Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

The secretary of veterans affairs of the United States, the secretary’s successor, or the designee of either, shall be a party in interest in any proceeding for the appointment or removal of a conservator, or for the termination of the conservatorship, and in any suit or other pr…

Upon the trial of an issue arising upon a prayer for the appointment of either a temporary or a permanent conservator, a certificate of the secretary of the United States department of veterans affairs, or the secretary’s representative, setting forth the fact that the defendant …

In administering moneys paid by the United States department of veterans affairs, the conservator, unless it is a bank or trust company qualified to act as a fiduciary in this state, shall execute and file with the clerk a bond by a recognized surety company equal to such moneys …

The petitions for the appointment of a guardian and a conservator may be combined and the cause tried in the same manner as a petition for the appointment of a conservator. [C66, 71, 73, 75, 77, 79, 81, §633.627 ] Referred to in §633.27A

The same person may be appointed to serve as both guardian and conservator. [C66, 71, 73, 75, 77, 79, 81, §633.628 ]

1. Any natural person of full age, who is a resident of this state, is qualified to serve as a fiduciary, except any of the following: a. A person who is incompetent. b. Any other person whom the court determines to be unsuitable. 2. Banks and trust companies organized under the …

The provisions of this probate code applicable to all fiduciaries shall govern the appointment, qualification, oath, and bond of guardians and conservators, except that a guardian shall not be required to give bond unless the court, for good cause, finds that the best interests o…

Guardians and conservators shall not be held personally liable for actions or omissions taken or made in the official discharge of the guardian’s or conservator’s duties, except for any of the following: 1. A breach of fiduciary duty imposed by this probate code. 2. Willful or wa…

The fact that a person is a guardian or conservator shall not in itself make the person personally liable for damages for the acts of the protected person. 89 Acts, ch 178, §17 ; 2024 Acts, ch 1009, §66 Referred to in §602.8102(105A)

If, prior to the time of hearing on a petition for the appointment of a guardian or a conservator, a petition is filed under the provisions of section 633.556 , 633.557 , or 633.591 , the court shall combine the hearings on the petitions and determine who shall be appointed guard…

1. The order by the court appointing a guardian shall state the factual basis for the guardianship pursuant to section 633.552 and the date on which the first reporting period for the guardianship shall end. 2. An order by the court appointing a guardian for an adult shall state …

The appointment of a guardian or conservator shall not constitute an adjudication that the protected person is of unsound mind. [C66, 71, 73, 75, 77, 79, 81, §633.636 ] 2024 Acts, ch 1009, §67

1. A protected person for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the protected person possesses the requisite testamentary capacity, unless the court determines that the prote…

An adult protected person under a guardianship has the right of communication, visitation, or interaction with other persons upon the consent of the adult protected person, subject to section 633.635, subsection 2 , paragraph “i” , and section 633.635, subsection 3 , paragraph “c…

If a conservator be appointed, all contracts, transfers, and gifts made by the protected person after the filing of the petition shall be presumed to be a fraud against the rights and interest of the protected person except as otherwise directed by the court pursuant to section 6…

The title to all property of the protected person is in the protected person and not the conservator subject, however, to the possession of the conservator and to the control of the court for the purposes of administration, sale, or other disposition, under the provisions of the …

The court may, upon application, appoint the following nonresidents as fiduciaries: 1. Natural persons. A natural person who is a nonresident of this state and who is otherwise qualified under the provisions of section 633.63 , provided a resident fiduciary is appointed to serve …

Every conservator shall have a right to, and shall take, possession of all of the real and personal property of the protected person. The conservator shall pay the taxes and collect the income therefrom until the conservatorship is terminated. The conservator may maintain an acti…

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 …

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 ap…

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 Referred to in §633.644 , 633.645

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 …

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 63…

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. Th…

When any fiduciary is, or becomes, disqualified under sections 633.63 and 633.64 , has mismanaged the estate, failed to perform any duty imposed by law, or by any lawful order of court, or ceases to be a resident of the state, then the court may remove the fiduciary. The court ma…

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. …

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…

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 sh…

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 destroy…

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, …

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 ]

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 ] Referred to in §633.664

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 ]

When any fiduciary fails to qualify, dies, is removed by the court, or resigns, and such resignation is accepted by the court, the court may, and if the fiduciary were the sole or last surviving fiduciary, and the administration has not been completed, the court shall appoint ano…

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 mo…

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 proc…

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

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,…

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

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 …

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, §2…

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 cons…

For good cause shown and under order of court, a conservator may make gifts on behalf of the protected person out of the assets under a conservatorship to persons or religious, educational, scientific, charitable, or other nonprofit organizations to whom or to which such gifts we…

1. A guardian appointed by the court under this chapter shall file with the court the following verified reports which shall not be waived by the court: a. The reports must be based on the needs of the protected person and take into account the best interest of the protected pers…

When the instrument creating the estate or trust requires two or more fiduciaries, and a vacancy occurs on account of the death, resignation, or removal of one of the fiduciaries, during the period of the vacancy thus created, the remaining fiduciary or fiduciaries shall have all…

1. Except as otherwise ordered by the court under subsection 7 , a conservator shall file a verified initial financial management plan for protecting, managing, investing, expending, and distributing the assets of the conservatorship estate within ninety days after appointment, w…