Iowa Code 633.675 – Cause for termination
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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.
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.
- 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
- Full age: means the state of legal majority attained through arriving at the age of eighteen years or through having married, even though such marriage is terminated by divorce. See Iowa Code 633.3
- 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
- Property: includes both real and personal property. See Iowa Code 633.3
- Protected person: means an adult for whom a conservatorship has been issued. See Iowa Code 633.701
2. The court shall terminate a guardianship if it finds by clear and convincing evidence that the basis for appointing a guardian pursuant to section 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 section 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 section 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 section 633.551, subsection 2.