CLAIMS

Iowa Code tit. XV, ch. 633, subch. XIV, pt. 6

in effect

Iowa Code § 633.653 Claims against protected person, conservatorship, or conservator in that capacity.

633.653. Claims against protected person, conservatorship, or conservator in that capacity. Claims accruing before or after the appointment of the conservator, and whether arising in contract or tort or otherwise, after being allowed or established as provided in sections 633.654 through 633.656, shall be paid by the conservator from the assets of the conservatorship. [C66, 71, 73, 75, 77, 79, 81, §633.653] 2020 Acts, ch 1063, §357

Iowa Code § 633.653A Claims for cost of medical care or services.

633.653A. Claims for cost of medical care or services. The provision of medical care or services to a protected person who is a recipient of medical assistance under chapter 249A creates a claim against the conservatorship for the amount owed to the provider under the medical assistance program for the care or services. The amount of the claim, after being allowed or established as provided in this part, shall be paid by the conservator from the assets of the conservatorship. 93 Acts, ch 106, §92024 Acts, ch 1009, §76

Iowa Code § 633.654 Form and verification of claims — general requirements.

633.654. Form and verification of claims — general requirements. No claim shall be allowed against the estate of a protected person upon application of the claimant unless it shall be in writing, filed in duplicate with the clerk, stating the claimant’s name and address, and describing the nature and the amount thereof, if ascertainable. It shall be accompanied by the affidavit of the claimant, or of someone for the claimant, that the amount is justly due, or if not due, when it will or may become due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant, except as therein stated. The duplicate of said claim shall be mailed by the clerk to the conservator or the conservator’s attorney of record; however, valid contract claims arising in the ordinary course of the conduct of the business or affairs of the protected person by the conservator may be paid by the conservator without requiring affidavit or filing. [C66, 71, 73, 75, 77, 79, 81, §633.654] 2024 Acts, ch 1009, §77

Iowa Code § 633.655 Requirements when claim founded on written instrument.

633.655. Requirements when claim founded on written instrument. If a claim is founded upon a written instrument, the original of such instrument, or a copy thereof, with all endorsements, must be attached to the claim. The original instrument must be exhibited to the conservator or to the court, upon demand, unless it has been lost or destroyed, in which case, its loss or destruction must be stated in the claim. [C51, §1359; R60, §2391; C73, §2408; C97, §3338; C24, 27, 31, 35, 39, §11957, 11958; C46, 50, 54, 58, 62, §635.53, 635.54; C66, 71, 73, 75, 77, 79, 81, §633.655]

Iowa Code § 633.656 How claim entitled.

633.656. How claim entitled. All claims filed against the estate of the protected person shall be entitled in the name of the claimant against the conservator as such, naming the conservator, and in all further proceedings thereon, this title shall be preserved. [C73, §2409; C97, §3339; C24, 27, 31, 35, 39, §11960; C46, 50, 54, 58, 62, §635.56; C66, 71, 73, 75, 77, 79, 81, §633.656] 2024 Acts, ch 1009, §78

Iowa Code § 633.657 Filing of claim required.

633.657. Filing of claim required. The filing of a claim in the conservatorship tolls the statute of limitations applicable to such claim. [C66, 71, 73, 75, 77, 79, 81, §633.657]

Iowa Code § 633.658 Compelling payment of claims.

633.658. Compelling payment of claims. No claimant shall be entitled to compel payment until the claimant’s claim has been duly filed and allowed. [C66, 71, 73, 75, 77, 79, 81, §633.658]

Iowa Code § 633.659 Allowance by conservator.

633.659. Allowance by conservator. When a claim has been filed and has been admitted in writing by the conservator, it shall stand allowed, in the absence of fraud or collusion. [C66, 71, 73, 75, 77, 79, 81, §633.659]

Iowa Code § 633.660 Execution and levy prohibited.

