ii. Legally Authorized Representative

A legal guardian in the state of Iowa is defined as a person who is not the parent of a child, but who has been appointed by a court or juvenile court having jurisdiction over the child, to have a permanent self-sustaining relationship with the child and to make important decisions which have a permanent effect on the life and development of that child and to promote the general welfare of that child.  A guardian may be a court (a district court) or a juvenile court, rather than an individual (Iowa Code 600A.2)

Unless otherwise expanded or restricted by a court or juvenile court having jurisdiction over the child or by operation of law, the rights and duties of a guardian with respect to a child shall be as follows:

1. To consent to marriage, enlistment in the armed forces of the United States, or medical, psychiatric, or surgical treatment.
2. To serve as a guardian ad litem (a person appointed by a court or juvenile court having jurisdiction over the minor child to represent that child in a legal action.  A guardian ad litem appointed under Iowa code must be a practicing attorney) unless the interests of the guardian conflict with the interests of the child or unless another person has been appointed guardian ad litem.
3. To serve as custodian, unless another person has been appointed custodian
4. To make periodic visitations if the guardian does not have physical possession or custody of the child.
5. To consent to adoption and to make any other decision that the parents could have made when the parent-child relationship existed.
6. To make other decisions involving protection, education, and care and control of the child.

In studies involving children in the state of Iowa, the legally authorize representative is:

• the parent, OR
• the court-appointed guardian

In studies conducted in the state of Iowa involving cognitively impaired adults (adults who may be incompetent or have limited decision-making capacity), the legally authorized representative is:

1. The designated proxy (such as a Durable Power of Attorney for Health Care)
2. Court-appointed guardian
3. Spouse (This does NOT include “common law” spouses)
4. Adult child
5. Parent
6. Adult sibling

In studies involving cognitively impaired adults, permission must be sought from the first existing person reasonably available in the above list, even if another relative is more conveniently available.  Not reasonably available means the person is deceased, unknown, incompetent, or unable to provide permission due to inability to communicate with the research team (e.g. the individual is stationed outside the United States in the armed services and does not have access to phone, email, or fax).