reglab/statecodes huggingface dataset:
2023 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.570 - Notification of guardianship and conservatorship powers.

633.570 Notification of guardianship and conservatorship powers.
1. In a proceeding for the appointment of a guardian, the respondent shall be given written notice which advises the respondent of the powers that a guardian may exercise without court approval pursuant to section 633.635, subsection 2, and the powers that the guardian may exercise only with court approval pursuant to section 633.635, subsection 3.
2. In a proceeding for the appointment of a conservator, the respondent shall be given written notice which advises the respondent of the powers that a conservator may exercise without court approval pursuant to section 633.646* and the powers that the conservator may exercise only with court approval pursuant to section 633.647.
3. If the respondent is an adult, the notice shall clearly advise the respondent of the respondent’s rights to representation by an attorney and the potential deprivation of the respondent’s civil rights. The notice shall also state that the respondent may be represented by the respondent’s own attorney rather than an attorney appointed by the court. If the respondent is an adult, notice shall be served upon the respondent with the notice of the filing of the petition as provided in section 633.558. If the respondent is a minor, notice shall be served upon the respondent with the notice of the filing of a petition as provided in section 633.559.
2019 Acts, ch 57, §27, 43, 44; 2022 Acts, ch 1021, §165
Referred to in §633.591
Former §633.570 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
*Section 633.646 is repealed by
2019 Acts, ch 57, §41, 43, 44
; corrective legislation is pending
Subsection 2 amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.572 - Appointment of conservator on voluntary petition.

633.572 Appointment of conservator on voluntary petition. Repealed by 2019 Acts, ch 57, §41, 43, 44.
2019 repeal applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after January 1, 2020; 2019 Acts, ch 57, §43, 44
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.573 - Appointment of temporary conservator.

633.573 Appointment of temporary conservator. Repealed by 2019 Acts, ch 57, §41, 43, 44. See §633.569.
2019 repeal 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.575 - Representation.

633.575 Representation. Repealed by 2019 Acts, ch 57, §41, 43, 44. See §633.561.
2019 repeal 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.576 - Notification of conservatorship powers.

633.576 Notification of conservatorship powers. Repealed by 2019 Acts, ch 57, §41, 43, 44. See §633.570.
2019 repeal takes effect January 1, 2020, 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.580 - Petition for appointment of conservator for absentee.

633.580 Petition for appointment of conservator for absentee.
When a person owns property located in the state of Iowa, the person’s whereabouts are unknown, and no provision for the care, control, and supervision of such property has been made, with the result that such property is likely to be lost or damaged, or that the dependents of such owner are likely to be deprived of means of support because of such absence, it shall be proper for any person to file with the clerk a petition for the appointment of a conservator of such property of the absentee. The petition shall state the following information, so far as known to the petitioner:
1. The name, age, and last known post office address of the proposed ward.
2. The facts concerning the disappearance of the absentee.
3. The name and post office address of the proposed conservator, and that the proposed conservator is qualified to serve in that capacity.
4. A general description of the property of the proposed ward within this state and of the proposed ward’s right to receive property; also, the estimated present value of the real estate, the estimated value of the personal property, and the estimated gross annual income of the estate. If any money is payable, or to become payable, to the proposed ward by the United States through the United States department of veterans affairs, the petition shall so state.
5. That the property of the absentee is likely to be lost or damaged, or that the absentee’s dependents are likely to be deprived of means of support, because of the absence, and that no proper provision has been made for the care, control, and supervision over such property.
[S13, §3228-a; C24, 27, 31, 35, 39, §12632; C46, 50, 54, 58, 62, §671.1; C66, 71, 73, 75, 77, 79, 81, §633.580]
2009 Acts, ch 26, §19
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.581 - Original notice governed by rules of civil procedure.

633.581 Original notice governed by rules of civil procedure.
Notice of the filing of such a petition and of the hearing thereon shall be served upon the absentee by publication in the manner of an original notice and the rules of civil procedure governing original notices by publication shall also govern such a notice as to content.
[S13, §3228-a; C24, 27, 31, 35, 39, §12633; C46, 50, 54, 58, 62, §671.2; C66, 71, 73, 75, 77, 79, 81, §633.581]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.582 - Notice on county attorney.

