APPOINTMENT OF GUARDIANS AND CONSERVATORS — MEDIATION IN GUARDIANSHIPS AND CONSERVATORSHIP ACTIONS

Iowa Code tit. XV, ch. 633, subch. XIII, pt. 2

in effect

Iowa Code § 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sufficient mental capacity to comprehend and exercise the right to vote. 2019 Acts, ch 57, §10, 43, 44 Former §633.552 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

Iowa Code § 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

Iowa Code § 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 Former §633.554 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

Iowa Code § 633.555 Procedure in lieu of conservatorship for minor.

633.555. Procedure in lieu of conservatorship for minor. 1. If a conservator has not been appointed for a minor, money due to a minor or other property to which a minor is entitled, not exceeding in the aggregate fifty thousand dollars in value, shall be paid or delivered to one or more of the following: a. A custodian under the uniform transfer to minor account established for the protected person pursuant to chapter 565B or the laws of any other state. b. A custodial trustee under a uniform custodial trust account established for the protected person pursuant to chapter 633F or the laws of any other state. c. An account owner or participant under a college savings plan account established for the protected person pursuant to section 529 of the Internal Revenue Code or chapter 12D. d. The account owner under an ABLE account established for the protected person with disabilities pursuant to section 529A of the Internal Revenue Code or chapter 12I. e. The structured settlement obligor, as defined in section 682.2, of a structured settlement, as defined in section 682.2, established for the benefit of the protected person, where the protected person will not begin receiving payments from the structured settlement prior to reaching age eighteen. 2. If a conservator has not been appointed for a minor, and the money due to a minor or other property to which a minor is entitled exceeds fifty thousand dollars in the aggregate, the property may be paid or delivered in the manner set forth in subsection 1 only if such transfer is authorized by the court. 3. 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 2023 Acts, ch 124, §5, 9 For transfers to minors, small distributions, and exhausted or minimal assets of a minor protected person, see also chapter 565B, §633.108, 633.681 Former §633.555 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43 2023 amendment applies to estates, trusts, and conservatorships in existence on or after July 1, 2023, that were opened or created before, on, or after July 1, 2023; 2023 Acts, ch 124, §9

Iowa Code § 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 respondent and 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. Any additional information relevant to the proceeding may be included in an affidavit attached to the petition. 9. The person listed in the petition for guardianship or conservatorship pursuant to subsections 4, 5, and 6 shall be given notice of the filing of the petition for guardianship or conservatorship pursuant to section 633.558. A person entitled to notice under this subsection does not gain standing in a guardianship or conservatorship proceeding as a result of being entitled to notice unless so ordered by the court. 2019 Acts, ch 57, §13, 43, 44; 2024 Acts, ch 1009, §13 – 15 Former §633.556 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

Iowa Code § 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 Former §633.557 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

Iowa Code § 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 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

Iowa Code § 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 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

Iowa Code § 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 or conservator’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. The hearing may be recorded if a court reporter is not used. 2019 Acts, ch 57, §17, 43, 44; 2024 Acts, ch 1009, §16, 17 Former §633.560 transferred to §633.568; 2019 Acts, ch 57, §42

Iowa Code § 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

Iowa Code § 633.561 Appointment and role of attorney for respondent.