633.660. Execution and levy prohibited. No execution shall issue upon, nor shall any levy be made against, any property of the estate of a protected person under any judgment against the protected person or a conservator, but the provisions of this section shall not be so construed as to prevent the enforcement of a mortgage, pledge, or other lien upon property in an appropriate proceeding. [C66, 71, 73, 75, 77, 79, 81, §633.660] 2024 Acts, ch 1009, §79

Iowa Code § 633.661 Claims of conservators.

633.661. Claims of conservators. If the conservator is a creditor of the protected person, the conservator shall file the claim as other creditors, and the court shall appoint some competent person as temporary conservator to represent the protected person at the hearing on the conservator’s claim. The same procedure shall be followed in the case of coconservators where all such conservators are creditors of the protected person; but if one of the coconservators is not a creditor of the protected person, such disinterested conservator shall represent the protected person at the hearing on any claim against the protected person by a coconservator. [C51, §1369; R60, §2401; C73, §2417; C97, §3346; C24, 27, 31, 35, 39, §11968; C46, 50, 54, 58, 62, §635.64; C66, 71, 73, 75, 77, 79, 81, §633.661] 2024 Acts, ch 1009, §80

Iowa Code § 633.662 Claims not filed.

633.662. Claims not filed. The conservator may pay any valid claim against the estate of the protected person even though such claim has not been filed, but all such payments made by the conservator shall be at the conservator’s own peril. [C66, 71, 73, 75, 77, 79, 81, §633.662] 2024 Acts, ch 1009, §81

Iowa Code § 633.663 Waiver of statute of limitations by conservator.

633.663. Waiver of statute of limitations by conservator. It shall be within the discretion of the conservator to determine whether or not the applicable statute of limitation shall be invoked to bar a claim which the conservator believes to be just, and the conservator’s decision as to the invoking of such statute shall be final. [C66, 71, 73, 75, 77, 79, 81, §633.663]

Iowa Code § 633.664 Liens not affected by failure to file claim.

633.664. Liens not affected by failure to file claim. Nothing in sections 633.654 and 633.658 shall affect or prevent an action or proceeding to enforce any mortgage, pledge, or other lien upon the property of the protected person. [C66, 71, 73, 75, 77, 79, 81, §633.664] 2024 Acts, ch 1009, §82

Iowa Code § 633.665 Separate actions and claims.

633.665. Separate actions and claims. 1. Any action pending against the protected person at the time the conservator is appointed shall also be considered a claim filed in the conservatorship if notice of substitution is served on the conservator as defendant and a duplicate of the proof of service of notice of such proceeding is filed in the conservatorship proceeding. 2. A separate action based on a debt or other liability of the protected person may be commenced against the conservator in lieu of filing a claim in the conservatorship. Such an action shall be commenced by serving an original notice on the conservator and filing a duplicate of the proof of service of notice of such proceeding in the conservatorship proceeding. Such an action shall also be considered a claim filed in the conservatorship. Such an action may be commenced only in a county where the venue would have been proper if there were no conservatorship and the action had been commenced against the protected person. [C66, 71, 73, 75, 77, 79, 81, §633.665] 2019 Acts, ch 24, §89; 2024 Acts, ch 1009, §83

Iowa Code § 633.666 Denial and contest of claims.

633.666. Denial and contest of claims. The provisions of sections 633.438 through 633.448 shall be applicable to the denial and contest of claims against conservatorships, but shall not be applicable to actions continued or commenced under section 633.665. [C66, 71, 73, 75, 77, 79, 81, §633.666] 2019 Acts, ch 59, §221

Iowa Code § 633.667 Payment of claims in insolvent conservatorships.

633.667. Payment of claims in insolvent conservatorships. When it appears that the assets in a conservatorship are insufficient to pay in full all the claims against such conservatorship, the conservator shall report such matter to the court, and the court shall, upon hearing, with notice to all persons who have filed claims in the conservatorship, make an order for the pro rata payment of claims giving claimants the same priority, if any, as they would have if the protected person were not under conservatorship. [R60, §1455; C73, §2278; C97, §3227; C24, 27, 31, 35, 39, §12630; C46, 50, 54, 58, 62, §670.18; C66, 71, 73, 75, 77, 79, 81, §633.667] 2024 Acts, ch 1009, §84

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