633.582 Notice on county attorney.
Such notice shall also be served on the county attorney of the county in which the petition is filed and on the spouse and children of the absentee as provided by the rules of civil procedure. If there is no spouse or children, such notice shall be served on such persons and in such manner as the court may prescribe.
[S13, §3228-a; C24, 27, 31, 35, 39, §12634; C46, 50, 54, 58, 62, §671.3; C66, 71, 73, 75, 77, 79, 81, §633.582]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.583 - Pleadings and trial — rules of civil procedure.

633.583 Pleadings and trial — rules of civil procedure.
All other pleadings and the trial of the cause shall be governed by the rules of civil procedure.
[S13, §3228-a; C24, 27, 31, 35, 39, §12635; C46, 50, 54, 58, 62, §671.4; C66, 71, 73, 75, 77, 79, 81, §633.583]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.584 - Appointment of conservator.

633.584 Appointment of conservator.
In the event that the absentee does not appear at said hearing, the court shall hear the petition and the proof offered. All evidence shall be made a part of a transcript to be filed in such proceedings. If the allegations of the petition are proved, the court may appoint a conservator.
[S13, §3228-b, -c; C24, 27, 31, 35, 39, §12636, 12637, 12639; C46, 50, 54, 58, 62, §671.5, 671.6, 671.8; C66, 71, 73, 75, 77, 79, 81, §633.584]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.585 - Appointment of temporary conservator.

633.585 Appointment of temporary conservator.
A temporary conservator may be appointed, but only after a hearing on such notice, and subject to such conditions as the court shall prescribe.
[C66, 71, 73, 75, 77, 79, 81, §633.585]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.591 - Voluntary petition for appointment of conservator — standby basis.

633.591 Voluntary petition for appointment of conservator — standby basis.
Any person of full age and sound mind may execute a verified petition for the voluntary appointment of a conservator of the person’s property upon the express condition that such petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition. The petition, if executed on or after January 1, 1991, shall advise the respondent of a conservator’s powers as provided in section 633.570.
[C66, 71, 73, 75, 77, 79, 81, §633.591]
89 Acts, ch 178, §15; 90 Acts, ch 1036, §2; 91 Acts, ch 36, §7; 2019 Acts, ch 57, §29, 43, 44
Referred to in §633.568, 633.634, 633B.108
2019 amendment 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.591A - Voluntary petition for appointment of conservator for a minor — standby basis.

633.591A Voluntary petition for appointment of conservator for a minor — standby basis.
A person having physical and legal custody of a minor may execute a verified petition for the appointment of a standby conservator of the proposed ward’s property, upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition.
94 Acts, ch 1153, §11
Referred to in §633.568
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.592 - Petition may nominate conservator.

633.592 Petition may nominate conservator.
Such petition may nominate a person for appointment to serve as such conservator, and may request that the appointment be made without bond, or with bond of a certain stated sum. The court in appointing the conservator shall give due regard to such nomination and other requests and recommendations contained in the petition.
[C66, 71, 73, 75, 77, 79, 81, §633.592]
Referred to in §633.568
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.593 - Deposit of petition.

633.593 Deposit of petition.
Such petition may be deposited with the clerk of the county in which the party resides, or with any person, firm, bank or trust company selected by the petitioner.
[C66, 71, 73, 75, 77, 79, 81, §633.593]
Referred to in §633.568, 633.595
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.594 - Revocation of petition.

633.594 Revocation of petition.
Such petition may be revoked by the petitioner at any time before appointment of a conservator by the court, provided that the petitioner is of sound mind. Revocation shall be accomplished by the destruction of the petition by the petitioner, or by the execution of an acknowledged instrument of revocation. If the petition has been deposited with the clerk, the revocation may likewise be deposited there.
[C66, 71, 73, 75, 77, 79, 81, §633.594]
Referred to in §633.568
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.595 - Filing petition upon occurrence of condition.

