Iowa Code 633.701 – Definitions
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Terms Used In Iowa Code 633.701
- 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.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Probate: Proving a will
- 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
- United States: includes all the states. See Iowa Code 4.1
633.701 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “”Adult”” means an individual who is eighteen years of age or older.
2. “”Conservator”” means a person appointed by the court to have the custody and control of the property of an adult under the provisions of this chapter.
3. “”Court”” means, when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships.
4. “”Foreign judgment”” means a judgment, decree, or order of a court of the United States or of any other court that meets any of the following requirements:
a. Is entitled to full faith and credit in this state.
b. Appoints a guardian or conservator in the issuing jurisdiction.
5. “”Guardian”” means a person appointed by the court to make decisions regarding the adult under the provisions of this chapter.
6. “”Guardianship order”” means an order appointing a guardian as defined in § 633.3.
7. “”Guardianship proceeding”” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
8. “”Incapacitated person”” means an adult who has been adjudged by a court to meet one of the following conditions:
a. Has a decision-making capacity which is so impaired that the person is unable to care for the person’s personal safety or to attend to or provide for necessities for the person such as food, shelter, clothing, or medical care, without which physical injury or illness may occur. b. Has a decision-making capacity which is so impaired that the person is unable to make,
communicate, or carry out important decisions concerning the person’s financial affairs.
9. “”Party”” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
10. “”Person”” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.
11. “”Protected person”” means an adult for whom a conservatorship has been issued.
12. “”Protective order”” means an order appointing a conservator as defined in § 633.3. “”Protective order”” does not include protective orders issued pursuant to chapter 664A or protective orders issued pursuant to sections 235B.18 and 235B.19.
13. “”Protective proceeding”” means a judicial proceeding in which a conservatorship is sought or has been granted.
14. “”Record”” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
15. “”Respondent”” means an adult for whom a conservatorship or guardianship is sought.
16. “”State”” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
2010 Acts, ch 1086, §2, 24, 25; 2018 Acts, ch 1041, §127
Referred to in §9E.2
As used in this subchapter, unless the context otherwise requires:
1. “”Adult”” means an individual who is eighteen years of age or older.
2. “”Conservator”” means a person appointed by the court to have the custody and control of the property of an adult under the provisions of this chapter.
3. “”Court”” means, when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships.
4. “”Foreign judgment”” means a judgment, decree, or order of a court of the United States or of any other court that meets any of the following requirements:
a. Is entitled to full faith and credit in this state.
b. Appoints a guardian or conservator in the issuing jurisdiction.
5. “”Guardian”” means a person appointed by the court to make decisions regarding the adult under the provisions of this chapter.
6. “”Guardianship order”” means an order appointing a guardian as defined in § 633.3.
7. “”Guardianship proceeding”” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
8. “”Incapacitated person”” means an adult who has been adjudged by a court to meet one of the following conditions:
a. Has a decision-making capacity which is so impaired that the person is unable to care for the person’s personal safety or to attend to or provide for necessities for the person such as food, shelter, clothing, or medical care, without which physical injury or illness may occur. b. Has a decision-making capacity which is so impaired that the person is unable to make,
communicate, or carry out important decisions concerning the person’s financial affairs.
9. “”Party”” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
10. “”Person”” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.
11. “”Protected person”” means an adult for whom a conservatorship has been issued.
12. “”Protective order”” means an order appointing a conservator as defined in § 633.3. “”Protective order”” does not include protective orders issued pursuant to chapter 664A or protective orders issued pursuant to sections 235B.18 and 235B.19.
13. “”Protective proceeding”” means a judicial proceeding in which a conservatorship is sought or has been granted.
14. “”Record”” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
15. “”Respondent”” means an adult for whom a conservatorship or guardianship is sought.
16. “”State”” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
2010 Acts, ch 1086, §2, 24, 25; 2018 Acts, ch 1041, §127
Referred to in §9E.2