reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.516 - Rights of absentee barred — sale by spouse.

633.516 Rights of absentee barred — sale by spouse.
An order establishing the death of an absentee forever bars the rights of homestead and distributive share of the absentee, and the absentee’s interest in and to any real estate owned or held by the spouse of the absentee, and in which the spouse may have a legal or equitable interest. Conveyance of any such real estate by the spouse, after four months from date of publication of second notice of the appointment of a personal representative, is free and clear of any claim or right of homestead or distributive share on the part of the absentee.
[S13, §3307-b; C24, 27, 31, 35, 39, §11911; C46, 50, 54, 58, 62, §634.11; C66, 71, 73, 75, 77, 79, 81, §633.516]
84 Acts, ch 1080, §14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.517 - Missing soldiers or sailors — presumption of death.

633.517 Missing soldiers or sailors — presumption of death.
1. A written finding of presumed death, made by the secretary of defense, or other officer or employee of the United States authorized to make such finding, pursuant to the federal Missing Persons Act, 56 Stat. 143, 1092, and Pub. L. No. 408, Ch. 371, 2d Session 78th Congress codified at 10 U.S.C. §1501 et seq., as now or hereafter amended, or a duly certified copy of such a finding, shall be received in any court, office, or other place in this state, as evidence of the death of the person therein found to be dead, and of the date, circumstances, and place of the disappearance.
2. An official written report or record, or a duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States authorized by the Act referred to in subsection 1 of this section, or by any other law of the United States, to make such a report or record, shall be received in any court, office or other place in this state as evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, as the case may be.
3. For the purposes of subsections 1 and 2 of this section, any finding, report, or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said subsections, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing the same shall prima facie be deemed to have acted within the scope of the person’s authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of the person’s authority so to certify.
[C46, 50, 54, 58, 62, §634.12; C66, 71, 73, 75, 77, 79, 81, §633.517]
2010 Acts, ch 1061, §77; 2015 Acts, ch 29, §108
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.518 - Presumption of death — petition and inquiry.

633.518 Presumption of death — petition and inquiry.
If a petition is presented by an interested person to a district judge or magistrate alleging that a designated person has disappeared and after a diligent search cannot be found, and if it appears to the satisfaction of the judge or magistrate that the circumstances surrounding the disappearance afford reasonable grounds for the belief that the person has suffered death from accidental or other violent means, the judge or magistrate shall summon and impanel a jury of six qualified persons to inquire into the facts surrounding and the presumption to be raised from the disappearance. If no one submits a petition within forty days of the reported disappearance, a judge or magistrate may submit the petition from personal knowledge of the case.
2002 Acts, ch 1108, §28
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.519 - Presumption of death — verdict and entry of order.

633.519 Presumption of death — verdict and entry of order.
If a jury in an inquiry regarding the disappearance of an individual renders a unanimous verdict in writing that sufficient evidence has been presented to them from which it fairly may be presumed that the missing person has met death, and if the judge or magistrate concurs in the verdict, then, after a period of six months has elapsed, the person shall be presumed to be dead and the judge or magistrate shall enter an order to that effect. However, in cases where there is clear and convincing evidence of the presumed death, the judge or magistrate may enter the order prior to the elapsing of the six-month period.
2002 Acts, ch 1108, §29
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.520 - Presumption of death — natural or man-made disaster.

633.520 Presumption of death — natural or man-made disaster.
A written finding of presumed death of a person resulting from a natural or man-made disaster, made by a local, state, or federal officer or employee authorized to make such a finding, or a duly certified copy of such a finding, shall be received by a judge or magistrate as evidence of the death of the person therein found to be dead, and of the date, circumstances, and place of the disappearance. Upon receipt of such evidence the judge or magistrate may enter an order of presumption of death of the person. Upon presentation of a certified court order, a certificate of death shall be filed pursuant to section 144.26.
2002 Acts, ch 1108, §30
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.523 - No sufficient evidence of survivorship.

