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DUTIES AND POWERS OF CONSERVATOR

Iowa Code tit. XV, ch. 633, subch. XIV, pt. 4
in effect

Iowa Code § 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 section 633B.108. 4. The conservator shall report to the department of health and 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 health and human services. Written reports shall be provided to the department of health and 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; 2023 Acts, ch 19, §1282; 2024 Acts, ch 1009, §28

Iowa Code § 633.642 Powers of conservator.

633.642. Powers of conservator. 1. An order by the court appointing a conservator shall state the basis for the conservatorship pursuant to section 633.553 or section 633.554. 2. Upon appointment by the court, and until such time as the conservator files an initial financial management plan and such plan is approved by the court as required by section 633.670, subsection 1, a conservator has the authority to exercise all powers applicable to fiduciaries pursuant to sections 633.63 through 633.162, unless expressly modified by the court or as may be specifically expanded by the court for good cause shown. 3. In the order approving an initial financial management plan or an annual report, the court shall approve and set forth the specific powers of a conservator, which may be thereafter exercised by the conservator until further court order. 4. Upon the filing of an appropriate oath by the conservator, the clerk of court shall issue letters of appointment. Upon issuance by the court of an order approving an initial financial management plan, approving an annual report, or further order of the court granting, modifying, limiting, or terminating powers of the conservator, the clerk of court shall issue new letters of appointment and shall attach to the new letters of appointment such order of the court containing the conservator’s powers. 2019 Acts, ch 57, §33, 43, 44; 2024 Acts, ch 1009, §29

Iowa Code § 633.643 Disposal of will by conservator.

633.643. Disposal of will by conservator. When an instrument purporting to be the will of the protected person 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] 2024 Acts, ch 1009, §73

Iowa Code § 633.644 Court order to preserve testamentary intent of protected person.

633.644. Court order to preserve testamentary intent of protected person. Upon receiving an instrument purporting to be the will of a living protected person 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 protected person. [C66, 71, 73, 75, 77, 79, 81, §633.644] 2024 Acts, ch 1009, §74

Iowa Code § 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 protected person 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] 2024 Acts, ch 1009, §75

Iowa Code § 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
Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=633&year=2026Fetched: 10/20/2026

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