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

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 c…

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 ] 202…

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…

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 prote…

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 terminate…

When a successor fiduciary is appointed, the successor shall have all the rights, powers, titles and duties of the predecessor, except that the successor shall not exercise powers given in the instrument creating the powers that by its express terms are personal to the fiduciary …

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…

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 …

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 …

The substitution of a fiduciary shall occasion no delay in the administration of an estate. The periods herein specified within which acts are to be performed after the appointment of a fiduciary shall, unless otherwise ordered by the court, be computed from the issuing of the le…

Upon the removal of any fiduciary, the fiduciary shall be required by order of the court to deliver to the person who may be entitled thereto all the property in the fiduciary’s hands or under the fiduciary’s control belonging to the estate, and if the fiduciary fails or refuses …

This subchapter shall be known and may be cited as the “Iowa Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act” . 2010 Acts, ch 1086, §1, 24, 25 ; 2018 Acts, ch 1041, §127

As used in this subchapter , unless the context otherwise requires: 1. “Adult” means an individual who is eighteen years of age or older. 2. “Conservator” means a person appointed by the court to have the custody and control of the property of an adult under the provisions of thi…

A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part and parts 2 , 3 , and 5 . 2010 Acts, ch 1086, §3, 24, 25

1. A court of this state may communicate with a court in another state concerning a proceeding arising under this subchapter . The court may allow the parties to participate in the communication. Except as otherwise provided in subsection 2 , the court shall make a record of the …

1. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: a. Hold an evidentiary hearing. b. Order a person in the other state to produce evidence or give testimony pursuant to…

1. In addition to other procedures that may be available in a guardianship or protective proceeding, the testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on i…

As used in this part , unless the context otherwise requires: 1. “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authori…

In determining whether a respondent has a significant connection with a particular state, the court shall consider all of the following: 1. The location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding. 2. The lengt…

This part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. 2010 Acts, ch 1086, §9, 24, 25

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following apply: 1. This state is the respondent’s home state. 2. This state is a significant-connection state and, on the date the petition is filed, any of th…

1. By qualifying as fiduciary, any resident or nonresident person submits to the jurisdiction of the court making the appointment of the fiduciary and, in addition, shall be deemed to agree to all of the following: a. All property coming into the fiduciary’s hands is subject to t…

1. A court of this state lacking jurisdiction under section 633.709 has special jurisdiction to do any of the following: a. Appoint a guardian in an emergency for a period not to exceed ninety days for a respondent who is physically present in this state. b. Issue a protective or…

Except as otherwise provided in section 633.710 , a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until terminated by the court or the appointment or order expires by its…

1. A court of this state with jurisdiction under section 633.709 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. 2. If a court of this state declines…

If at any time a court of this state determines that the court acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may do any of the following: 1. Decline to exercise jurisdiction. 2. Exercise jurisdiction for the li…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 633.710 , if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and…

1. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. 2. Notice of a petition under subsection 1 shall be given to the persons that would be entitled to notice of a petition in this state for …

1. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 633.716 , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certifi…

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…

1. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings…

In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 2010 Acts, ch 1086, §22, 24, 25

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act , 15 U.S.C. §7001 et seq. , but does not modify, limit, or supersede section 101(c) of that Act , 15 U.S.C. §7001(c) , or authorize electronic delivery of any of…

Unless it is otherwise provided by the will creating a testamentary trust, the instrument creating an express trust, or by an order or decree duly entered by a court of competent jurisdiction, a trustee shall have all the powers granted a trustee under sections 633A.4401 and 633A…

The terms of this subchapter , and all other terms of this probate code relating to trusts and trustees, shall apply only to trusts that remain under continuous court supervision pursuant to section 633.10 and to trusts that have not been released from such continuous supervision…

Unless specifically relieved from so doing by the instrument creating the trust or by order of the court, the trustee shall make a written report under oath to the court once each year within ninety days of the close of the reporting period, and more often if required by the cour…

Upon the partial or total termination of a trust, or upon the transfer of the trusteeship due to resignation, removal, dissolution, or other disqualification of the trustee of any trust pending in court, the trustee shall make a final report to the court, showing for the period s…

No final report of a trustee of a trust pending in court shall be approved, and no such trustee shall be discharged from further duty or responsibility upon final settlement, until notice of the trustee’s application for discharge shall have been served upon all persons intereste…

Upon final settlement of a trust, an order shall be entered discharging the trustee from further duties and responsibilities. The order approving the final report shall constitute a waiver of the omission from the final report of any of the recitals required in section 633.753 . …

Where there are two or more fiduciaries, they shall all concur in the exercise of the powers conferred upon them, unless the instrument creating the estate provides to the contrary. In the event that the fiduciaries cannot concur upon the exercise of any power, any one of the fid…

Where there are two or more fiduciaries, a fiduciary may delegate to another fiduciary the power to vote publicly traded securities, unless the instrument creating the estate provides to the contrary. The delegating fiduciary shall not be personally liable for the manner in which…

One of the several fiduciaries may receive and receipt for any money, which receipt shall be given by the fiduciary in the fiduciary’s own name only, and the fiduciary must individually account for all the money thus received and receipted for by the fiduciary, and this shall not…

1. A fiduciary under this chapter may present a written request to any person for the purpose of obtaining property owned by a decedent or by a protected person of a conservatorship for which the fiduciary has been appointed, or property to which a decedent or protected person is…

In an action against several fiduciaries, in their fiduciary capacity, they shall be considered one person, and judgment may be taken against all as such, although not all were served with notice. [C51, §1437; R60, §2462; C73, §2489; C97, §3410; C24, 27, 31, 35, 39, § 12062; C46,…