633.595 Filing petition upon occurrence of condition.
At any time after the deposit of the petition with the clerk, and before its revocation, it may be brought on for hearing by the filing of a verified statement to the effect that the occurrence of the event or the condition provided for in the petition has come to pass. If the petition has not been deposited with the clerk under the provisions of section 633.593, then it may be brought on for hearing at any time by the filing of it and such a verified statement with the clerk of the county in which the person who executed the petition then resides.
[C66, 71, 73, 75, 77, 79, 81, §633.595]
Referred to in §633.568
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.596 - Considerations — appointment of conservator.

633.596 Considerations — appointment of conservator.
At the time a standby petition is filed under this part, the court shall consider whether a limited conservatorship, as authorized in section 633.637, is appropriate.
[C66, 71, 73, 75, 77, 79, 81, §633.596]
97 Acts, ch 178, §12
Referred to in §633.568
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.597 - Conservator shall have same powers and duties.

633.597 Conservator shall have same powers and duties.
The powers and duties of such a conservator shall be the same as those of a conservator appointed in response to any of the other petitions authorized in this probate code.
[C66, 71, 73, 75, 77, 79, 81, §633.597]
2005 Acts, ch 38, §51
Referred to in §633.568
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.603 - Appointment of foreign conservators.

633.603 Appointment of foreign conservators.
When there is no conservatorship, nor any application therefor pending, in this state, the duly qualified foreign conservator or guardian of a nonresident ward may, upon application, be appointed conservator of the property of such person in this state; provided that a resident conservator is appointed to serve with the foreign conservator; and provided further, that for good cause shown, the court may appoint the foreign conservator to act alone without the appointment of a resident conservator.
[C51, §1512; R60, §2564; C73, §2266; C97, §3213; C24, 27, 31, 35, 39, §12606; C46, 50, 54, 58, 62, §669.1; C66, 71, 73, 75, 77, 79, 81, §633.603]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.604 - Application.

633.604 Application.
The application for appointment of a foreign conservator or guardian as conservator in this state shall include the name and address of the nonresident ward, and of the nonresident conservator or guardian, and the name and address of the resident conservator to be appointed. It shall be accompanied by a certified copy of the original letters or other authority conferring the power upon the foreign conservator or guardian to act as such. The application shall also state the cause for the appointment of the foreign conservator to act as sole conservator, if such be the case.
[C51, §1513; R60, §2565; C73, §2267; C97, §3214; C24, 27, 31, 35, 39, §12607; C46, 50, 54, 58, 62, §669.2; C66, 71, 73, 75, 77, 79, 81, §633.604]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.605 - Personal property.

633.605 Personal property.
A foreign conservator or guardian of a nonresident may be authorized by the court of the county wherein such ward has personal property to receive the same upon compliance with the provisions of sections 633.606, 633.607 and 633.608.
[C73, §2269; C97, §3216; C24, 27, 31, 35, 39, §12609; C46, 50, 54, 58, 62, §669.4; C66, 71, 73, 75, 77, 79, 81, §633.605]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.606 - Copy of bond.

633.606 Copy of bond.
Such foreign conservator or guardian shall file in the office of the clerk in the county where the property is situated, a certified copy of the conservator’s or guardian’s official bond, duly authenticated by the court granting the letters, and shall also execute a receipt for the property received by the conservator or guardian.
[C51, §1514; R60, §2566; C73, §2268, 2270; C97, §3215, 3217; C24, 27, 31, 35, 39, §12608, 12610; C46, 50, 54, 58, 62, §669.3, 669.5; C66, 71, 73, 75, 77, 79, 81, §633.606]
Referred to in §633.605
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.607 - Order for delivery.

