A guardianship in Iowa is a legal relationship that is created when a court appoints a person to care for another person who is not legally competent to care for themselves. Courts in Iowa might order a guardianship in a variety of situations. A person does not actually get custody of a sibling in Iowa. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances.
Courts may grant a guardianship for a minor child whose parents are both unfit to have custody of their child in Iowa or whose parents have both passed away. Guardianships are also granted for adults with disabilities or people who are no longer able to manage their affairs because of illness. A local attorney in Iowa would be able to provide more information about guardianships in that state.
Guardianship is the answer whenever a child’s biological parents are unable or unwilling to act as the child’s guardian. A court in Iowa would name a guardian for a minor only if the court decides that it would be in the best interest of the minor under the following circumstances:
- The parents agree.
- The parent’s parental rights have been taken away by a court.
- The parents are not able to care for the minor because they have passed away or
- A person named as the guardian for the minor dies or becomes incapacitated, and they did not name a replacement guardian.
Guardianship maintains the rights of the biological parents intact if they are alive. Another option would be an adoption, which establishes a permanent new legal relationship that may not be undone as a guardianship may. Adoption permanently shifts parental duties and authority to the adoptive parents. Adopting a minor sibling would involve a different legal process than establishing a guardianship.
Before the court names a person as the guardian, the court reviews the person’s criminal history and current credit reports to make sure that the person is the right person to serve as a guardian.
An adult may be granted guardianship of a minor sibling. The guardian would be responsible for making decisions regarding the care and support of their sibling, who is referred to as a “ward” in legal terminology. They would make decisions regarding their sibling’s healthcare, living arrangements, education, and other important circumstances related to their upbringing.
The process of establishing guardianship involves filing a petition with a court, providing evidence of the fact that their sibling is a minor who needs a guardian and that appointing a guardian is in their best interest. A minor sibling would be eligible to become the ward of a guardian because they are not yet an adult.
In addition to these tasks, a guardian is required to use the ward’s money for the ward’s needs and not for themselves or anyone else. For these reasons, a person who wishes to become a guardian might want to have a legal consultation about what the role involves.
A legal conservator, also known as a “guardian of the estate,” may be appointed by the court to handle the financial affairs of a minor child. If the child’s parents are deceased and the child receives a life insurance policy payout, a conservator must be appointed to manage those funds until the child turns 18. The court can appoint the same person as the guardian and the conservator, or the court may appoint a separate conservator.
A guardian does have to allow their ward to have a voice to the extent possible in the decisions that affect them. The guardian is also required to make sure the ward has the opportunity to exercise the rights that they are competent to assert, as would be natural in the parent-child relationship.
What Is the Process for Obtaining Custody of a Sibling?
A person who wishes to be appointed a guardian of the person only for their minor sibling would petition the juvenile court in the county in which their sibling lives. The petition should state the reason that the guardianship is necessary and must also identify the parties involved, including, of course, the name and address of the minor sibling and the proposed guardian. The guardian of a minor should be a native of Iowa.
The petition should also disclose where the child has lived for the past 5 years and with whom. The petition should also disclose whether any other custody or visitation cases involving the child are pending in a court. If the child’s parents object to the guardianship, the court will provide them with an attorney if they cannot afford one themselves.
A guardian ad litem, an attorney who represents the minor sibling’s interests, is appointed. Notice of the petition should be given to the parents of the minor child if they are still alive.
The court then holds a hearing on the petition. The court must make two findings before they can appoint a guardian:
- The protected person is incapable of making personal decisions;
- The proposed guardian is eligible to serve as a guardian.
In addition, in Iowa, in the case of a minor child, their parents are presumed to be the right people to have custody of their own children. The petitioner for guardianship would have to present convincing evidence that the parents are unfit if the parents do not agree to the guardianship. After a hearing, the court would issue a written order stating its decision and appointing the adult sibling as the guardian if it is warranted.
Following that, the court would issue “letters.” These letters authorize the guardian to act on the ward’s behalf. Every year after appointment, the guardian is required by law to file a report with the court.
How Old Do You Have to Be to Take Custody of a Sibling in Iowa?
To take custody of a sibling in Iowa as a guardian, a person must be at least 21 years old. As part of the process, the person who wants to be appointed as a guardian must show the court that they are physically and emotionally capable of caring for the child. A person who wants to be a guardian for a minor sibling would also have to show that they have the financial resources necessary to provide the care the child needs.
The court may order a home study so as to learn whether a prospective guardian has a safe home for the ward. The court would also want to know that the home environment serves the best interests of the child.
Can a Sibling Be a Legal Guardian?
As noted above, an adult sibling who is at least 18 years old may be appointed as the legal guardian of their minor sibling if they are otherwise qualified. However, as noted above, a person who wants to serve as a guardian has to be prepared to provide care, including housing, to the minor.
What Else Should Be Considered?
As noted above, a child who has been orphaned may need a guardian. Also, guardianship might be appropriate if an Iowa court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents per the child custody laws in Iowa. A court might terminate a parent’s right to custody of their child in cases that involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.
In some situations, a child’s parents themselves may have named an adult sibling in their will to serve as the child’s guardian if the parents pass away or become incapacitated.
It is possible that an adult sibling of a minor child would be the person who petitions a court to terminate the parent’s rights. An Iowa family law attorney would be able to help an adult sibling collect evidence to support termination of parental rights and show that it would meet the child’s best interest standard. Courts use this standard for all child custody decisions in Iowa.
They might also prepare the legal petition to get the adult sibling appointed as guardian.
If there is no adult sibling to serve as guardian and no other person qualified and willing to serve as a guardian, a court may appoint a public guardian. This is a person or entity who has the necessary qualifications and is registered and approved by the county probate court to serve as a guardian.
The guardianship of a minor sibling would come to an end when the minor reaches the age of 18 years old or is emancipated by marriage or the order of a court.
Do I Need an Attorney for Sibling Custody Issues?
To become the legal guardian of your sibling who is under the age of 19, you want to consult an Iowa custody lawyer. LegalMatch.com can quickly and easily connect you to a lawyer who understands the forms, documents, and court procedures required and can help you make your best case.