633.523 No sufficient evidence of survivorship.
Where the title to property or the devolution thereof depends upon priority of death, and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if the person had survived, except as provided otherwise in sections 633.524 through 633.527.
[C46, 50, 54, 58, 62, §637.1; C66, 71, 73, 75, 77, 79, 81, §633.523]
2021 Acts, ch 80, §363
Referred to in §633.527, 633.528, 633A.4704
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.524 - Beneficiaries of another person’s disposition of property.

633.524 Beneficiaries of another person’s disposition of property.
Where two or more beneficiaries are designated to take successively, by reason of survivorship, under another person’s disposition of property, and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries, and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
[C46, 50, 54, 58, 62, §637.2; C66, 71, 73, 75, 77, 79, 81, §633.524]
Referred to in §633.523, 633.527, 633.528, 633A.4704
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.525 - Joint tenants.

633.525 Joint tenants.
Where there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
[C46, 50, 54, 58, 62, §637.3; C66, 71, 73, 75, 77, 79, 81, §633.525]
Referred to in §633.523, 633.528, 633A.4704
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.526 - Insurance policies.

633.526 Insurance policies.
Where the insured and the beneficiary in a policy of life or accident insurance have died, and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
[C46, 50, 54, 58, 62, §637.4; C66, 71, 73, 75, 77, 79, 81, §633.526]
Referred to in §633.523, 633.527, 633.528, 633A.4704
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.527 - Limitation of application.

633.527 Limitation of application.
Sections 633.523, 633.524, and 633.526 shall not apply in the case of wills, living trusts, deeds, contracts of insurance, or other contracts wherein provision has been made for distribution of property different from the provisions of those sections.
[C46, 50, 54, 58, 62, §637.6; C66, 71, 73, 75, 77, 79, 81, §633.527]
2003 Acts, ch 95, §5
Referred to in §633.523, 633.528, 633A.4704
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.528 - Uniformity of interpretation.

633.528 Uniformity of interpretation.
Sections 633.523 through 633.527 shall be so construed and interpreted as to effectuate their general purpose to make uniform the law relating to simultaneous death.
[C46, 50, 54, 58, 62, §637.7; C66, 71, 73, 75, 77, 79, 81, §633.528]
2020 Acts, ch 1063, §347
Referred to in §633A.4704
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.535 - Person causing death or injury.

633.535 Person causing death or injury.
1. A person who intentionally and unjustifiably causes or procures the death of another shall not receive any property, benefit, or other interest by reason of the death as an heir, distributee, beneficiary, appointee, or in any other capacity whether the property, benefit, or other interest passed under any form of title registration, testamentary or nontestamentary instrument, intestacy, renunciation, or any other circumstance. The property, benefit, or other interest shall pass as if the person causing death died before the decedent.
2. A joint tenant who intentionally and unjustifiably causes or procures the death of another joint tenant which affects their interests so that the share of the decedent passes as the decedent’s property has no rights by survivorship. This provision applies to joint tenancies and tenancies by the entireties in real and personal property, joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions, and any other form of co-ownership with survivorship rights.
3. A named beneficiary of a bond, life insurance policy, or life insurance contract who intentionally and unjustifiably causes or procures the death of the principal obligee or person upon whose life the policy is issued or whose death generates the benefits under the bond or contract is not entitled to any benefit under the bond, policy, or contract, and the benefits become payable as though the person causing death had predeceased the decedent.
4. a. A named beneficiary of a bond, life insurance policy, or life insurance contract convicted of a felony referenced in paragraph “d” that was perpetrated against the principal obligee or person upon whose life the policy is issued or whose death generates the benefits, in the six months immediately prior to the obligee’s or person’s death, is not entitled to any benefit under the bond, policy, or contract.
b. The procedure set out in section 633.536 applies and the benefits become payable as though the convicted obligee or person had predeceased the decedent.
c. However, a principal obligee or person upon whose life the policy is issued or whose death generates the benefits, in the six months immediately prior to the obligee’s or person’s death, may affirm by a signed, notarized affidavit that the beneficiary should receive any benefit under the bond, policy, or contract despite a felony conviction referenced in this subsection.
d. This subsection applies to a conviction for any of the following felonies:
(1) Any felony contained in chapter 707.
(2) Any felony contained in chapter 708.
(3) Any felony contained in chapter 709.
(4) Any felony contained in chapter 710.
(5) Any felony contained in chapter 710A.
[C97, §3386; S13, §3386; C24, 27, 31, 35, 39, §12032; C46, 50, 54, 58, 62, §636.47; C66, 71, 73, 75, 77, 79, 81, §633.535]
87 Acts, ch 9, §1; 88 Acts, ch 1134, §111; 2017 Acts, ch 123, §1, 2
Referred to in §633.536, 633.537
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.536 - Procedure to deny benefits to a person causing death or injury.

