Iowa Code § 633.642
Powers of conservator
Redline — January 1, 2024 → current.View current text →
Current — January 1, 2026
As of January 1, 2024
Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice and receive specific prior authorization by the court before the conservator may take any other action on behalf of the protected person. These other powers requiring court approval include the authority of the conservator to:
1. Invest the protected person’s assets consistent with section 633.123.
2. Make gifts on the protected person’s behalf from conservatorship assets to persons or religious, educational, scientific, charitable, or other nonprofit organizations to whom or to which such gifts were regularly made prior to the conservator’s appointment; or on a showing that such gifts would benefit the protected person from the perspective of gift, estate, inheritance, or other taxes. No gift shall be allowed which would foreseeably prevent adequate provision for the protected person’s best interest.
3. Make payments consistent with the conservator’s plan described above directly to the protected person or to others for the protected person’s education and training needs.
4. Use the protected person’s income or assets to provide for any person that the protected person is legally obligated to support.
5. Compromise, adjust, arbitrate, or settle any claim by or against the protected person or the conservator.
6. Make elections for a protected person who is the surviving spouse as provided in sections 633.236 and 633.240.
7. Exercise the right to disclaim on behalf of the protected person as provided in section 633E.5.
8. Sell, mortgage, exchange, pledge, or lease the protected person’s real and personal property consistent with subchapter VII, part 6 of this chapter regarding sale of property from a decedent’s estate.
1. An order by the court appointing a conservator shall state the basis for the conservatorship pursuant to section 633.553 or section 633.554.
2. Upon appointment by the court, and until such time as the conservator files an initial financial management plan and such plan is approved by the court as required by section 633.670, subsection 1, a conservator has the authority to exercise all powers applicable to fiduciaries pursuant to sections 633.63 through 633.162, unless expressly modified by the court or as may be specifically expanded by the court for good cause shown.
3. In the order approving an initial financial management plan or an annual report, the court shall approve and set forth the specific powers of a conservator, which may be thereafter exercised by the conservator until further court order.
4. Upon the filing of an appropriate oath by the conservator, the clerk of court shall issue letters of appointment. Upon issuance by the court of an order approving an initial financial management plan, approving an annual report, or further order of the court granting, modifying, limiting, or terminating powers of the conservator, the clerk of court shall issue new letters of appointment and shall attach to the new letters of appointment such order of the court containing the conservator’s powers.
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.