633.607 Order for delivery.
Upon the filing of the bond as above provided, and the court being satisfied with the amount thereof, it shall order the personal property of the ward delivered to such conservator or guardian.
[C73, §2271; C97, §3218; C24, 27, 31, 35, 39, §12611; C46, 50, 54, 58, 62, §669.6; C66, 71, 73, 75, 77, 79, 81, §633.607]
Referred to in §633.605
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.608 - Recording of bond — notice to court.

633.608 Recording of bond — notice to court.
The clerk shall record the bonds and the receipt, and notify by mail the court which granted the letters of conservatorship or guardianship of the amount of property delivered to the fiduciary and the date of delivery thereof.
[C73, §2271; C97, §3218; C24, 27, 31, 35, 39, §12612; C46, 50, 54, 58, 62, §669.7; C66, 71, 73, 75, 77, 79, 81, §633.608]
Referred to in §633.605
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.614 - Application of other provisions to veterans’ conservatorships.

633.614 Application of other provisions to veterans’ conservatorships.
Whenever moneys are paid or are payable pursuant to any law of the United States through the United States department of veterans affairs to a conservator or a guardian, the provisions of sections 633.615, 633.617, and 633.622 shall apply to the administration of said moneys. However, such provisions shall be construed to be supplementary to the other provisions for conservators, and shall not be exclusive of such provisions.
[C31, 35, §12644-c2; C39, §12644.02; C46, 50, 54, 58, 62, §672.2; C66, 71, 73, 75, 77, 79, 81, §633.614]
2009 Acts, ch 26, §20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.615 - Secretary of veterans affairs — party in interest.

633.615 Secretary of veterans affairs — party in interest.
The secretary of veterans affairs of the United States, the secretary’s successor, or the designee of either, shall be a party in interest in any proceeding for the appointment or removal of a conservator, or for the termination of the conservatorship, and in any suit or other proceeding, including reports and accountings, affecting in any manner the administration of those assets that were derived in whole or in part from benefits paid by the United States department of veterans affairs. Not less than fifteen days prior to the time set for a hearing in any such matters, notice, in writing, of the time and place thereof shall be given by mail to the office of the United States department of veterans affairs having jurisdiction over the area in which such matter is pending.
[C31, 35, §12644-c4, -c11; C39, §12644.04, 12644.11; C46, 50, 54, 58, 62, §672.4, 672.11; C66, 71, 73, 75, 77, 79, 81, §633.615]
2009 Acts, ch 26, §21
Referred to in §633.614
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.617 - Ward rated incompetent by United States department of veterans affairs.

633.617 Ward rated incompetent by United States department of veterans affairs.
Upon the trial of an issue arising upon a prayer for the appointment of either a temporary or a permanent conservator, a certificate of the secretary of the United States department of veterans affairs, or the secretary’s representative, setting forth the fact that the defendant veteran has been rated incompetent by the United States department of veterans affairs upon examination in accordance with the laws and regulations governing the United States department of veterans affairs, shall be prima facie evidence of the necessity for such appointment, and the court may appoint a conservator for the property of such person.
[C31, 35, §12644-c3, -c7; C39, §12644.03, 12644.07; C46, 50, 54, 58, 62, §672.3, 672.7; C66, 71, 73, 75, §633.616; C77, 79, 81, §633.617]
2009 Acts, ch 26, §22
Referred to in §633.614
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.622 - Bond requirements.

633.622 Bond requirements.
In administering moneys paid by the United States department of veterans affairs, the conservator, unless it is a bank or trust company qualified to act as a fiduciary in this state, shall execute and file with the clerk a bond by a recognized surety company equal to such moneys and the annual income therefrom, plus the expected annual United States department of veterans affairs benefit payments.
[C31, 35, §12644-c14, -c15; C39, §12644.14, 12644.15; C46, 50, 54, 58, 62, §672.14, 672.15; C66, 71, 73, 75, 77, 79, 81, §633.622]
2009 Acts, ch 26, §23
Referred to in §633.614
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.627 - Combining petitions.

633.627 Combining petitions.
The petitions for the appointment of a guardian and a conservator may be combined and the cause tried in the same manner as a petition for the appointment of a conservator.
[C66, 71, 73, 75, 77, 79, 81, §633.627]
Referred to in §633.27A
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.628 - Same person as guardian and conservator.

