reglab/housing_qa huggingface dataset:
IA Code § 633.556 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.556 - Petition for appointment of guardian or conservator for an adult.

633.556 Petition for appointment of guardian or conservator for an adult.   1. A formal judicial proceeding to determine whether to appoint a guardian or conservator for an adult shall be initiated by the filing of a verified petition by a person with an interest in the welfare of the adult, which may include the adult who is the subject of the petition.   2. The petition shall contain a concise statement of the factual basis for the petition.   3. The petition shall contain a concise statement of why there is no less restrictive alternative to the appointment of a guardian or a conservator.   4. The petition shall list the name and address of the petitioner and the petitioner’s relationship to the respondent.   5. The petition shall list the name and address, to the extent known, of the following:   a. The name and address of the proposed guardian and the reason the proposed guardian should be selected.   b. Any spouse of the respondent.   c. Any adult children of the respondent.   d. Any parents of the respondent.   e. Any adult, who has had the primary care of the respondent or with whom the respondent has lived for at least six months prior to the filing of the petition, or any institution or facility where the respondent has resided for at least six months prior to the filing of the petition.   f. Any legal representative or representative payee of the respondent.   g. Any person designated as an attorney in fact in a durable power of attorney for health care which is valid under chapter 144B, or any person designated as an agent in a durable power of attorney which is valid under chapter 633B.   6. Any additional persons who may have an interest in the proceeding may be listed in an affidavit attached to the petition.   7. If the petition requests the appointment of a conservator, the petition shall state the estimated present value of the real estate owned or to be owned by the respondent, the estimated value of the personal property owned or to be owned by the respondent, and the estimated gross annual income of the respondent.   8. The petition shall provide a brief description of the respondent’s alleged functional limitations that make the respondent unable to communicate or carry out important decisions concerning the respondent’s financial affairs.   9. Any additional information relevant to the proceeding may be included in an affidavit attached to the petition.  2019 Acts, ch 57, §13, 43, 44  Referred to in §229.27, 232D.311, 235B.18, 235B.19, 633.558, 633.634, 633.717  Former §633.556 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44
IA Code § 633.557 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.557 - Petition for appointment of a conservator for a minor.

633.557 Petition for appointment of a conservator for a minor.   1. A formal judicial proceeding to determine whether to appoint a conservator for a minor shall be initiated by the filing of a verified petition by a person with an interest in the welfare of the minor.   2. The petition shall contain a concise statement of the factual basis for the petition.   3. The petition shall state the following to the extent known:   a. The name, age, and address of the minor.   b. The name and address of the petitioner and the petitioner’s relationship to the minor.   c. The name and address of the proposed conservator and the reason the proposed conservator should be selected.   d. If the petitioner, or the proposed conservator, is not the parent or parents having legal custody of the minor, the name and address, to the extent known, of the following:   (1) The parent or parents having legal custody of the minor.   (2) Any adult who has had the primary care of the minor or with whom the minor has lived for at least six months prior to the filing of the petition, or any institution or facility where the minor has resided for at least six months prior to the filing of the petition.  2019 Acts, ch 57, §14, 43, 44  Referred to in §232D.105, 633.559, 633.634  Former §633.557 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44
IA Code § 633.558 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.558 - Notice to adult respondent.

633.558 Notice to adult respondent.   1. The filing of a petition filed pursuant to section 633.556 shall be served upon the adult respondent in the manner of an original notice in accordance with the Iowa rules of civil procedure governing such notice. Notice to the attorney representing the respondent, if any, is notice to the respondent.   2. Notice shall be served upon other known persons listed in the petition in the manner prescribed by the court, which may be notice by mail in accordance with the Iowa rules of civil procedure. Failure of such persons to receive actual notice does not constitute a jurisdictional defect precluding the appointment of a guardian or conservator by the court.   3. Notice of the filing of a petition given to persons under subsection 2 shall include a statement that such persons may register to receive notice of the hearing on the petition and other proceedings and the manner of such registration.  2019 Acts, ch 57, §15, 43, 44; 2020 Acts, ch 1062, §67  Referred to in §229.27, 235B.18, 633.570  Service of original notice,  R.C.P. 1.302 – 1.315  Former §633.558 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44  Subsection 3 amended
IA Code § 633.559 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.559 - Notice to minor respondent.

633.559 Notice to minor respondent.   1. The filing of a petition pursuant to section 633.557 shall be served upon a minor respondent in the manner of an original notice in accordance with the Iowa rules of civil procedure governing such notice. Notice to the attorney representing the minor, if any, is notice to the minor.   2. Notice shall also be served upon the known parent or parents listed in the petition in accordance with the Iowa rules of civil procedure.   3. Notice shall be served upon other known persons listed in the petition in the manner prescribed by the court, which may be notice by mail in accordance with the Iowa rules of civil procedure. Failure of such persons to receive actual notice does not constitute a jurisdictional defect precluding the appointment of a conservator by the court.   4. Notice of the filing of a petition given to persons under subsections 2 and 3 shall include a statement that the recipient of the notice may register to receive notice of the hearing on the petition and other proceedings and the manner of such registration.  2019 Acts, ch 57, §16, 43, 44  Referred to in §633.570  Service of original notice,  R.C.P. 1.302 – 1.315  Former §633.559 repealed effective January 1, 2020, by 2019 Acts, ch 56, §43, 44 and 2019 Acts, ch 57, §41, 43  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44
IA Code § 633.560 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.560 - Hearing.

