Iowa Code § 633.552
Basis for appointment of guardian for an adult
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
Any person may file with the clerk a verified petition for the appointment of a guardian. The petition shall state the following information so far as known to the petitioner.
1. The name, age and post office address of the proposed ward.
2. That the proposed ward is in either of the following categories:
1. On petition and after notice and hearing, the court may appoint a guardian for an adult if the court finds by clear and convincing evidence that all of the following are true:
a. Is a person whose decision-making capacity 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 might occur.
a. The decision-making capacity of the respondent is so impaired that the respondent is unable to care for the respondent’s safety, or to provide for necessities such as food, shelter, clothing, or medical care without which physical injury or illness may occur.
b. Is a minor.
3. The name and post office address of the proposed guardian, and that such person is qualified to serve in that capacity.
4. That the proposed ward is a resident of the state of Iowa or is present in the state, and that the ward’s best interests require the appointment of a guardian in this state.
5. The name and address of the person or institution, if any, having the care, custody or control of the proposed ward.
84 Acts, ch 1299, §10; 85 Acts, ch 29, §1; 97 Acts, ch 178, §5
Referred to in
b. The appointment of a guardian is in the best interest of the respondent.
2. Section 633.551 applies to the appointment of a guardian under subsection 1.
3. If the court appoints a guardian based upon the mental incapacity of the protected person because the protected person has an intellectual disability, as defined in section 4.1, the court shall make a separate determination as to the protected person’s competency to vote. The court shall find a protected person incompetent to vote only upon determining that the person lacks sufficient mental capacity to comprehend and exercise the right to vote.
Former §633.552 repealed effective January 1, 2020, by
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.