Iowa Department on Aging

 

 

 

 

 

Terry Branstad, Governor
Kim Reynolds, Lt. Governor
Donna Harvey, Director


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Legal Assistance- Questions & Answers

Click to jump down to questions & answers on:

Legal Assistance | Advance Directives (Living Wills & Durable Power of Attorney) |
Guardianship & Conservatorship | Lawyer Referral | Grandparents' Rights


Legal Assistance

Q: I need legal advice but cannot afford to pay an attorney. What do I do?

A: There are several options available:

  1. The Legal Hotline for Older Iowans is a free and confidential service for Iowans 60 years and older who have questions about non-criminal legal matters. You may reach the Hotline at 1-800-992-8161 or 515-282-8161. The Legal Hotline provides free and confidential advice, brief service and referral about most non-criminal legal questions. The Hotline can help people with their legal problems by:
    • Giving legal advice and written materials about legal questions and problems.
    • Letting people know when they need more than advice, and referring them to the right place for help. Advice can also be provided to people seeking help on behalf of older Iowans who are unable to call.


    Older Iowans may contact the Hotline with questions about:

    • Medicaid, Medicare, health care directives, insurance and other health care issues.
    • Social Security, Supplemental Security Income, Veterans Administration benefits, food stamps and other income maintenance programs.
    • Housing and real estate issues.
    • Consumer issues, including telephone and mail solicitations, debt collection practices, and consumer credit problems.
    • Discrimination problems
    • Grandparent rights, elder abuse, and other family law matters.
    • Rights of persons in nursing homes, county care facilities or hospitals.
    • Wills and health care directives.
    • Guardianships & conservatorships
    • Other non-criminal legal matters.

    If your problem will require ongoing legal representation, you will be referred to an appropriate source of legal assistance in your area. The Legal Hotline for Older Iowans is a project of the: Iowa Legal Aid, 1111 9th Street, Suite 230, Des Moines, IA 50314-2427.

  2. Contact your local Area Agency on Aging. Each Area Agency on Aging contracts with a legal provider in that area to provide legal assistance to persons 60 and older.

  3. Volunteer Lawyers Project. Volunteer lawyers from all over the state provide free legal help to qualifying low income Iowans in civil cases. The Iowa Legal Aid (ILA) will perform all screening for the project. To locate your regional office call 1-800-532-1275. Further information is also available at http://www.abanet.org/legalservices/probono/directory/iowa.html
  4. Find a Lawyer Service. This service of the Iowa State Bar Association can locate an attorney in your area willing to help with legal problems. The cost for any service beyond the initial meeting is to be agreed upon between the attorney and client. To contact the Find a Lawyer Service, call 515-243-3179. Click here for aditional information.

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Advance Directives (Living Wills & Durable (Medical) Power of Attorney)

Q: Where can I find information on advance directives, including living wills and durable power of attorney for health care?

A: A step-by-step guide to preparing advance directives documents is available on our website. The guide is entitled: "The Gift of Peace of Mind: For Yourself, For Your Family" [PDF Format- be patient with load time- this is a large document].

Q: Where can I get the forms to complete a living will or durable power of attorney for health care?

A: This information is available in the Iowa Bar Association forms section. It is strongly recommended that you consult an attorney when completing these documents. In addition, forms are available in the guide "The Gift of Peace of Mind", linked in the answer to the question above.

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Guardianship and Conservatorship

Q: What is a Guardian?

A: A guardian is appointed to make decisions about the ward's needs or affairs other than financial matters. These may include decisions about things like medical treatment, where the ward lives, and arrangements for services such as meals, personal care, training and education, to mention just a few.

Q: What is a Conservator?

A: The conservator is responsible for making decisions about the financial affairs of the ward. The ward's estate includes assets- such as stocks, bonds, bank accounts, cash and real estate- for which the conservator has assumed responsibility. Generally, the conservator controls all of the ward's income and property, takes care of paying bills, and handles other financial matters.

Q: How do I know if guardianship or conservatorship is appropriate?

A: First, contemplate & review all reasonable alternatives. Guardianship or conservatorship is not necessary in every case where you, your older parent, or older loved one requires financial management help or personal care help. The Iowa Department on Aging chairs the Substitute Decision Making Task Force, which produced a booklet "Alternatives to Guardianship & Conservatorship" [PDF Format] that examines some of the alternatives short of legal arrangements such as guardianship and conservatorship.

Iowa does have new standards which need to be met in order to establish a guardianship or conservatorship. If you are contemplating establishing a guardianship or conservatorship, it is best to contact an attorney.

The Young Lawyers Division, Services to the Elderly Committee of the Iowa State Bar Association, has a videotape and handbook available which discusses the role of a guardian and/or conservator. To order this tape and booklet contact the Bar Association at 515-243-3179 or view booklet by clicking here.

For questions on Guardianship, Conservatorship or Powers of Attorney the following center is a resource:  The National Health Law and Policy Resource Center is a national “think tank” affiliated with the University of Iowa College of Law. It maintains an information clearinghouse, provides education and training, conducts research and demonstration projects. Its programs include the Program on Elder Policy and Law. This program is a resource for information concerning guardianships, conservatorships and advanced directives (durable power of attorney for health care and living wills). Visit the center on the Web at www.uiowa.edu/~law-nhlp/. Contact the center by e-mail at  law-nhlp@uiowa.edu or phone at (319)335-9067.

Follow this link to locate fact sheets on guardianship and conservatorship.

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Lawyer Referral

Q: I need legal representation for a civil issue. Can you refer me to a lawyer?

A: The Iowa Bar Association offers a lawyer referral service. The service can supply you the name or names of lawyers who are willing to consult and advise you at a discounted rate of no more than $25 for the first 30 minutes. If further legal services on your behalf are necessary, you may arrange for them at that time, if you wish. The service is available on-line at the Iowa Bar Association Lawyer Referral page.

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Grandparents Rights

Q: Do grandparents and great-grandparents in Iowa have visitation rights?

A: Yes.  In general, a grandparent or great grandparent may request visitation through the court when:

  1. The child of the grandparent is deceased
  2. The parent of the child is unfit.  The court shall consider a fit parent’s objections to granting visitation, however, the law sets out instances when the parent may be presumed unfit.
  3. It is in the best interest of the child
  4. The grandparent has a substantial relationship with the child

These changes will take effect July 1, 2010.  See Iowa Code 600C.  For more information, contact the Legal Hotline for Older Iowans at 1-800-992-8161.

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