633.560 Hearing.   1. The court shall fix the time and place of hearing on a petition and shall prescribe a time not less than twenty days after the date the notice is served unless the court finds there is good cause shown to shorten the time period to less than twenty days pursuant to section 633.40. The court shall also prescribe the manner of service of the notice of such hearing pursuant to section 633.40.   2. The respondent shall be entitled to attend the hearing on the petition and all other proceedings. The court shall make reasonable accommodations to enable the respondent to attend the hearing and all other proceedings. The court may waive the respondent’s attendance for good cause shown. The court shall make a record of the reason for a respondent’s nonattendance.   3. The court shall require the proposed guardian or conservator to attend the hearing on the petition but the court may excuse the proposed guardian’s attendance for good cause shown.   4. The court shall require the court visitor as described in section 633.562, if any, to attend the hearing but the court may excuse the court visitor’s attendance for good cause shown.   5. Any person with an interest in the welfare of the respondent may submit a written application to the court requesting permission to participate in the hearing on the petition and other proceedings. The court may grant the request if the court finds that the person’s participation is in the best interest of the respondent. The court may impose appropriate conditions on the person’s participation.   6. A complete record of the hearing shall be made.  2019 Acts, ch 57, §17, 43, 44  Referred to in §229.27, 235B.18  Former §633.560 transferred to §633.568;  2019 Acts, ch 57, §42  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44
IA Code § 633.560A (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.560A - Mediation.

633.560A Mediation.   1. The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any guardianship or conservatorship action. Mediation performed under this section shall comply with the provisions of chapter 679C. The court shall, upon application of a party, grant a waiver from any court-ordered mediation under this section if the party demonstrates that a history of domestic abuse exists similarly as considered in section 598.41, subsection 3, paragraph “j”. The court may, upon application of a party, grant a waiver from any court-ordered mediation if the action involves elder abuse pursuant to chapter 235F.   2. Mediation shall comply with all of the following standards:   a. The parties must participate in good faith. Participation in mediation shall include attendance at a mediation session with the mediator and the parties to the action, listening to the mediator’s explanation of the mediation process, presentation of one party’s view of the case, and listening to the response of the other party. Participation in mediation does not require that the parties reach an agreement.   b. Unless the parties agree upon a mediator, the court shall appoint a mediator. Any mediator appointed by the court shall meet the qualifications established in this section.   c. Parties to the mediation shall have the right to representation by an attorney at all times.   d. The parties to the mediation shall present any agreement reached through the mediation to their attorneys, if any. A mediation agreement reached by the parties shall not be enforceable until approved by the court.   e. The costs of mediation shall be borne by the parties, as agreed to by the parties, or as ordered by the court, and may be taxed as court costs.   3. A mediator appointed by the court acting pursuant to this section shall have the following qualifications:   a. Completed a one-hour internet seminar or live session regarding the external resources available to a respondent with particular focus on resources for older persons.   b. A minimum of twenty-five hours of general mediation training.   c. Either of the following:   (1) Fifteen hours of probate-specific or elder-specific mediation training.   (2) Ten continuous years of practice in Iowa as a licensed attorney with the greater of four hundred hours or forty percent of the total hours of law practice per year being devoted to matters concerning wills, trusts, and estate work for each of the ten continuous years.  2019 Acts, ch 57, §19, 43, 44; 2020 Acts, ch 1063, §348  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44  Subsection 2, paragraph a amended
IA Code § 633.564 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.564 - Background check of proposed guardian or conservator.

633.564 Background check of proposed guardian or conservator.   1. The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sexual offender registries in this state for all proposed guardians and conservators, other than financial institutions with Iowa trust powers.   2. The court shall review the results of background checks in determining the suitability of a proposed guardian or conservator for appointment.   3. The judicial branch, in conjunction with the department of public safety, the department of human services, and the state chief information officer, shall establish procedures for electronic access to the single contact repository established pursuant to section 135C.33 necessary to conduct background checks requested under subsection 1.   4. The person who files a petition for appointment of guardian or conservator shall be responsible for paying the fee for the background check conducted through the single contact repository established pursuant to section 135C.33.  2019 Acts, ch 57, §23, 43, 44  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44
IA Code § 633.565 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.565 - Qualifications and selection of guardian or conservator for an adult.