633.561. Appointment and role of attorney for respondent. 1. In a proceeding for the appointment of a guardian or conservator for an adult or a conservator for a minor: a. If the respondent is an adult and is not the petitioner, the respondent is entitled to representation by an attorney. Upon the filing of the petition, the court shall appoint an attorney to represent the respondent, set a hearing on the petition, and provide for notice of the appointment of counsel and the date for hearing. b. If the respondent is the petitioner or an adult under a standby petition, the court shall determine whether, under the circumstances of the case, the respondent is entitled to representation. The determination regarding representation may be made with or without notice to the respondent, as the court deems necessary. If the court determines that the respondent is entitled to representation, the court shall appoint an attorney to represent the respondent. After making the determination regarding representation, the court shall set a hearing on the petition, and provide for notice on the determination regarding representation and the date for hearing. c. The court may take action under paragraph “a” or “b” prior to the service of the original notice upon the respondent. d. The court may reconsider the determination regarding representation upon application by any interested person. e. The court may discharge the attorney appointed by the court if it appears upon the application of the respondent or any other interested person that the respondent has privately retained an attorney who has filed an appearance on behalf of the respondent. 2. The court shall ensure that all respondents entitled to representation have been provided notice of the right to representation and right to be personally present at all proceedings and shall make findings of fact in any order of disposition setting out the manner in which notification was provided. 3. If the respondent is entitled to representation and is indigent or incapable of requesting counsel, the court shall appoint an attorney to represent the respondent. The cost of court appointed counsel for indigents, including the cost of the trial transcript, shall be assessed against the county in which the proceedings are pending. For the purposes of this subsection, the court shall find a person is indigent if the person’s income and resources do not exceed one hundred fifty percent of the federal poverty level or the person would be unable to pay such costs without prejudicing the person’s financial ability to provide economic necessities for the person or the person’s dependents. 4. An attorney appointed pursuant to this section shall: a. Ensure that the respondent has been properly advised of the nature and purpose of the proceeding. b. Advocate for the wishes of the respondent to the extent those wishes are reasonably ascertainable. If the respondent’s wishes are not reasonably ascertainable, the attorney shall advocate for the least restrictive alternative consistent with the respondent’s best interests. c. Ensure that the respondent has been properly advised of the respondent’s rights in a guardianship or conservatorship proceeding. d. Personally interview the respondent. e. File a written report stating whether there is a return on file showing that proper service on the respondent has been made and also stating that specific compliance with paragraphs “a” through “d” has been made or stating the inability to comply by reason of the respondent’s condition. f. Ensure that the guardianship or conservatorship procedures conform to the statutory and due process requirements of Iowa law. 5. In the event that an order of appointment is entered, the attorney appointed pursuant to this section, to the extent possible, shall: a. Inform the respondent of the effects of the order entered for appointment of guardian or conservator. b. Advise the respondent of the respondent’s rights to petition for modification or termination of the guardianship or conservatorship. c. Advise the respondent of the rights retained by the respondent. 6. If the court determines that it would be in the respondent’s best interest to have legal representation with respect to any proceedings in a guardianship or conservatorship, the court may appoint an attorney to represent the respondent at the expense of the respondent or the respondent’s estate, or if the respondent is indigent the cost of the court appointed attorney, including the cost of the trial transcript, shall be assessed against the county in which the proceedings are pending. 7. If the court determines upon application that it is appropriate or necessary, the court may order that the attorney appointed pursuant to this section be given copies of and access to the respondent’s health information by describing with reasonable specificity the health information to be disclosed or accessed, for the purpose of fulfilling the attorney’s responsibilities pursuant to this section. 84 Acts, ch 1299, §12; 85 Acts, ch 29, §3; 85 Acts, ch 148, §7; 89 Acts, ch 178, §10; 2000 Acts, ch 1036, §2; 2012 Acts, ch 1123, §14, 32; 2019 Acts, ch 56, §40, 44, 45; 2019 Acts, ch 57, §20, 43, 44; 2020 Acts, ch 1063, §349, 350; 2023 Acts, ch 124, §6; 2024 Acts, ch 1009, §18

Iowa Code § 633.562 Appointment and role of court visitor.

