2014 Iowa Code
TITLE VI - HUMAN SERVICES
SUBTITLE 4 - ELDERS
CHAPTER 231E - SUBSTITUTE DECISION MAKER ACT
SECTION 231E.8 - Provisions applicable to all appointments and designations — discharge.

231E.8  Provisions applicable to all appointments and designations — discharge.

1.  The court shall only appoint or intervene on its own motion or act upon the petition of any person under section 231E.6 or 231E.7 if such appointment or intervention would comply with staffing ratios established by the department and if sufficient resources are available to the state office or local office.  Notice of the proposed appointment shall be provided to the state office or local office prior to the granting of such appointment.

2.  The state office or local office shall maintain reasonable personal contact with each ward, principal, or client for whom the state office or local office is appointed or designated in order to monitor the ward’s, principal’s, or client’s care and progress.  For any estates in which the state office or local office is involved, the state office or local office shall move estate proceedings forward in a reasonable and expeditious manner and shall monitor the progress of any legal counsel retained on a regular basis.

3.  Notwithstanding any provision of law to the contrary, the state office or local office appointed by the court or designated under a power of attorney document may access all confidential records concerning the ward or principal for whom the state office or local office is appointed or designated, including medical records and abuse reports.

4.  In any proceeding in which the state or local office is appointed or is acting as guardian or conservator, the court shall waive court costs or filing fees, if the state office or local office certifies to the court that the state office or local office has waived its fees in their entirety based upon the ability of the ward to pay for the services of the state office or local office.  In any estate proceeding, the court costs shall be paid in accordance with chapter 633, division VII, part 7.

5.  The state or a local substitute decision maker shall be subject to discharge or removal, by the court, on the grounds and in the manner in which other guardians, conservators, or personal representatives are discharged or removed pursuant to chapter 633.

6.  The state or a local substitute decision maker may petition to be removed as guardian or conservator.  A petition for removal shall be granted for any of the following reasons:

a.  The ward displays assaultive or aggressive behavior that causes the substitute decision maker to fear for their personal safety.

b.  The ward refuses the services of the substitute decision maker.

c.  The ward refuses to have contact with the substitute decision maker.

d.  The ward moves out of Iowa.

7.  An appointment nominating the state office or a local office under a power of attorney shall not take effect unless the nominated state or local office has consented to the appointment in writing.

2005 Acts, ch 175, §137; 2009 Acts, ch 23, §49