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House Journal: Page 1291: Wednesday, April 16, 1997

49     633.557  APPOINTMENT OF GUARDIAN ON VOLUNTARY
50   PETITION.

Page 3

 1     1.  A guardian may also be appointed by the court
 2   upon the verified petition of the proposed ward,
 3   without further notice, if the proposed ward is other
 4   than a minor under the age of fourteen years, provided
 5   the court determines that such an appointment will
 6   inure to the best interest of the applicant.  However,
 7   if an involuntary petition is pending, the court shall
 8   be governed by section 633.634.  The petition shall
 9   provide the proposed ward notice of a guardian's
10   powers as provided in section 633.562.
11     2.  In all proceedings to appoint a guardian, the
12   court shall consider whether a limited guardianship,
13   as authorized in section 633.635, is appropriate.
14     Sec. ___.  Section 633.560, Code 1997, is amended
15   to read as follows:
16     633.560  APPOINTMENT OF GUARDIAN ON A STANDBY
17   BASIS.
18     A petition for the appointment of a guardian on a
19   standby basis may be filed by any person under the
20   same procedure and requirements as provided in
21   sections 633.591 to 633.597, for appointment of
22   standby conservator, insofar as applicable.  In all
23   proceedings to appoint a guardian, the court shall
24   consider whether a limited guardianship, as authorized
25   in section 633.635, is appropriate.
26     Sec. ___.  Section 633.566, subsection 2, paragraph
27   a, Code 1997, is amended to read as follows:
28     a.  By reason of mental, physical or other
29   incapacity is unable to make or carry out important
30   decisions concerning the proposed ward's financial
31   affairs.
32     a.  Is a person whose decision-making capacity is
33   so impaired that the person is unable to make,
34   communicate, or carry out important decisions
35   concerning the person's financial affairs.
36     Sec. ___.  Section 633.570, Code 1997, is amended
37   to read as follows:
38     633.570  APPOINTMENT OF CONSERVATOR.
39     1.  If the allegations of the petition as to the
40   status of the proposed ward and the necessity for the
41   appointment of a conservator are proved by clear and
42   convincing evidence, the court may appoint a
43   conservator.
44     2.  In all proceedings to appoint a conservator,
45   the court shall consider the functional limitations of
46   the person and whether a limited conservatorship, as
47   authorized in section 633.637, is appropriate.
48     3.  Section 633.551A applies to the appointment of

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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