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

A temporary conservator may be appointed, but only after a hearing on such notice, and subject to such conditions as the court shall prescribe. [C66, 71, 73, 75, 77, 79, 81, §633.585 ]

Any person of full age and sound mind may execute a verified petition for the voluntary appointment of a conservator of the person’s property upon the express condition that such petition shall be acted upon by the court only upon the occurrence of an event specified or the exist…

A person having physical and legal custody of a minor may execute a verified petition for the appointment of a standby conservator of the proposed protected person’s property, upon the express condition that the petition shall be acted upon by the court only upon the occurrence o…

Such petition may nominate a person for appointment to serve as such conservator, and may request that the appointment be made without bond, or with bond of a certain stated sum. The court in appointing the conservator shall give due regard to such nomination and other requests a…

Such petition may be deposited with the clerk of the county in which the party resides, or with any person, firm, bank or trust company selected by the petitioner. [C66, 71, 73, 75, 77, 79, 81, §633.593 ] Referred to in §633.568 , 633.595

Such petition may be revoked by the petitioner at any time before appointment of a conservator by the court, provided that the petitioner is of sound mind. Revocation shall be accomplished by the destruction of the petition by the petitioner, or by the execution of an acknowledge…

At any time after the deposit of the petition with the clerk, and before its revocation, it may be brought on for hearing by the filing of a verified statement to the effect that the occurrence of the event or the condition provided for in the petition has come to pass. If the pe…

At the time a standby petition is filed under this part, the court shall consider whether a limited conservatorship, as authorized in section 633.637 , is appropriate. [C66, 71, 73, 75, 77, 79, 81, §633.596 ] 97 Acts, ch 178, §12 Referred to in §633.568

The powers and duties of such a conservator shall be the same as those of a conservator appointed in response to any of the other petitions authorized in this probate code. [C66, 71, 73, 75, 77, 79, 81, §633.597 ] 2005 Acts, ch 38, §51 Referred to in §633.568

When there is no conservatorship, nor any application therefor pending, in this state, the duly qualified foreign conservator or guardian of a nonresident protected person may, upon application, be appointed conservator of the property of such person in this state; provided that …

The application for appointment of a foreign conservator or guardian as conservator in this state shall include the name and address of the nonresident protected person, and of the nonresident conservator or guardian, and the name and address of the resident conservator to be app…

A foreign conservator or guardian of a nonresident may be authorized by the court of the county wherein such protected person has personal property to receive the same upon compliance with the provisions of sections 633.606 , 633.607 , and 633.608 . [C73, §2269; C97, §3216; C24, …

Such foreign conservator or guardian shall file in the office of the clerk in the county where the property is situated, a certified copy of the conservator’s or guardian’s official bond, duly authenticated by the court granting the letters, and shall also execute a receipt for t…

Upon the filing of the bond as above provided, and the court being satisfied with the amount thereof, it shall order the personal property of the protected person delivered to such conservator or guardian. [C73, §2271; C97, §3218; C24, 27, 31, 35, 39, § 12611; C46, 50, 54, 58, 62…

The clerk shall record the bonds and the receipt, and notify by mail the court which granted the letters of conservatorship or guardianship of the amount of property delivered to the fiduciary and the date of delivery thereof. [C73, §2271; C97, §3218; C24, 27, 31, 35, 39, § 12612…

Whenever moneys are paid or are payable pursuant to any law of the United States through the United States department of veterans affairs to a conservator or a guardian, the provisions of sections 633.615 , 633.617 , and 633.622 shall apply to the administration of said moneys. H…

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, …