633.565 Qualifications and selection of guardian or conservator for an adult.   The court shall appoint as guardian or conservator for an adult any qualified and suitable person who is willing to serve as guardian or conservator.  2019 Acts, ch 57, §24, 43, 44; 2020 Acts, ch 1063, §353  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44  Section amended
IA Code § 633.566 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.566 - Preference as to appointment of conservator.

633.566 Preference as to appointment of conservator.   The parents of a minor, or either of them, if qualified and suitable, shall be preferred over all others for appointment as conservator. Preference shall then be given to any person, if qualified and suitable, nominated as conservator for a minor child by a will executed by the parent having custody of a minor child, and any qualified and suitable person requested by a minor fourteen years of age or older, or by standby petition executed by a person having physical and legal custody of a minor. Subject to these preferences, the court shall appoint as conservator a qualified and suitable person who is willing to serve in that capacity.  [C51, §1491, 1492, 1495, 1498; R60, §2543, 2544, 2547, 2550; C73, §2241, 2242, 2244, 2249; C97, §3192, 3193, 3195; C24, 27, 31, 35, 39, §12573, 12574, 12576; C46, 50, 54, 58, 62, §668.1, 668.2, 668.4; C66, 71, 73, 75, 77, 79, 81, §633.571]  94 Acts, ch 1153, §10; 2019 Acts, ch 57, §42 – 44  C2020, §633.566  Former §633.566 repealed by  2019 Acts, ch 57, §41  Section transferred from §633.571 in Code 2020 pursuant to directive in 2019 Acts, ch 57, §42  2019 amendments take effect January 1, 2020, and apply to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date;  2019 Acts, ch 57, §43, 44
IA Code § 633.567 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.567 - Appointment of guardian or conservator on a standby basis for minor approaching majority.

633.567 Appointment of guardian or conservator on a standby basis for minor approaching majority.   Any adult with an interest in the welfare of a minor who is at least seventeen years and six months of age may file a verified petition pursuant to section 633.552 or section 633.553 to initiate a proceeding to appoint a guardian or conservator for the minor to take effect on the minor’s eighteenth birthday.  2019 Acts, ch 57, §25, 43, 44  Referred to in §633B.102  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44
IA Code § 633.568 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.568 - Appointment of guardian for an adult on a standby basis.

633.568 Appointment of guardian for an adult on a standby basis.   A petition for the appointment of a guardian for an adult on a standby basis may be filed by any person under the same procedure and requirements as provided in sections 633.591 through 633.597, for appointment of standby conservator, insofar as applicable. In all proceedings to appoint a guardian, the court shall consider whether a limited guardianship, as authorized in section 633.635, is appropriate.  [C66, 71, 73, 75, 77, 79, 81, §633.560]  97 Acts, ch 178, §8; 2019 Acts, ch 57, §18, 42 – 44  C2020, §633.568  2020 Acts, ch 1063, §354  Referred to in §633B.102, 633B.108  Former §633.568 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43  Section transferred from §633.560 in Code 2020 pursuant to directive in 2019 Acts, ch 57, §42  2019 amendments are effective January 1, 2020, and apply to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44  Section amended
IA Code § 633.569 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633 - PROBATE CODE|Section 633.569 - Emergency appointment of temporary guardian or conservator.

633.569 Emergency appointment of temporary guardian or conservator.   1. A person authorized to file a petition under section 633.552, 633.553, or 633.554 may file an application for the emergency appointment of a temporary guardian or conservator.   2. Such application shall state all of the following:   a. The name and address of the respondent.   b. The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.   c. The reason the emergency appointment of a temporary guardian or conservator is sought.   3. The court may enter an ex parte order appointing a temporary guardian or conservator on an emergency basis under this section if the court finds that all of the following conditions are met:   a. There is not sufficient time to file a petition and hold a hearing pursuant to section 633.552, 633.553, or 633.554.   b. The appointment of a temporary guardian or conservator is necessary to avoid immediate or irreparable harm to the respondent.   c. There is reason to believe that the basis for appointment of guardian or conservator exists under section 633.552, 633.553, or 633.554.   4. Notice of a petition for the appointment of a temporary guardian or conservator and the issuance of an ex parte order appointing a temporary guardian or conservator shall be provided to the respondent, the respondent’s attorney, and any other person the court determines should receive notice.   5. Upon the issuance of an ex parte order, if the respondent is an adult, the respondent may file a request for a hearing. If the respondent is a minor, the respondent, a parent having legal custody of the respondent, or any other person having legal custody of the respondent may file a written request for a hearing. Such hearing shall be held no later than seven days after the filing of a written request.   6. The powers of the temporary guardian or conservator set forth in the order of the court shall be limited to those necessary to address the emergency situation requiring the appointment of a temporary guardian or conservator.   7. The temporary guardianship or conservatorship shall terminate within thirty days after the order is issued.  2019 Acts, ch 57, §26, 43, 44; 2020 Acts, ch 1063, §355, 356  Referred to in §235B.19  Former §633.569 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43  Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44  Subsection 2, paragraph c amended  Subsection 3, unnumbered paragraph 1 amended