Volunteers Needed to Serve as Guardians for Adults with Intellectual and Developmental Disabilities
Mid-Step Member Guardian
Mid-Step Services, Inc. is a Not For Profit dedicated to providing residential, vocational, educational, and recreational services to people with intellectual disabilities to help them reach their highest potential. We are seeking volunteers that would be willing to serve as Guardians for some of the individuals we serve. A Guardian is a court appointed substitute decision maker for a protected person: individuals who are incapable of making decisions about issues like medical care, residential placement, and other important personal matters. Family members, friends, or other supporting individuals typically serve in this role; however, some of the individuals we serve do not have friends or family that are willing or capable of assisting them as their Guardian. We’re looking for caring community members to help.
As a Guardian, a volunteer would be expected to get to know the protected person, understand their needs or problems, and seek information relevant to making informed decisions on their behalf. Once a year, the Guardian is required to provide the Court with a status report on their protected person. Serving as a protected person’s Guardian does not impose financial responsibility for the protected person or make the Guardian liable for the actions of the protected person.
All protected persons needing Guardians are currently residing with and receiving services from Mid-Step Services. MSS staff are available to assist with questions and guidance for volunteers both before and after appointment as a Guardian. For more information on volunteering to be a Guardian or to be matched with an individual needing decision-making assistance, please Fill out the Volunteer Form Below
Who Can Become a Guardian?
Under Iowa law, any person who is 18 years of age or older and who has not been declared incompetent can become a guardian.
More than one person can be appointed as guardian. When multiple people share the role, they are called “co-guardians.” There are no legal restrictions on the number of co-guardians that may be appointed by the court for a single protected person. Co-guardians, understandably, increase the complexity of decision-making. Co-guardians do not always need to agree with each other right away. But they need to be able to work together to make decisions about the protected person. It is up to the court to decide whether co-guardians are appointed.
A guardian does not have to be a resident of Iowa. If the guardian lives outside of Iowa, the court might require that a resident co-guardian also be appointed.
Typically, family members like spouses, adult children, parents, and siblings are appointed as guardians. This is because family members usually already have regular contact with the protected person, are interested in their welfare, understand their needs, and are able to carry out the duties of being a guardian. However, anyone can become a guardian if they meet the requirements. This can include professional guardianship companies, friends, neighbors, or other close relations. If there is more than one potential guardian, the court will determine who is best suited for the duties of guardianship.
Protected Person’s Rights
Iowa law allows a protected person to keep the following rights unless specifically identified in the guardianship order:
- The right to vote.
- The right to distribute their estate and property upon death (that is, the right to write a last will and testament).
- The right to marry and have children.
Being Appointed
If you are appointed as guardian, you will need to sign a document stating that you will faithfully perform your duty. This is called the “oath.” Afterward, the clerk of court gives you a certified copy of the “Letters of Appointment,” which serves as proof that you, as the guardian, can act for the protected person. The court order appointing you as guardian will contain details about the powers and responsibilities you have as a guardian and any limitations on the guardianship.
Responsibilities of a Guardian
A guardian is responsible for making sure that the protected person’s basic needs are met. These include food, shelter, healthcare, people to talk to, and things to do. A guardian is also responsible for taking care of the protected person’s clothing, furniture, vehicle, and other personal property. A guardian is responsible for helping the protected person develop maximum self-reliance and independence. As a guardian, you are not expected to take on the expense of caring for a protected person. You are also not required to provide all of the protected person’s care by yourself. Family members and friends can help with caregiving. You can also arrange for home healthcare providers, case managers, job coaches, and other professionals to help with the protected person’s care.
Empowering Self-Reliance and Independence
One of the guardian’s biggest responsibilities is helping the protected person develop maximum self-reliance and independence. This means encouraging the protected person to participate in making decisions. It also means making sure the protected person has the opportunity to learn new skills or maintain existing skills.
Making Decisions for The Protected Person
One of the biggest questions most guardians face is “How do I make decisions for my protected person?” Even though we all make decisions for ourselves every day, it’s different when you are making decisions for someone else.
Because a guardian has the responsibility to help their protected person develop self-reliance, the guardian should always involve the protected person in making decisions as much as possible. Many times the guardian’s role is really to help the protected person make a decision by talking through the options and helping guide the protected person through the process of deciding.
When the protected person is unable to participate in making the decision, or when the protected person wants to choose something that would be impossible or unsafe, the guardian may have to make the decision for the protected person.
Reports to the Court
As a guardian, you have a responsibility to the protected person. You also have a responsibility to the court. You must file reports with the court to let them know how the protected person is doing. The first report is called the initial care plan and must be filed within 60 days of the guardian’s appointment.
After that, annual reports are due every year within 60 days after the end of the reporting period. The court order appointing you should tell you when the reporting period ends. For future years, that information may be in the order approving the previous annual report. If you’re not sure when your reporting period ends, you can contact the clerk of court.
The annual report consists of a comprehensive outline of every aspect of the protected person’s care and the guardian’s activities on behalf of the protected person. It covers all of the same topics that the initial care plan covers. However, instead of being a plan of what the guardian will do in the future, the annual report tells the court what the guardian did during the past year.
When you file your annual report, you can also let the court know of any changes you are making to your care plan for the protected person. You can ask for any changes to your powers that will be needed during the next year.
The Iowa Supreme Court has created forms that guardians can use to file their initial care plan, annual reports, and final report. You can access these forms on the Iowa Judicial Branch website at: https://www.iowacourts.gov/for-the-public/court-forms/
