Iowa Code 633.675 – Cause for termination
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Terms Used In Iowa Code 633.675
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- 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
- property: includes personal and real property. See Iowa Code 4.1
633.675 Cause for termination.
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 conservatorship or guardianship is no longer necessary for any other reason.
2. The court shall terminate a guardianship if it finds by clear and convincing evidence that the basis for appointing a guardian pursuant to § 633.552 has not been established.
3. The court shall terminate a conservatorship if the court finds by clear and convincing evidence that the basis for appointing a conservator pursuant to § 633.553 or 633.554 is not satisfied.
4. The court shall terminate a conservatorship if it finds by clear and convincing evidence all of the following:
a. The value of the protected person’s property is insufficient to justify the cost of administration.
b. That continued administration of the conservatorship is not in the best interest of the protected person.
c. That a reasonable alternative exists under § 633.678 for managing the protected person’s assets.
5. The standard of proof and the burden of proof to be applied in a termination proceeding shall be the same as set forth in § 633.551, subsection 2.
[S13, §3228-e; C24, 27, 31, 35, 39, §12641; C46, 50, 54, 58, 62, §671.10, 672.21; C66, 71, 73,
75, 77, 79, 81, §633.675]
97 Acts, ch 178, §16; 2010 Acts, ch 1143, §3; 2011 Acts, ch 25, §74; 2014 Acts, ch 1048, §2;
2019 Acts, ch 57, §37, 43, 44; 2020 Acts, ch 1063, §361, 362; 2021 Acts, ch 8, §25
Referred to in §633.635, 633.637, 633.669
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 conservatorship or guardianship is no longer necessary for any other reason.
2. The court shall terminate a guardianship if it finds by clear and convincing evidence that the basis for appointing a guardian pursuant to § 633.552 has not been established.
3. The court shall terminate a conservatorship if the court finds by clear and convincing evidence that the basis for appointing a conservator pursuant to § 633.553 or 633.554 is not satisfied.
4. The court shall terminate a conservatorship if it finds by clear and convincing evidence all of the following:
a. The value of the protected person’s property is insufficient to justify the cost of administration.
b. That continued administration of the conservatorship is not in the best interest of the protected person.
c. That a reasonable alternative exists under § 633.678 for managing the protected person’s assets.
5. The standard of proof and the burden of proof to be applied in a termination proceeding shall be the same as set forth in § 633.551, subsection 2.
[S13, §3228-e; C24, 27, 31, 35, 39, §12641; C46, 50, 54, 58, 62, §671.10, 672.21; C66, 71, 73,
75, 77, 79, 81, §633.675]
97 Acts, ch 178, §16; 2010 Acts, ch 1143, §3; 2011 Acts, ch 25, §74; 2014 Acts, ch 1048, §2;
2019 Acts, ch 57, §37, 43, 44; 2020 Acts, ch 1063, §361, 362; 2021 Acts, ch 8, §25
Referred to in §633.635, 633.637, 633.669