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231e-6
231E.6 COURT-INITIATED OR PETITION-INITIATED
APPOINTMENT OF STATE OR LOCAL SUBSTITUTE DECISION MAKER --
GUARDIANSHIP OR CONSERVATORSHIP -- DISCHARGE.
1. The court may appoint on its own motion or upon petition of
any person, the state office or local office of substitute decision
maker, to serve as guardian or conservator for any proposed ward in
cases in which the court determines that the proceeding will
establish the least restrictive form of substitute decision making
suitable for the proposed ward and if the proposed ward meets all of
the following criteria:
a. Is a resident of the planning and service area in which
the local office is located from which services would be provided or
is a resident of the state, if the state office would provide the
services.
b. Is eighteen years of age or older.
c. Does not have suitable family or another appropriate
entity willing and able to serve as guardian or conservator.
d. Is incompetent.
e. Is an individual for whom guardianship or conservatorship
services are the least restrictive means of meeting the individual's
needs.
2. For all appointments made pursuant to this section, notice
shall be provided to the state office or local office of substitute
decision maker prior to appointment. For appointments made pursuant
to this section, the state office or local office of substitute
decision maker shall only accept appointments made pursuant to the
filing of an involuntary petition for appointment of a conservator or
guardianship pursuant to chapter 633. Section History: Recent Form
2005 Acts, ch 175, §135; 2009 Acts, ch 23, §47
Referred to in § 231E.8