633.628 Same person as guardian and conservator.
The same person may be appointed to serve as both guardian and conservator.
[C66, 71, 73, 75, 77, 79, 81, §633.628]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.633 - Provisions applicable to all fiduciaries shall govern.

633.633 Provisions applicable to all fiduciaries shall govern.
The provisions of this probate code applicable to all fiduciaries shall govern the appointment, qualification, oath and bond of guardians and conservators, except that a guardian shall not be required to give bond unless the court, for good cause, finds that the best interests of the ward require a bond. The court shall then fix the terms and conditions of such bond.
[C51, §1496; R60, §2548; C73, §2246; C97, §3197; S13, §3228-d; C24, 27, §12577 – 12579, 12640; C31, 35, §12577 – 12579, 12640, 12644-c9; C39, §12577 – 12579, 12640, 12644.09; C46, 50, 54, 58, 62, §668.5 – 668.7, 671.9, 672.9; C66, 71, 73, 75, 77, 79, §633.634; C81, §633.633]
2005 Acts, ch 38, §51
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.633A - Liability of guardians and conservators.

633.633A Liability of guardians and conservators.
Guardians and conservators shall not be held personally liable for actions or omissions taken or made in the official discharge of the guardian’s or conservator’s duties, except for any of the following:
1. A breach of fiduciary duty imposed by this probate code.
2. Willful or wanton misconduct in the official discharge of the guardian’s or conservator’s duties.
89 Acts, ch 178, §16; 2005 Acts, ch 38, §51
Referred to in §602.8102(105A)
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.633B - Tort liability of guardians and conservators.

633.633B Tort liability of guardians and conservators.
The fact that a person is a guardian or conservator shall not in itself make the person personally liable for damages for the acts of the ward.
89 Acts, ch 178, §17
Referred to in §602.8102(105A)
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.634 - Combination of petitions.

633.634 Combination of petitions.
If, prior to the time of hearing on a petition for the appointment of a guardian or a conservator, a petition is filed under the provisions of section 633.556, 633.557, or 633.591, the court shall combine the hearings on the petitions and determine who shall be appointed guardian or conservator. The petitions shall be triable to the court.
[C66, 71, 73, 75, 77, 79, §633.635; C81, §633.634]
2019 Acts, ch 57, §30, 43, 44; 2020 Acts, ch 1062, §69
2019 amendment 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.636 - Effect of appointment of guardian or conservator.

633.636 Effect of appointment of guardian or conservator.
The appointment of a guardian or conservator shall not constitute an adjudication that the ward is of unsound mind.
[C66, 71, 73, 75, 77, 79, 81, §633.636]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.637 - Powers of ward.

633.637 Powers of ward.
1. A ward for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the ward possesses the requisite testamentary capacity, unless the court determines that the ward has a limited ability to handle the ward’s own funds. If the court makes such a finding, the court shall specify to what extent the ward may possess and use the ward’s own funds.
2. Any modification of the powers of the ward that would be more restrictive of the ward’s control over the ward’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator. Any modification that would be less restrictive of the ward’s control over the ward’s financial affairs shall be based upon proof in accordance with the requirements of section 633.675.
[C66, 71, 73, 75, 77, 79, 81, §633.637]
97 Acts, ch 178, §15; 2019 Acts, ch 24, §88
Referred to in §633.551, 633.596, 633.638
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.637A - Rights of ward under guardianship.

633.637A Rights of ward under guardianship.
An adult ward under a guardianship has the right of communication, visitation, or interaction with other persons upon the consent of the adult ward, subject to section 633.635, subsection 2, paragraph “i”, and section 633.635, subsection 3, paragraph “c”. If an adult ward is unable to give express consent to such communication, visitation, or interaction with a person due to a physical or mental condition, consent of an adult ward may be presumed by a guardian or a court based on an adult ward’s prior relationship with such person.
2015 Acts, ch 59, §3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.638 - Presumption of fraud.

