Iowa Code 633.556 – Petition for appointment of guardian or conservator for an adult
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1. A formal judicial proceeding to determine whether to appoint a guardian or conservator for an adult shall be initiated by the filing of a verified petition by a person with an interest in the welfare of the adult, which may include the adult who is the subject of the petition.
Terms Used In Iowa Code 633.556
- Adult: means an individual who is eighteen years of age or older. See Iowa Code 633.701
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Estate: means the real and personal property of either a decedent or a ward, and may also refer to the real and personal property of a trust described in section 633. See Iowa Code 633.3
- 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
- Functional limitations: means the behavior or condition of a person which impairs the person's ability to care for the person's personal safety or to attend to or provide for necessities for the person. See Iowa Code 633.3
- 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
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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. The petition shall contain a concise statement of the factual basis for the petition.
3. The petition shall contain a concise statement of why there is no less restrictive alternative to the appointment of a guardian or a conservator.
4. The petition shall list the name and address of the petitioner and the petitioner’s relationship to the respondent.
5. The petition shall list the name and address, to the extent known, of the following:
a. The name and address of the proposed guardian and the reason the proposed guardian should be selected.
b. Any spouse of the respondent.
c. Any adult children of the respondent.
d. Any parents of the respondent.
e. Any adult, who has had the primary care of the respondent or with whom the respondent has lived for at least six months prior to the filing of the petition, or any institution or facility where the respondent has resided for at least six months prior to the filing of the petition.
f. Any legal representative or representative payee of the respondent.
g. Any person designated as an attorney in fact in a durable power of attorney for health care which is valid under chapter 144B, or any person designated as an agent in a durable power of attorney which is valid under chapter 633B.
6. Any additional persons who may have an interest in the proceeding may be listed in an affidavit attached to the petition.
7. If the petition requests the appointment of a conservator, the petition shall state the estimated present value of the real estate owned or to be owned by the respondent, the estimated value of the personal property owned or to be owned by the respondent, and the estimated gross annual income of the respondent.
8. The petition shall provide a brief description of the respondent’s alleged functional limitations that make the respondent unable to communicate or carry out important decisions concerning the respondent’s financial affairs.
9. Any additional information relevant to the proceeding may be included in an affidavit attached to the petition.