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

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…

The report and accounting required by section 633.670 shall account for all of the period since the close of the accounting contained in the next previous report, and shall include the following information as far as applicable: 1. The balance of funds on hand at the close of the…

No order shall be entered approving an annual report of a conservator until the court costs which have been docketed have been paid or provided for. The court may, upon application, enter an order waiving payment of the court costs in indigent cases. However, if the conservatorsh…

The protected person or the protected person’s estate shall be charged with the court costs of a protected person’s guardianship, including the guardian’s fees and the fees of the attorney for the guardian. The court may, upon application, enter an order waiving payment of the co…

The court shall settle each account filed by a conservator by allowing or disallowing it, either in whole or in part, or by surcharging the account against the conservator. [C66, 71, 73, 75, 77, 79, 81, §633.674 ]

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…