all required statutory notices on interested persons and file proof of service.
6. REQUESTED GUARDIANSHIP ORDERS
6.1 Appointment. Entry of an order appointing [PROPOSED GUARDIAN NAME] as [Limited | Plenary] Guardian effective upon filing of Oath and Bond.
6.2 Scope of Authority. Authority limited to powers enumerated in Section 5.2 unless later modified.
6.3 Review & Renewal. Court review at [12-month] intervals, or sooner on motion of interested person.
7. BOND REQUIREMENTS
7.1 Bond Amount. Petitioner proposes Bond in the penal sum of $[AMOUNT], reflecting estimated value of Ward’s property plus anticipated annual income.
7.2 Waiver or Modification. Petitioner requests that Bond be:
(a) waived [if Ward has only personal-care guardianship]; or
(b) set at an amount the Court deems appropriate.
7.3 Bond Form. Bond to be issued by a corporate surety authorized in Iowa and filed concurrently with the Guardian’s Oath.
[// GUIDANCE: Iowa courts commonly waive Bond when no property is involved.]
8. REPORTING & COMPLIANCE OBLIGATIONS
8.1 Initial Care Plan. Guardian shall submit an Initial Care Plan within sixty (60) days of appointment.
8.2 Annual Report. Guardian shall file an Annual Report every twelve (12) months on the Court-approved form, serving copies on interested persons.
8.3 Financial Accounting. If Guardian controls assets, a verified accounting shall accompany the Annual Report.
8.4 Change in Circumstances. Guardian must promptly notify the Court of any material change affecting the Ward’s condition, residence, or estate.
9. REPRESENTATIONS & WARRANTIES OF PETITIONER
Petitioner represents, warrants, and certifies:
9.1 Accuracy. All statements herein are true and complete to the best of Petitioner’s knowledge, information, and belief, formed after reasonable inquiry.
9.2 Eligibility. Proposed Guardian is statutorily eligible, not disqualified by criminal conviction or conflict of interest.
9.3 Good Faith. Petition is brought in good faith and in the Ward’s best interests.
9.4 No Undue Influence. Petitioner and Proposed Guardian are acting without coercion or undue influence over the Ward.
10. COVENANTS OF PROPOSED GUARDIAN
10.1 Fiduciary Duty. Guardian shall exercise the highest degree of care, loyalty, prudence, and impartiality owed to the Ward.
10.2 Least-Restrictive Means. Guardian shall encourage the Ward’s autonomy and involve the Ward in decisions to the extent possible.
10.3 Compliance. Guardian shall comply with all Court orders, State Guardianship Law, and applicable probate rules.
10.4 Recordkeeping. Guardian shall maintain contemporaneous records of all actions, expenditures, and correspondence relating to the guardianship.
10.5 Reporting. Guardian shall satisfy all obligations set forth in Section 8.
11. DEFAULT, REMOVAL & REMEDIES
11.1 Events of Default. The following constitute default:
(a) Failure to file required reports;
(b) Mismanagement or misappropriation of the Ward’s funds;
(c) Breach of fiduciary duty;
(d) Failure to maintain valid Bond.
11.2 Notice & Cure. Upon default, interested persons may petition for removal; Guardian shall have fourteen (14) days to cure unless immediate removal is necessary to protect the Ward.
11.3 Remedies. Court may suspend powers, appoint a temporary guardian, surcharge the Guardian, or invoke contempt powers.
11.4 Attorneys’ Fees & Costs. Reasonable fees and costs incurred to remedy default may be assessed against the Guardian personally.
12. RISK ALLOCATION & INDEMNIFICATION
12.1 Indemnification. Guardian may be indemnified from the Ward’s estate for reasonable expenses and liabilities incurred in good-faith performance, subject to Court approval.
12.2 Limitation. No indemnification shall apply to acts of gross negligence, willful misconduct, or violation of law.
12.3 Insurance. Guardian shall maintain [fiduciary liability | general liability] insurance in commercially reasonable amounts, naming the Ward’s estate as an additional insured, unless waived by the Court.
13. MISCELLANEOUS & GENERAL PROVISIONS
13.1 Amendments. Any amendment to this Petition shall be in writing, filed with the Court, and served on interested persons.
13.2 Severability. If any provision is adjudged unenforceable, the remainder shall remain in full force.
13.3 Integration. This Petition supersedes all prior petitions or letters concerning the guardianship of the Ward.
13.4 Electronic Signatures. Electronic signatures shall be deemed original for all purposes allowable under Iowa law.
13.5 Counterparts. This Petition may be executed in counterparts, each of which is deemed an original.
14. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that the Court:
A. Set this Petition for hearing at the earliest time permitted by law;
B. Appoint [PROPOSED GUARDIAN NAME] as [Limited | Plenary] Guardian of the [person | person and property] of [WARD NAME];
C. Fix Bond in the amount of $[AMOUNT] or waive Bond as stated herein;
D. Order compliance with reporting requirements set forth above;
E. Grant such other and further relief as the Court deems just and equitable.
15. VERIFICATION
I, [PETITIONER NAME], declare under penalty of perjury that the foregoing Petition is true and correct to the best of my knowledge, information, and belief.
Date: ___
Signature: ____
Printed Name: _________
16. SIGNATURE & NOTARY BLOCKS
[// GUIDANCE: Adjust to meet Iowa R. Civ. P. 1.1901 notarization requirements.]
PETITIONER:
[Petitioner Name]
STATE OF IOWA )
) ss
COUNTY OF [COUNTY] )
Subscribed and sworn before me on __, 20, by [Petitioner Name].
Notary Public in and for the State of Iowa
My Commission Expires: ______
ATTORNEY FOR PETITIONER:
[Attorney Name], #_
[Law Firm]
[Street Address]
[City], IA [ZIP]
Telephone: () -
Email: [attorney @domain.com]
17. EXHIBITS & ATTACHMENTS
Exhibit A – Physician’s/Professional’s Evaluation of Incapacity
Exhibit B – Proposed Guardian’s Consent, Oath, and Acceptance
Exhibit C – Proposed Bond Form
Exhibit D – List of Interested Persons & Addresses
Exhibit E – Proposed Order Appointing Guardian
[// GUIDANCE: Attach locally required forms, e.g., Iowa Supreme Court-approved GUARDIAN INITIAL CARE PLAN.]
[// GUIDANCE NOTES FOR PRACTITIONER]
1. Statutory Citations. Insert specific Iowa Code sections only after verifying the applicable year of the Code (e.g., Ch. 633 for adult guardianships; Ch. 232D for minors).
2. Hearing Scheduling. Confirm local probate docket procedures; some counties require proposed orders to secure a hearing date.
3. Background Checks. Iowa law may mandate criminal and child-abuse registry checks for prospective guardians; attach proof if required.
4. Service & Notice. Use the probate rules of notice (personal service or certified mail) and file returns.
5. Bond Calculation. When property is involved, many judges set Bond at 1.25-2× the non-real-estate asset value plus one year’s income—verify local practice.
6. Limited vs. Plenary. Tailor the scope to conform with the “least restrictive means” preference under modern guardianship standards.
7. Amendments. If additional powers become necessary (e.g., sale of real estate), file a supplemental petition rather than amending this pleading.
END OF TEMPLATE – READY FOR ATTORNEY CUSTOMIZATION AND FILING