2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633 - PROBATE CODE
633.561 - REPRESENTATION.

        633.561  REPRESENTATION.
         1.  In a proceeding for the appointment of a guardian:
         a.  If the proposed ward is an adult and is not the
      petitioner, the proposed ward is entitled to representation.  Upon
      the filing of the petition, the court shall appoint an attorney to
      represent the proposed ward, set a hearing on the petition, and
      provide for notice of the appointment of counsel and the date for
      hearing.
         b.  If the proposed ward is either a minor or an adult under a
      standby petition, the court shall determine whether, under the
      circumstances of the case, the proposed ward is entitled to
      representation.  The determination regarding representation may be
      made with or without notice to the proposed ward, as the court deems
      necessary.  If the court determines that the proposed ward is
      entitled to representation, the court shall appoint an attorney to
      represent the proposed ward.  After making the determination
      regarding representation, the court shall set a hearing on the
      petition, and provide for notice on the determination regarding
      representation and the date for hearing.
         c.  The court may take action under paragraph "a" or
      "b" prior to the service of the original notice upon the proposed
      ward.
         d.  The court may reconsider the determination regarding
      representation upon application by any interested person.
         e.  The court may discharge the attorney appointed by the
      court if it appears upon the application of the proposed ward or any
      other interested person that the ward has privately retained an
      attorney who has filed an appearance on behalf of the proposed ward.

         2.  The court shall ensure that all proposed wards entitled to
      representation have been provided with notice of the right to
      representation and right to be personally present at all proceedings
      and shall make findings of fact in any order of disposition setting
      out the manner in which notification was provided.
         3.  If the proposed ward is entitled to representation and is
      indigent or incapable of requesting counsel, the court shall appoint
      an attorney to represent the proposed ward.  The cost of court
      appointed counsel for indigents shall be assessed against the county
      in which the proceedings are pending.  For the purposes of this
      subsection, the court shall find a person is indigent if the person's
      income and resources do not exceed one hundred fifty percent of the
      federal poverty level or the person would be unable to pay such costs
      without prejudicing the person's financial ability to provide
      economic necessities for the person or the person's dependents.
         4.  An attorney appointed pursuant to this section shall:
         a.  Ensure that the proposed ward has been properly advised of
      the nature and purpose of the proceeding.
         b.  Ensure that the proposed ward has been properly advised of
      the ward's rights in a guardianship proceeding.
         c.  Personally interview the proposed ward.
         d.  File a written report stating whether there is a return on
      file showing that proper service on the proposed ward has been made
      and also stating that specific compliance with paragraphs "a"
      through "c" has been made or stating the inability to comply by
      reason of the proposed ward's condition.
         e.  Represent the proposed ward.
         f.  Ensure that the guardianship procedures conform to the
      statutory and due process requirements of Iowa law.
         5.  In the event that an order of appointment is entered, the
      attorney appointed pursuant to this section, to the extent possible,
      shall:
         a.  Inform the proposed ward of the effects of the order
      entered for appointment of guardian.
         b.  Advise the ward of the ward's rights to petition for
      modification or termination of the guardianship.
         c.  Advise the ward of the rights retained by the ward.
         6.  If the court determines that it would be in the ward's best
      interest to have legal representation with respect to any proceedings
      in a guardianship, the court may appoint an attorney to represent the
      ward at the expense of the ward or the ward's estate, or if the ward
      is indigent the cost of the court appointed attorney shall be
      assessed against the county in which the proceedings are pending.  

         84 Acts, ch 1299, § 12; 85 Acts, ch 29, §3; 85 Acts, ch 148, §7;
      89 Acts, ch 178, §10; 2000 Acts, ch 1036, §2
         Referred to in § 633.554