Iowa Code 633.63 – Qualification of fiduciary — resident
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Terms Used In Iowa Code 633.63
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- 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
- 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
633.63 Qualification of fiduciary — resident.
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 laws of the United States or state banks, when approved by the superintendent of banking under § 524.1001, and trust companies authorized to engage in trust business pursuant to § 524.1005, are authorized to act in a fiduciary capacity in Iowa.
3. A private nonprofit corporation organized under chapter 504, Code 1989, or current chapter 504 is qualified to act as a guardian, as defined in § 633.3, or a conservator, as defined in § 633.3, if the corporation does not possess a proprietary or legal interest in an organization which provides direct services to the individual.
4. The state public guardian or local public guardian as defined in § 231E.3 is authorized to act in a fiduciary capacity in this state in accordance with chapter 231E.
[C51, §1304, 1305; R60, §2336, 2337; C73, §2345, 2346; C97, §3288, 3289; C24, 27, 31, 35,
39, §11871, 11872; C46, 50, 54, 58, 62, §633.27, 633.28; C66, 71, 73, 75, 77, 79, 81, §633.63]
85 Acts, ch 31, §1; 86 Acts, ch 1131, §1; 89 Acts, ch 178, §8; 89 Acts, ch 257, §32; 96 Acts, ch
1129, §105; 98 Acts, ch 1118, §1; 2003 Acts, ch 108, §108; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394; 2005 Acts, ch 175, §144, 145; 2010 Acts, ch 1137, §3; 2018 Acts, ch 1048, §14
Referred to in §8A.706, 8A.708, 173.22A, 217.41, 231E.10, 256.88, 260C.32, 262.9, 501A.601, 633.64, 633.65, 635.1
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 laws of the United States or state banks, when approved by the superintendent of banking under § 524.1001, and trust companies authorized to engage in trust business pursuant to § 524.1005, are authorized to act in a fiduciary capacity in Iowa.
3. A private nonprofit corporation organized under chapter 504, Code 1989, or current chapter 504 is qualified to act as a guardian, as defined in § 633.3, or a conservator, as defined in § 633.3, if the corporation does not possess a proprietary or legal interest in an organization which provides direct services to the individual.
4. The state public guardian or local public guardian as defined in § 231E.3 is authorized to act in a fiduciary capacity in this state in accordance with chapter 231E.
[C51, §1304, 1305; R60, §2336, 2337; C73, §2345, 2346; C97, §3288, 3289; C24, 27, 31, 35,
39, §11871, 11872; C46, 50, 54, 58, 62, §633.27, 633.28; C66, 71, 73, 75, 77, 79, 81, §633.63]
85 Acts, ch 31, §1; 86 Acts, ch 1131, §1; 89 Acts, ch 178, §8; 89 Acts, ch 257, §32; 96 Acts, ch
1129, §105; 98 Acts, ch 1118, §1; 2003 Acts, ch 108, §108; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394; 2005 Acts, ch 175, §144, 145; 2010 Acts, ch 1137, §3; 2018 Acts, ch 1048, §14
Referred to in §8A.706, 8A.708, 173.22A, 217.41, 231E.10, 256.88, 260C.32, 262.9, 501A.601, 633.64, 633.65, 635.1