633.638 Presumption of fraud.
If a conservator be appointed, all contracts, transfers and gifts made by the ward after the filing of the petition shall be presumed to be a fraud against the rights and interest of the ward except as otherwise directed by the court pursuant to section 633.637.
[C24, 27, 31, 35, 39, §12622; C46, 50, 54, 58, 62, §670.10; C66, 71, 73, 75, 77, 79, 81, §633.638]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.639 - Title to ward’s property.

633.639 Title to ward’s property.
The title to all property of the ward is in the ward and not the conservator subject, however, to the possession of the conservator and to the control of the court for the purposes of administration, sale or other disposition, under the provisions of the law. Any real property titled at any time in the name of a conservatorship shall be deemed to be titled in the ward’s name subject to the conservator’s right of possession.
[C66, 71, 73, 75, 77, 79, 81, §633.639]
2009 Acts, ch 52, §8, 14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.640 - Conservator’s right to possession.

633.640 Conservator’s right to possession.
Every conservator shall have a right to, and shall take, possession of all of the real and personal property of the ward. The conservator shall pay the taxes and collect the income therefrom until the conservatorship is terminated. The conservator may maintain an action for the possession of the property, and to determine the title to the same.
[C73, §2245; C97, §3196; C24, 27, 31, 35, 39, §12584, 12585; C46, 50, 54, 58, 62, §668.11, 668.12; C66, 71, 73, 75, 77, 79, 81, §633.640]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.641 - Duties of conservator.

633.641 Duties of conservator.
1. A conservator is a fiduciary and has duties of prudence and loyalty to the protected person.
2. In investing and selecting specific property for distribution, a conservator shall consider any estate plan or other donative, nominative, or appointive instrument of the protected person, known to the conservator.
3. If a protected person has executed a valid power of attorney under chapter 633B, the conservator shall act in accordance with the applicable provisions of chapter 633B.
4. The conservator shall report to the department of human services the protected person’s assets and income, if the protected person is receiving medical assistance under chapter 249A. Such reports shall be made upon establishment of a conservatorship for an individual applying for or receiving medical assistance, upon application for benefits on behalf of the protected person, upon annual or semiannual review of continued medical assistance eligibility, when any significant change in the protected person’s assets or income occurs, or as otherwise requested by the department of human services. Written reports shall be provided to the department of human services office for the county in which the protected person resides or the office in which the protected person’s medical assistance is administered.
[C51, §1499; R60, §2551; C73, §2250; C97, §3200; S13, §3228-d; C24, 27, 31, 35, 39, §12581, 12640; C46, 50, 54, 58, 62, §668.9, 671.9; C66, 71, 73, 75, 77, 79, 81, §633.641]
94 Acts, ch 1112, §2; 2019 Acts, ch 57, §32, 43, 44; 2019 Acts, ch 59, §220
2019 amendment by 2019 Acts, ch 572019 Acts, ch 57, is effective 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.642 - Responsibilities of conservator.

633.642 Responsibilities of conservator.
Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice and receive specific prior authorization by the court before the conservator may take any other action on behalf of the protected person. These other powers requiring court approval include the authority of the conservator to:
1. Invest the protected person’s assets consistent with section 633.123.
2. Make gifts on the protected person’s behalf from conservatorship assets to persons or religious, educational, scientific, charitable, or other nonprofit organizations to whom or to which such gifts were regularly made prior to the conservator’s appointment; or on a showing that such gifts would benefit the protected person from the perspective of gift, estate, inheritance, or other taxes. No gift shall be allowed which would foreseeably prevent adequate provision for the protected person’s best interest.
3. Make payments consistent with the conservator’s plan described above directly to the protected person or to others for the protected person’s education and training needs.
4. Use the protected person’s income or assets to provide for any person that the protected person is legally obligated to support.
5. Compromise, adjust, arbitrate, or settle any claim by or against the protected person or the conservator.
6. Make elections for a protected person who is the surviving spouse as provided in sections 633.236 and 633.240.
7. Exercise the right to disclaim on behalf of the protected person as provided in section 633E.5.
8. Sell, mortgage, exchange, pledge, or lease the protected person’s real and personal property consistent with subchapter VII, part 6 of this chapter regarding sale of property from a decedent’s estate.
2019 Acts, ch 57, §33, 43, 44
Referred to in §633.648
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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.643 - Disposal of will by conservator.