633.536 Procedure to deny benefits to a person causing death or injury.
A determination under section 633.535 may be made by any court of competent jurisdiction by a preponderance of the evidence separate and apart from any criminal proceeding arising from the death. However, such a civil proceeding shall not proceed to trial, and the person causing death is not required to submit to discovery in such a civil proceeding until the criminal proceeding has been finally determined by the trial court, or in the event no criminal charge has been brought, until six months after the date of death. A person convicted of murder or voluntary manslaughter of the decedent is conclusively presumed to have intentionally and unjustifiably caused the death for purposes of this section and section 633.535.
[C97, §3386; S13, §3386; C24, 27, 31, 35, 39, §12033; C46, 50, 54, 58, 62, §636.48; C66, 71, 73, 75, 77, 79, 81, §633.536]
87 Acts, ch 9, §2
Referred to in §633.535
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.537 - Third party nonliability.

633.537 Third party nonliability.
Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of section 633.535 unless prior to payment it has received at its home office or principal address written notice of the claimed applicability of section 633.535.
[C97, §3386; S13, §3386; C24, 27, 31, 35, 39, §12034; C46, 50, 54, 58, 62, §636.49; C66, 71, 73, 75, 77, 79, 81, §633.537]
87 Acts, ch 9, §3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.543 - Proceedings for escheat.

633.543 Proceedings for escheat.
When the court has reason to believe that any property of the estate of a decedent within the county should by law escheat, the court must forthwith inform the attorney general of the state of Iowa thereof, and appoint some suitable person as personal representative to take charge of such property, unless a personal representative has already been appointed.
[C51, §1443; R60, §2468; C73, §2461; C97, §3388; C24, 27, 31, 35, 39, §12036; C46, 50, 54, 58, 62, §636.51; C66, 71, 73, 75, 77, 79, 81, §633.543]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.544 - Notice to persons interested.

633.544 Notice to persons interested.
The personal representative must give such notice of the death of the deceased, and of the amount and kind of property left by the decedent within the state, as, in the opinion of the court appointing the personal representative shall be best calculated to notify those interested, or supposed to be interested, in the property.
[C51, §1444; R60, §2469; C73, §2462; C97, §3389; C24, 27, 31, 35, 39, §12037; C46, 50, 54, 58, 62, §636.52; C66, 71, 73, 75, 77, 79, 81, §633.544]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.545 - Sale — proceeds.

633.545 Sale — proceeds.
If within six months from the giving of notice, a claimant does not appear, the property may be sold and the proceeds paid over by the personal representative to the department of administrative services for the benefit of the permanent school fund.
[C51, §1445; R60, §2470; C73, §2463; C97, §3390; C24, 27, 31, 35, 39, §12038; C46, 50, 54, 58, 62, §636.53; C66, 71, 73, 75, 77, 79, 81, §633.545]
83 Acts, ch 185, §56, 62; 88 Acts, ch 1134, §112; 2003 Acts, ch 145, §286
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.546 - Payment to person entitled.