633.562. Appointment and role of court visitor. 1. If the court determines that the appointment of a court visitor would be in the best interest of the respondent, the court shall appoint a court visitor at the expense of the respondent or the respondent’s estate, or, if the respondent is indigent, the cost of the court visitor shall be assessed against the county in which the proceedings are pending. The court may appoint any qualified person as a court visitor in a guardianship or conservatorship proceeding. 2. The same person shall not serve both as the attorney representing the respondent and as court visitor. 3. Unless otherwise enlarged or circumscribed by the court, the duties of a court visitor with respect to the respondent shall include all of the following: a. Conducting an initial in-person interview with the respondent. b. Explaining to the respondent the substance of the petition, the purpose and effect of the guardianship or conservatorship proceeding, the rights of the respondent at the hearing, and the general powers and duties of a guardian or conservator. c. Determining the views of the respondent regarding the proposed guardian or conservator, the proposed guardian’s or conservator’s powers and duties, and the scope and duration of the proposed guardianship or conservatorship. 4. In addition, if directed by the court, the court visitor shall: a. Interview the petitioner, and if the petitioner is not the proposed guardian or conservator, interview the proposed guardian or conservator. b. Visit, to the extent feasible, the residence where it is reasonably believed that the respondent will live if the appointment of a guardian or conservator is made. c. Make any other investigation the court directs including but not limited to interviewing any persons providing medical, mental health, educational, social, and other services to the respondent. 5. The court visitor shall submit a written report to the court that shall contain all of the following: a. A recommendation regarding the appropriateness of a limited guardianship or conservatorship for the respondent, including whether less restrictive alternatives are available. b. A statement of the qualifications of the guardian or conservator together with a statement of whether the respondent has expressed agreement with the appointment of the proposed guardian or conservator. c. Any other matters the court visitor deems relevant to the petition for guardianship or conservatorship and the best interests of the respondent. d. Any other matters the court directs. 6. The report of the court visitor shall be made part of the court record unless otherwise ordered by the court. 7. A court visitor shall be discharged from all further duties upon appointment of a guardian or conservator unless otherwise ordered by the court. The court may order a court visitor to continue to serve if the court determines continued service would be in the best interest of the protected person. If the court continues the service of the court visitor, the court may limit the direct duties of the court visitor as the court deems necessary. The court visitor shall thereafter continue to serve until discharged by the court. 2019 Acts, ch 57, §21, 43, 44; 2020 Acts, ch 1063, §351; 2024 Acts, ch 1009, §19 Former §633.562 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

Iowa Code § 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 of an adult pursuant to section 633.552 or 633.553 are met. b. The petitioner for a guardianship or conservatorship for an adult or an adult respondent has filed a professional evaluation. c. The court finds that it has sufficient information to determine whether the criteria for a conservatorship of a minor pursuant to section 633.554 are met. d. The petitioner for a conservatorship for a minor or a minor 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; 2024 Acts, ch 1009, §20

Iowa Code § 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, unless a proposed guardian or conservator has undergone the background check required by this section within the twelve months prior to the filing of a petition and the background check has been provided to the court. 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 health and human services, and the department of management, 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; 2023 Acts, ch 19, §1281; 2024 Acts, ch 1009, §21; 2024 Acts, ch 1185, §190

Iowa Code § 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

Iowa Code § 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, §102019 Acts, ch 57, §42 – 44 C2020, §633.566 Former §633.566 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

Iowa Code § 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

Iowa Code § 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 Former §633.568 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

Iowa Code § 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 633.556 or 633.557 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 petitioner and the petitioner’s relationship to the respondent. c. The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected. d. The names and addresses, to the extent known, of any other persons who must be named in the petition for the appointment of a guardian or conservator under section 633.556 or 633.557. e. 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 633.556, 633.557, or 633.560. b. The appointment of a temporary guardian or conservator is necessary to avoid immediate or irreparable harm to the respondent before a hearing with notice to the respondent can be held. c. There is reason to believe that the basis for appointment of guardian or conservator exists under section 633.556 or 633.557. 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. 8. The court may order an extension of the temporary guardianship or conservatorship for up to sixty days for good cause shown, including a showing that a hearing on a petition for a guardianship or conservatorship under section 633.556 or 633.557 cannot be scheduled within sixty days after the order for a temporary guardianship or conservatorship is issued. Prior to or contemporaneously with the filing for an application for the extension of time, the guardian or conservator shall file a report with the court setting forth all of the following: a. All actions conducted by the guardian or conservator on behalf of the protected person from the time of the initial appointment of the guardian up to the time of the report. b. All actions that the guardian or conservator plans to conduct on behalf of the protected person during the sixty-day extension period. 9. The temporary guardian or conservator shall submit any other report the court requires. 2019 Acts, ch 57, §26, 43, 44; 2020 Acts, ch 1063, §355, 356; 2024 Acts, ch 1009, §22, 23 Former §633.569 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

Iowa Code § 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 that the court may grant a guardian the powers set out in section 633.635, subsection 2, and the powers set out in 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 that the court may grant a conservator the powers set out in section 633.642. 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; 2024 Acts, ch 1009, §24 Former §633.570 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43