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Terms Used In Iowa Code 633.637

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • property: includes personal and real property. See Iowa Code 4.1
633.637 Powers of ward.
1. A ward 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 ward possesses the requisite testamentary capacity, unless the court determines that the ward has a limited ability to handle the ward’s own funds. If the court makes such a finding, the court shall specify to what extent the ward may possess and use the ward’s own funds.
2. Any modification of the powers of the ward that would be more restrictive of the ward’s control over the ward’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator. Any modification that would be less restrictive of the ward’s control over the ward’s financial affairs shall be based upon proof in accordance with the requirements of § 633.675.
[C66, 71, 73, 75, 77, 79, 81, §633.637]
97 Acts, ch 178, §15; 2019 Acts, ch 24, §88
Referred to in §633.551, 633.596, 633.638