633.546 Payment to person entitled.
The money or any portion of it shall be paid at any time within ten years after the sale of the property or the appropriation of the money, but not afterwards, to anyone showing entitlement thereto.
[C51, §1446; R60, §2471; C73, §2464; C97, §3391; C24, 27, 31, 35, 39, §12039; C46, 50, 54, 58, 62, §636.54; C66, 71, 73, 75, 77, 79, 81, §633.546]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.551 - General provisions.

633.551 General provisions.
1. The determination of incompetency of the adult respondent to a petition for guardianship or conservatorship or an adult subject to guardianship or conservatorship shall be supported by clear and convincing evidence.
2. The burden of persuasion is on the petitioner in an initial proceeding to appoint a guardian or conservator. In a proceeding to modify or terminate a guardianship or conservatorship, if the guardian or conservator is the petitioner, the burden of persuasion remains with the guardian or conservator. In a proceeding to terminate a guardianship or conservatorship, if the protected person is the petitioner, the protected person shall make a prima facie showing of some decision-making capacity. Once a prima facie showing is made, the burden of persuasion is on the guardian or conservator to show by clear and convincing evidence that the protected person is incompetent.
3. In determining whether a guardianship or conservatorship is to be established, modified, or terminated, the district court shall consider if a limited guardianship or conservatorship pursuant to section 633.635 or 633.637 is appropriate. In making the determination, the court shall make findings of fact to support the powers conferred on the guardian or conservator.
4. In proceedings to establish, modify, or terminate a guardianship or conservatorship, in determining if the respondent or protected person is incompetent as defined in section 633.3, the court shall consider credible evidence as to whether there are other less restrictive alternatives, including third-party assistance, that would meet the needs of the respondent or the protected person. However, neither party to the action shall have the burden to produce such evidence relating to other less restrictive alternatives, including but not limited to third-party assistance.
5. Except as otherwise provided in sections 633.672 and 633.673, in proceedings to establish a guardianship or conservatorship, the costs, including attorney fees, court visitor fees, and expert witness fees, shall be assessed against the respondent or the respondent’s estate unless the proceeding is dismissed either voluntarily or involuntarily, in which case fees and costs may be assessed against the petitioner for good cause shown.
6. Except as otherwise provided in this subchapter, the Iowa rules of civil procedure shall govern proceedings to establish, modify, or terminate a guardianship or conservatorship.
97 Acts, ch 178, §4; 2007 Acts, ch 134, §15, 28; 2019 Acts, ch 57, §9, 43, 44; 2020 Acts, ch 1062, §66
Referred to in §633.552, 633.553, 633.635, 633.675, 633.717
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 633.552 - Basis for appointment of guardian for an adult.

633.552 Basis for appointment of guardian for an adult.
1. On petition and after notice and hearing, the court may appoint a guardian for an adult if the court finds by clear and convincing evidence that all of the following are true:
a. The decision-making capacity of the respondent is so impaired that the respondent is unable to care for the respondent’s safety, or to provide for necessities such as food, shelter, clothing, or medical care without which physical injury or illness may occur.
b. The appointment of a guardian is in the best interest of the respondent.
2. Section 633.551 applies to the appointment of a guardian under subsection 1.
3. If the court appoints a guardian based upon the mental incapacity of the protected person because the protected person has an intellectual disability, as defined in section 4.1, the court shall make a separate determination as to the protected person’s competency to vote. The court shall find a protected person incompetent to vote only upon determining that the person lacks sufficient mental capacity to comprehend and exercise the right to vote.
2019 Acts, ch 57, §10, 43, 44
Referred to in §48A.2, 229.27, 235B.18, 622.10, 633.567, 633.569, 633.635, 633.675, 633B.102
Former §633.552 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 633.553 - Basis for appointment of conservator for an adult.

633.553 Basis for appointment of conservator for an adult.
1. On petition and after notice and hearing, the court may appoint a conservator for an adult if the court finds by clear and convincing evidence that both of the following are true:
a. The decision-making capacity of the respondent is so impaired that the respondent is unable to make, communicate, or carry out important decisions concerning the respondent’s financial affairs.
b. The appointment of a conservator is in the best interest of the respondent.
2. Section 633.551 applies to the appointment of a conservatorship under subsection 1.
2019 Acts, ch 57, §11, 43, 44
Referred to in §633.567, 633.569, 633.675, 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.554 - Basis for appointment of conservator for a minor.

