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231e-5
231E.5 LOCAL OFFICE OF SUBSTITUTE DECISION MAKER --
REQUIREMENTS FOR STATE AND LOCAL SUBSTITUTE DECISION MAKERS.
1. The state substitute decision maker shall select persons to
provide local substitute decision-making services in each of the
planning and service areas, based upon a request for proposals
process developed by the department.
2. The local office shall comply with all requirements
established for the local office by the department and shall do all
of the following:
a. Maintain a staff of professionally qualified individuals
to carry out the substitute decision-making functions.
b. Identify client needs and local resources to provide
necessary support services to recipients of substitute
decision-making services.
c. Collect program data as required by the state office.
d. Meet standards established for the local office.
e. Comply with minimum staffing requirements and caseload
restrictions.
f. Conduct background checks on employees and volunteers.
g. With regard to a proposed ward, the local office shall do
all of the following:
(1) Determine the most appropriate form of substitute decision
making needed, if any, giving preference to the least restrictive
alternative.
(2) Determine whether the needs of the proposed ward require the
appointment of a guardian or conservator.
(3) Assess the financial resources of the proposed ward based on
the information supplied to the local office at the time of the
determination.
(4) Inquire and, if appropriate, search to determine whether any
other person may be willing and able to serve as the proposed ward's
guardian or conservator.
(5) Determine the form of guardianship or conservatorship to
request of a court, if any, giving preference to the least
restrictive form.
(6) If determined necessary, file a petition for the appointment
of a guardian or conservator pursuant to chapter 633.
h. With regard to an estate, the local office may appoint a
personal representative to file a petition to open an estate who
shall do all of the following:
(1) Retain legal counsel as described in section 231E.11 to be
compensated from the proceeds of the estate pursuant to chapter 633,
division III, part 8.
(2) Liquidate all assets of the estate.
(3) Distribute the assets of the estate pursuant to chapter 633,
division VII, parts 7 and 8, and other applicable provisions of law.
3. A local office may do any of the following:
a. Contract for or arrange for provision of services
necessary to carry out the duties of a local substitute decision
maker.
b. Accept the services of volunteers or consultants and
reimburse them for necessary expenses.
c. Employ staff and delegate to members of the staff the
powers and duties of the local substitute decision maker. However,
the local office shall retain responsibility for the proper
performance of the delegated powers and duties. All delegations
shall be to persons who meet the eligibility requirements of the
specific type of substitute decision maker.
4. An individual acting as the state or a local substitute
decision maker shall comply with applicable requirements for
guardians, conservators, or personal representatives pursuant to
chapter 633, attorneys in fact under a power of attorney pursuant to
chapter 633 or a durable power of attorney for health care pursuant
to chapter 144B, or representative payees pursuant to federal law and
regulations.
5. Notwithstanding any provision to the contrary, an individual
acting as the state or a local substitute decision maker shall not be
subject to the posting of a bond pursuant to chapter 633. An
individual acting as the state or a local substitute decision maker
shall complete at least eight hours of training annually as certified
by the department. Section History: Recent Form
2005 Acts, ch 175, §134