633.643 Disposal of will by conservator.
When an instrument purporting to be the will of the ward comes into the hands of a conservator, the conservator shall immediately deliver it to the court.
[C66, 71, 73, 75, 77, 79, 81, §633.643]
Referred to in §633.644, 633.645
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.644 - Court order to preserve testamentary intent of ward.

633.644 Court order to preserve testamentary intent of ward.
Upon receiving an instrument purporting to be the will of a living ward under the provisions of section 633.643, the court may open said will and read it. The court with or without notice, as it may determine, may enter such orders in the conservatorship as it deems advisable for the proper administration of the conservatorship in light of the expressed testamentary intent of the ward.
[C66, 71, 73, 75, 77, 79, 81, §633.644]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.645 - Court to deliver will to clerk.

633.645 Court to deliver will to clerk.
An instrument purporting to be the will of a ward coming into the hands of the court under the provisions of section 633.643, shall thereafter be resealed by the court and be deposited with the clerk to be held by said clerk as provided in sections 633.286 through 633.289.
[C66, 71, 73, 75, 77, 79, 81, §633.645]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.646 - Powers of the conservator without order of court.

633.646 Powers of the conservator without order of court. Repealed by 2019 Acts, ch 57, §41, 43, 44.
2019 repeal 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.647 - Powers of conservator subject to the approval of the court.

633.647 Powers of conservator subject to the approval of the court. Repealed by 2019 Acts, ch 57, §41, 43, 44. See §633.642.
2019 repeal 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.648 - Appointment of attorney in compromise of personal injury settlements.

633.648 Appointment of attorney in compromise of personal injury settlements.
Notwithstanding the provisions of section 633.642, prior to authorizing a compromise of a claim for damages on account of personal injuries to the protected person, the court may order an independent investigation by an attorney other than by the attorney for the conservator. The cost of such investigation, including a reasonable attorney fee, shall be taxed as part of the cost of the conservatorship.
[C66, 71, 73, 75, 77, 79, 81, §633.648]
2019 Acts, ch 57, §34, 43, 44; 2019 Acts, ch 89, §19, 23, 26
2019 amendments by 2019 Acts, ch 572019 Acts, ch 57, and 2019 Acts, ch 892019 Acts, ch 89, 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;
2019 Acts, ch 89, §23, 26
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.649 - Powers of conservators — same as all fiduciaries.

633.649 Powers of conservators — same as all fiduciaries. Repealed by 2019 Acts, ch 57, §41, 43, 44.
2019 repeal 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.650 - Breach of contracts.

633.650 Breach of contracts. Repealed by 2019 Acts, ch 57, §41, 43, 44.
2019 repeal 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.652 - Procedure applicable to personal representatives shall govern.

633.652 Procedure applicable to personal representatives shall govern. Repealed by 2019 Acts, ch 57, §41, 43, 44. See §633.642.
2019 repeal 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.653 - Claims against the ward, the conservatorship, or the conservator in that capacity.

633.653 Claims against the ward, the conservatorship, or the conservator in that capacity.
Claims accruing before or after the appointment of the conservator, and whether arising in contract or tort or otherwise, after being allowed or established as provided in sections 633.654 through 633.656, shall be paid by the conservator from the assets of the conservatorship.
[C66, 71, 73, 75, 77, 79, 81, §633.653]
2020 Acts, ch 1063, §357
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.653A - Claims for cost of medical care or services.

