1. On petition and after notice and hearing, the court may appoint a conservator for an adult if the court finds by clear and convincing evidence that both of the following are true:

 a. The decision-making capacity of the respondent is so impaired that the respondent is unable to make, communicate, or carry out important decisions concerning the respondent’s financial affairs.
 b. The appointment of a conservator is in the best interest of the respondent.

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Terms Used In Iowa Code 633.553

  • 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
  • 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
  • Respondent: means an adult for whom a conservatorship or guardianship is sought. See Iowa Code 633.701
 2. Section 633.551 applies to the appointment of a conservatorship under subsection 1.