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Iowa Code § 633.637

Powers of protected person

Known as the Iowa Probate Code

The act spans §§ 633–633 (527 sections).

[C66, 71, 73, 75, 77, 79, 81, §633.637]

1. A protected person for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the protected person possesses the requisite testamentary capacity, unless the court determines that the protected person has a limited ability to handle the protected person’s own funds. If the court makes such a finding, the court shall specify to what extent the protected person may possess and use the protected person’s own funds.

2. Any modification of the powers of the protected person that would be more restrictive of the protected person’s control over the protected person’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator. Any modification that would be less restrictive of the protected person’s control over the protected person’s financial affairs shall be based upon proof in accordance with the requirements of section 633.675.

97 Acts, ch 178, §15; 2019 Acts, ch 24, §88; 2024 Acts, ch 1009, §68

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.