633.653A Claims for cost of medical care or services.
The provision of medical care or services to a ward who is a recipient of medical assistance under chapter 249A creates a claim against the conservatorship for the amount owed to the provider under the medical assistance program for the care or services. The amount of the claim, after being allowed or established as provided in this part, shall be paid by the conservator from the assets of the conservatorship.
93 Acts, ch 106, §9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.654 - Form and verification of claims — general requirements.

633.654 Form and verification of claims — general requirements.
No claim shall be allowed against the estate of a ward upon application of the claimant unless it shall be in writing, filed in duplicate with the clerk, stating the claimant’s name and address, and describing the nature and the amount thereof, if ascertainable. It shall be accompanied by the affidavit of the claimant, or of someone for the claimant, that the amount is justly due, or if not due, when it will or may become due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant, except as therein stated. The duplicate of said claim shall be mailed by the clerk to the conservator or the conservator’s attorney of record; however, valid contract claims arising in the ordinary course of the conduct of the business or affairs of the ward by the conservator may be paid by the conservator without requiring affidavit or filing.
[C66, 71, 73, 75, 77, 79, 81, §633.654]
Referred to in §633.653, 633.664
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.655 - Requirements when claim founded on written instrument.

633.655 Requirements when claim founded on written instrument.
If a claim is founded upon a written instrument, the original of such instrument, or a copy thereof, with all endorsements, must be attached to the claim. The original instrument must be exhibited to the conservator or to the court, upon demand, unless it has been lost or destroyed, in which case, its loss or destruction must be stated in the claim.
[C51, §1359; R60, §2391; C73, §2408; C97, §3338; C24, 27, 31, 35, 39, §11957, 11958; C46, 50, 54, 58, 62, §635.53, 635.54; C66, 71, 73, 75, 77, 79, 81, §633.655]
Referred to in §633.653
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.656 - How claim entitled.

633.656 How claim entitled.
All claims filed against the estate of the ward shall be entitled in the name of the claimant against the conservator as such, naming the conservator, and in all further proceedings thereon, this title shall be preserved.
[C73, §2409; C97, §3339; C24, 27, 31, 35, 39, §11960; C46, 50, 54, 58, 62, §635.56; C66, 71, 73, 75, 77, 79, 81, §633.656]
Referred to in §633.653
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.657 - Filing of claim required.

633.657 Filing of claim required.
The filing of a claim in the conservatorship tolls the statute of limitations applicable to such claim.
[C66, 71, 73, 75, 77, 79, 81, §633.657]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.658 - Compelling payment of claims.

633.658 Compelling payment of claims.
No claimant shall be entitled to compel payment until the claimant’s claim has been duly filed and allowed.
[C66, 71, 73, 75, 77, 79, 81, §633.658]
Referred to in §633.664
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.659 - Allowance by conservator.

633.659 Allowance by conservator.
When a claim has been filed and has been admitted in writing by the conservator, it shall stand allowed, in the absence of fraud or collusion.
[C66, 71, 73, 75, 77, 79, 81, §633.659]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.660 - Execution and levy prohibited.

633.660 Execution and levy prohibited.
No execution shall issue upon, nor shall any levy be made against, any property of the estate of a ward under any judgment against the ward or a conservator, but the provisions of this section shall not be so construed as to prevent the enforcement of a mortgage, pledge, or other lien upon property in an appropriate proceeding.
[C66, 71, 73, 75, 77, 79, 81, §633.660]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.661 - Claims of conservators.

633.661 Claims of conservators.
If the conservator is a creditor of the ward, the conservator shall file the claim as other creditors, and the court shall appoint some competent person as temporary conservator to represent the ward at the hearing on the conservator’s claim. The same procedure shall be followed in the case of coconservators where all such conservators are creditors of the ward; but if one of the coconservators is not a creditor of the ward, such disinterested conservator shall represent the ward at the hearing on any claim against the ward by a coconservator.
[C51, §1369; R60, §2401; C73, §2417; C97, §3346; C24, 27, 31, 35, 39, §11968; C46, 50, 54, 58, 62, §635.64; C66, 71, 73, 75, 77, 79, 81, §633.661]