633.556  Appointment of guardian.

1.  If the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved by clear and convincing evidence, the court may appoint a guardian. If the court appoints a guardian based upon mental incapacity of the proposed ward, the court shall make a separate determination as to the ward's competency to vote. The court shall find a ward incompetent to vote only upon determining that the person lacks sufficient mental capacity to comprehend and exercise the right to vote.

2.  In all proceedings to appoint a guardian, the court shall consider the functional limitations of the proposed ward and whether a limited guardianship, as authorized in section 633.635, is appropriate.

3.  Section 633.551 applies to the appointment of a guardian.

Section History: Early form

  [R60, § 1449; C73, § 2272; C97, § 3219; C24, 27, 31, 35, 39, § 12614; C46, 50, 54, 58, 62, § 670.2; C66, 71, 73, 75, 77, 79, 81, § 633.556]

Section History: Recent form

  97 Acts, ch 178, §6; 98 Acts, ch 1100, § 79; 98 Acts, ch 1185, § 10

Internal References

  Referred to in § 48A.2, 229.27, 235B.18

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