Iowa Code 633.569 – Emergency appointment of temporary guardian or conservator
Current as of: 2023 | Check for updates
|
Other versions
1. A person authorized to file a petition under section 633.552, 633.553, or 633.554 may file an application for the emergency appointment of a temporary guardian or conservator.
Terms Used In Iowa Code 633.569
- Adult: means an individual who is eighteen years of age or older. See Iowa Code 633.701
- 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. See Iowa Code 633.701
- Court: means , when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships. See Iowa Code 633.701
- 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.
- Guardian: means a person appointed by the court to make decisions regarding the adult under the provisions of this chapter. See Iowa Code 633.701
- Minor: means a person who is not of full age. See Iowa Code 633.3
- 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. See Iowa Code 633.701
- Respondent: means an adult for whom a conservatorship or guardianship is sought. See Iowa Code 633.701
- 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. See Iowa Code 633.701
2. Such application shall state all of the following:
a. The name and address of the respondent.
b. The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.
c. The reason the emergency appointment of a temporary guardian or conservator is sought.
3. The court may enter an ex parte order appointing a temporary guardian or conservator on an emergency basis under this section if the court finds that all of the following conditions are met:
a. There is not sufficient time to file a petition and hold a hearing pursuant to section 633.552, 633.553, or 633.554.
b. The appointment of a temporary guardian or conservator is necessary to avoid immediate or irreparable harm to the respondent.
c. There is reason to believe that the basis for appointment of guardian or conservator exists under section 633.552, 633.553, or 633.554.
4. Notice of a petition for the appointment of a temporary guardian or conservator and the issuance of an ex parte order appointing a temporary guardian or conservator shall be provided to the respondent, the respondent’s attorney, and any other person the court determines should receive notice.
5. Upon the issuance of an ex parte order, if the respondent is an adult, the respondent may file a request for a hearing. If the respondent is a minor, the respondent, a parent having legal custody of the respondent, or any other person having legal custody of the respondent may file a written request for a hearing. Such hearing shall be held no later than seven days after the filing of a written request.
6. The powers of the temporary guardian or conservator set forth in the order of the court shall be limited to those necessary to address the emergency situation requiring the appointment of a temporary guardian or conservator.
7. The temporary guardianship or conservatorship shall terminate within thirty days after the order is issued.