Iowa Code § 633.637
Powers of protected person
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
A ward 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 ward possesses the requisite testamentary capacity, unless the court determines that the ward has a limited ability to handle the ward’s own funds. If the court makes such a finding, it shall specify to what extent the ward may possess and use the ward’s own funds.
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.
Any modification of the powers of the ward that would be more restrictive of the ward’s control over the ward’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 ward’s control over the ward’s financial affairs shall be based upon proof in accordance with the requirements of section 633.675.
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
97 Acts, ch 178, §15; 2019 Acts, ch 24, §88; 2024 Acts, ch 1009, §68
Referred to in
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.