Iowa Code 633.563 – Court-ordered professional evaluation
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Terms Used In Iowa Code 633.563
- 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.
- seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
633.563 Court-ordered professional evaluation.
1. At or before a hearing on a petition for the appointment of a guardian or conservator or the modification or termination of a guardianship or conservatorship, the court shall order a professional evaluation of the respondent unless one of the following criteria is met:
a. The court finds it has sufficient information to determine whether the criteria for a
guardianship or conservatorship are met.
b. The petitioner or respondent has filed a professional evaluation.
2. Notwithstanding subsection 1, if the respondent has filed a professional evaluation and the court determines an additional professional evaluation will assist the court in understanding the decision-making capacity and functional abilities and limitations of the respondent, the court may order a professional evaluation of the respondent.
3. If the court orders an evaluation, the evaluation shall be conducted by a licensed physician, psychologist, social worker, or other individual who is qualified to conduct an evaluation appropriate for the respondent being assessed.
4. Unless otherwise directed by the court, the report must contain all of the following:
a. A description of the nature, type, and extent of the respondent’s cognitive and functional abilities and limitation.
b. An evaluation of the respondent’s mental and physical condition and, if appropriate,
educational potential, adaptive behavior, and social skills.
c. A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan.
d. The evaluator’s qualifications to evaluate the respondent’s cognitive and functional
abilities limitations and lack of conflict of interest.
e. The date of examination on which the report is based.
5. The cost of the professional evaluation shall be paid by the respondent unless the respondent is indigent as defined in § 633.561, subsection 3, in which case the costs shall be paid by the county in which the proceedings are pending or unless the court orders otherwise.
6. At the request of the respondent, the court shall seal the record of the results of the evaluation ordered by the court subject to the exceptions in subsection 7.
7. The results of the evaluation ordered by the court shall be filed with the court and made available to the following:
a. The respondent and the respondent’s attorney.
b. The petitioner and the petitioner’s attorney.
c. A court visitor as described in § 633.562.
d. Other persons for good cause shown for such purposes as the court may order.
2019 Acts, ch 57, §22, 43, 44; 2020 Acts, ch 1062, §68; 2020 Acts, ch 1063, §352; 2021 Acts, ch 76, §146
1. At or before a hearing on a petition for the appointment of a guardian or conservator or the modification or termination of a guardianship or conservatorship, the court shall order a professional evaluation of the respondent unless one of the following criteria is met:
a. The court finds it has sufficient information to determine whether the criteria for a
guardianship or conservatorship are met.
b. The petitioner or respondent has filed a professional evaluation.
2. Notwithstanding subsection 1, if the respondent has filed a professional evaluation and the court determines an additional professional evaluation will assist the court in understanding the decision-making capacity and functional abilities and limitations of the respondent, the court may order a professional evaluation of the respondent.
3. If the court orders an evaluation, the evaluation shall be conducted by a licensed physician, psychologist, social worker, or other individual who is qualified to conduct an evaluation appropriate for the respondent being assessed.
4. Unless otherwise directed by the court, the report must contain all of the following:
a. A description of the nature, type, and extent of the respondent’s cognitive and functional abilities and limitation.
b. An evaluation of the respondent’s mental and physical condition and, if appropriate,
educational potential, adaptive behavior, and social skills.
c. A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan.
d. The evaluator’s qualifications to evaluate the respondent’s cognitive and functional
abilities limitations and lack of conflict of interest.
e. The date of examination on which the report is based.
5. The cost of the professional evaluation shall be paid by the respondent unless the respondent is indigent as defined in § 633.561, subsection 3, in which case the costs shall be paid by the county in which the proceedings are pending or unless the court orders otherwise.
6. At the request of the respondent, the court shall seal the record of the results of the evaluation ordered by the court subject to the exceptions in subsection 7.
7. The results of the evaluation ordered by the court shall be filed with the court and made available to the following:
a. The respondent and the respondent’s attorney.
b. The petitioner and the petitioner’s attorney.
c. A court visitor as described in § 633.562.
d. Other persons for good cause shown for such purposes as the court may order.
2019 Acts, ch 57, §22, 43, 44; 2020 Acts, ch 1062, §68; 2020 Acts, ch 1063, §352; 2021 Acts, ch 76, §146