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TERMINATION OF GUARDIANSHIPS AND CONSERVATORSHIPS

Iowa Code tit. XV, ch. 633, subch. XIV, pt. 11
in effect

Iowa Code § 633.675 Cause for termination.

633.675. Cause for termination. 1. A guardianship or a conservatorship shall terminate upon the occurrence of any of the following circumstances: a. If the protected person is a minor, when the protected person reaches full age. b. The death of the protected person. c. Upon determination by the court that the conservatorship or guardianship is no longer necessary for any other reason. 2. The court shall terminate a guardianship if it finds that the basis for appointing a guardian pursuant to section 633.552 has not been established. 3. The court shall terminate a conservatorship if the court finds that the basis for appointing a conservator pursuant to section 633.553 or 633.554 is not satisfied. 4. The court shall terminate a conservatorship if it finds by clear and convincing evidence all of the following: a. The value of the protected person’s property is insufficient to justify the cost of administration. b. That continued administration of the conservatorship is not in the best interest of the protected person. c. That a reasonable alternative exists under section 633.678 for managing the protected person’s assets. 5. The standard of proof and the burden of proof to be applied in a termination proceeding shall be the same as set forth in section 633.551, subsection 2. [S13, §3228-e; C24, 27, 31, 35, 39, §12641; C46, 50, 54, 58, 62, §671.10, 672.21; C66, 71, 73, 75, 77, 79, 81, §633.675] 97 Acts, ch 178, §16; 2010 Acts, ch 1143, §3; 2011 Acts, ch 25, §74; 2014 Acts, ch 1048, §2; 2019 Acts, ch 57, §37, 43, 44; 2020 Acts, ch 1063, §361, 362; 2021 Acts, ch 8, §25; 2024 Acts, ch 1009, §33

Iowa Code § 633.676 Assets exhausted.

633.676. Assets exhausted. At any time that the assets of the protected person’s estate do not exceed the amount of the charges and claims against it, the court may direct the conservator to proceed to terminate the conservatorship. [C46, 50, 54, 58, 62, §668.33; C66, 71, 73, 75, 77, 79, 81, §633.676] 2024 Acts, ch 1009, §88

Iowa Code § 633.677 Accounting to protected person — notice.

633.677. Accounting to protected person — notice. Upon the termination of a conservatorship, the conservator shall pay the costs of administration and shall render a full and complete accounting to the protected person or the protected person’s personal representative and to the court. Notice of the final report of a conservator shall be served on the protected person or the protected person’s personal representative, in accordance with section 633.40, unless notice is waived. An order prescribing notice may be made before or after the filing of the final report. [C46, 50, 54, 58, 62, §672.21; C66, 71, 73, 75, 77, 79, 81, §633.677; 81 Acts, ch 193, §6] 2024 Acts, ch 1009, §89

Iowa Code § 633.678 Delivery of assets.

633.678. Delivery of assets. 1. Upon the termination of a conservatorship, all assets of the conservatorship shall be delivered as ordered by the court to any of the following: a. To the person or persons entitled to them. b. To a custodian under a uniform transfers to minor account established for the protected person pursuant to chapter 565B or the laws of any other state. c. To 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. d. To an account owner or participant under a college savings plan account established for the protected person pursuant to Internal Revenue Code section 529 or chapter 12D or the laws of any other state. e. To the account owner under an ABLE account established for the protected person with disabilities pursuant to Internal Revenue Code section 529A or chapter 12I or the laws of any other state. 2. Delivery of the assets of an adult protected person under subsection 1, paragraphs “b” through “e”, shall have the same force and effect as if delivery had been made directly to the person or persons entitled to them. Delivery of the assets of a minor protected person under subsection 1, paragraphs “b” through “e”, shall have the same force and effect as if delivery had been made to the protected person after attaining majority. [C46, 50, 54, 58, 62, §668.33; C66, 71, 73, 75, 77, 79, 81, §633.678] 2021 Acts, ch 8, §26

Iowa Code § 633.679 Petition to terminate — request for voting rights reinstatement.

633.679. Petition to terminate — request for voting rights reinstatement. 1. At any time after the appointment of a guardian or conservator, the person under guardianship or conservatorship may apply to the court by petition, alleging that the person is no longer a proper subject thereof, and asking that the guardianship or conservatorship be terminated. 2. A person under an order appointing a guardian which order found the person incompetent to vote may include a request for reinstatement of the person’s voting rights in a petition to terminate the guardianship or by filing a separate petition for modification of this determination. [C97, §3222; C24, 27, 31, 35, 39, §12623; C46, 50, 54, 58, 62, §670.11; C66, 71, 73, 75, 77, 79, 81, §633.679] 89 Acts, ch 178, §20; 98 Acts, ch 1185, §11; 2010 Acts, ch 1143, §4; 2014 Acts, ch 1048, §3; 2019 Acts, ch 56, §42, 44, 45; 2020 Acts, ch 1063, §363

Iowa Code § 633.680 Limit on application to terminate.

633.680. Limit on application to terminate. If any petition for terminating such guardianship or conservatorship shall be denied, no other petition shall be filed therefor until at least six months shall have elapsed since the denial of the former one. [C97, §3222; C24, 27, 31, 35, 39, §12627; C46, 50, 54, 58, 62, §670.15; C66, 71, 73, 75, 77, 79, 81, §633.680]

Iowa Code § 633.681 Exhausted or minimal assets of minor protected person.

633.681. Exhausted or minimal assets of minor protected person. 1. When the assets of a minor protected person’s conservatorship are exhausted or consist of personal property only of an aggregate value not in excess of fifty thousand dollars, the court, upon application or upon its own motion, may terminate the conservatorship. The order for termination shall direct the conservator to deliver any property remaining after the payment of allowed claims and expenses of administration to a fiduciary acting under one or more of the following accounts: a. A uniform transfer to minor account established for the minor pursuant to chapter 565B or the laws of any other state. b. A uniform custodial trust account established for the minor pursuant to chapter 633F or the laws of any other state. c. A college savings plan account established for the minor pursuant to Internal Revenue Code section 529 or chapter 12D or the laws of any other state. d. An ABLE account established for the minor with disabilities pursuant to Internal Revenue Code section 529A or chapter 12I or the laws of any other state. 2. Such delivery shall have the same force and effect as if delivery had been made to the protected person after attaining majority. [C46, 50, 54, 58, 62, §668.33; C66, 71, 73, 75, 77, 79, 81, §633.681; 82 Acts, ch 1052, §3] 98 Acts, ch 1118, §2; 2005 Acts, ch 38, §30; 2021 Acts, ch 8, §27

Iowa Code § 633.682 Discharge of conservator and release of bond.

633.682. Discharge of conservator and release of bond. Upon settlement of the final accounting of a conservator, and upon determining that the property of the protected person has been delivered to the person or persons lawfully entitled thereto, the court shall discharge the conservator and exonerate the surety on the conservator’s bond. [S13, §3228-h; C24, 27, 31, 35, 39, §12644; C46, 50, 54, 58, 62, §671.13, 672.21; C66, 71, 73, 75, 77, 79, 81, §633.682] 2024 Acts, ch 1009, §90
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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