Iowa Code 633.556 – Petition for appointment of guardian or conservator for an adult
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Terms Used In Iowa Code 633.556
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
633.556 Petition for appointment of guardian or conservator for an adult.
1. A formal judicial proceeding to determine whether to appoint a guardian or conservator for an adult shall be initiated by the filing of a verified petition by a person with an interest in the welfare of the adult, which may include the adult who is the subject of the petition.
2. The petition shall contain a concise statement of the factual basis for the petition.
3. The petition shall contain a concise statement of why there is no less restrictive alternative to the appointment of a guardian or a conservator.
4. The petition shall list the name and address of the petitioner and the petitioner’s relationship to the respondent.
5. The petition shall list the name and address, to the extent known, of the following:
a. The name and address of the proposed guardian and the reason the proposed guardian should be selected.
b. Any spouse of the respondent.
c. Any adult children of the respondent.
d. Any parents of the respondent.
e. Any adult, who has had the primary care of the respondent or with whom the respondent has lived for at least six months prior to the filing of the petition, or any institution or facility where the respondent has resided for at least six months prior to the filing of the petition.
f. Any legal representative or representative payee of the respondent.
g. Any person designated as an attorney in fact in a durable power of attorney for health care which is valid under chapter 144B, or any person designated as an agent in a durable power of attorney which is valid under chapter 633B.
6. Any additional persons who may have an interest in the proceeding may be listed in an affidavit attached to the petition.
7. If the petition requests the appointment of a conservator, the petition shall state the estimated present value of the real estate owned or to be owned by the respondent, the estimated value of the personal property owned or to be owned by the respondent, and the estimated gross annual income of the respondent.
8. The petition shall provide a brief description of the respondent’s alleged functional limitations that make the respondent unable to communicate or carry out important decisions concerning the respondent’s financial affairs.
9. Any additional information relevant to the proceeding may be included in an affidavit attached to the petition.
2019 Acts, ch 57, §13, 43, 44
Referred to in §229.27, 232D.311, 235B.18, 235B.19, 633.558, 633.634, 633.717
Former §633.556 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43
1. A formal judicial proceeding to determine whether to appoint a guardian or conservator for an adult shall be initiated by the filing of a verified petition by a person with an interest in the welfare of the adult, which may include the adult who is the subject of the petition.
2. The petition shall contain a concise statement of the factual basis for the petition.
3. The petition shall contain a concise statement of why there is no less restrictive alternative to the appointment of a guardian or a conservator.
4. The petition shall list the name and address of the petitioner and the petitioner’s relationship to the respondent.
5. The petition shall list the name and address, to the extent known, of the following:
a. The name and address of the proposed guardian and the reason the proposed guardian should be selected.
b. Any spouse of the respondent.
c. Any adult children of the respondent.
d. Any parents of the respondent.
e. Any adult, who has had the primary care of the respondent or with whom the respondent has lived for at least six months prior to the filing of the petition, or any institution or facility where the respondent has resided for at least six months prior to the filing of the petition.
f. Any legal representative or representative payee of the respondent.
g. Any person designated as an attorney in fact in a durable power of attorney for health care which is valid under chapter 144B, or any person designated as an agent in a durable power of attorney which is valid under chapter 633B.
6. Any additional persons who may have an interest in the proceeding may be listed in an affidavit attached to the petition.
7. If the petition requests the appointment of a conservator, the petition shall state the estimated present value of the real estate owned or to be owned by the respondent, the estimated value of the personal property owned or to be owned by the respondent, and the estimated gross annual income of the respondent.
8. The petition shall provide a brief description of the respondent’s alleged functional limitations that make the respondent unable to communicate or carry out important decisions concerning the respondent’s financial affairs.
9. Any additional information relevant to the proceeding may be included in an affidavit attached to the petition.
2019 Acts, ch 57, §13, 43, 44
Referred to in §229.27, 232D.311, 235B.18, 235B.19, 633.558, 633.634, 633.717
Former §633.556 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43