633.554 Basis for appointment of conservator for a minor.
On petition and after notice, the court may appoint a conservator for a minor if the court finds by a preponderance of the evidence that the appointment is in the best interest of the minor and any of the following is true:
1. The minor has funds or other property requiring management or protection that otherwise cannot be provided.
2. The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor’s age.
3. A conservator is needed to obtain or provide funds or other property.
2019 Acts, ch 57, §12, 43, 44
Referred to in §633.569, 633.675, 633B.102
Former §633.554 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 633.555 - Procedure in lieu of conservatorship for a minor.

633.555 Procedure in lieu of conservatorship for a minor.
If a conservator has not been appointed for a minor, money due a minor or other property to which a minor is entitled, not exceeding in the aggregate twenty-five thousand dollars in value, shall be paid or delivered to a custodian under any uniform transfers to minors Act. The written receipt of the custodian constitutes an acquittance of the person making the payment of money or delivery of property.
[C51, §1493, 1494; R60, §2545, 2546; C73, §2243; C97, §3194; C24, 27, 31, 35, 39, §12575; C46, 50, 54, 58, 62, §668.3; C66, 71, 73, 75, 77, 79, 81, §633.574; 82 Acts, ch 1052, §2]
84 Acts, ch 1067, §48; 95 Acts, ch 63, §6; 2005 Acts, ch 38, §29; 2019 Acts, ch 57, §28, 42 – 44
C2020, §633.555
See also chapter 565B, §633.108, 633.681
Former §633.555 repealed effective January 1, 2020, by
2019 Acts, ch 57, §41, 43
Section transferred from §633.574 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633 - PROBATE CODE › Section 633.563 - Court-ordered professional evaluation.

633.563 Court-ordered professional evaluation.
1. At or before a hearing on a petition for the appointment of a guardian or conservator or the modification or termination of a guardianship or conservatorship, the court shall order a professional evaluation of the respondent unless one of the following criteria is met:
a. The court finds it has sufficient information to determine whether the criteria for a guardianship or conservatorship are met.
b. The petitioner or respondent has filed a professional evaluation.
2. Notwithstanding subsection 1, if the respondent has filed a professional evaluation and the court determines an additional professional evaluation will assist the court in understanding the decision-making capacity and functional abilities and limitations of the respondent, the court may order a professional evaluation of the respondent.
3. If the court orders an evaluation, the evaluation shall be conducted by a licensed physician, psychologist, social worker, or other individual who is qualified to conduct an evaluation appropriate for the respondent being assessed.
4. Unless otherwise directed by the court, the report must contain all of the following:
a. A description of the nature, type, and extent of the respondent’s cognitive and functional abilities and limitation.
b. An evaluation of the respondent’s mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills.
c. A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan.
d. The evaluator’s qualifications to evaluate the respondent’s cognitive and functional abilities limitations and lack of conflict of interest.
e. The date of examination on which the report is based.
5. The cost of the professional evaluation shall be paid by the respondent unless the respondent is indigent as defined in section 633.561, subsection 3, in which case the costs shall be paid by the county in which the proceedings are pending or unless the court orders otherwise.
6. At the request of the respondent, the court shall seal the record of the results of the evaluation ordered by the court subject to the exceptions in subsection 7.
7. The results of the evaluation ordered by the court shall be filed with the court and made available to the following:
a. The respondent and the respondent’s attorney.
b. The petitioner and the petitioner’s attorney.
c. A court visitor as described in section 633.562.
d. Other persons for good cause shown for such purposes as the court may order.
2019 Acts, ch 57, §22, 43, 44; 2020 Acts, ch 1062, §68; 2020 Acts, ch 1063, §352; 2021 Acts, ch 76, §146
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 633.564 - 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
2023 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
2023 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
2023 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
2023 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