2022 Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 633 - PROBATE CODE
Section 633.675 - Cause for termination.

633.675 Cause for termination.

1. A guardianship or a conservatorship shall terminate upon the occurrence of any of the following circumstances:

a. If the protected person is a minor, when the protected person reaches full age.

b. The death of the protected person.

c. Upon determination by the court that the conservatorship or guardianship is no longer necessary for any other reason.

2. The court shall terminate a guardianship if it finds by clear and convincing evidence that the basis for appointing a guardian pursuant to section 633.552 has not been established.

3. The court shall terminate a conservatorship if the court finds by clear and convincing evidence that the basis for appointing a conservator pursuant to section 633.553 or 633.554 is not satisfied.

4. The court shall terminate a conservatorship if it finds by clear and convincing evidence all of the following:

a. The value of the protected person’s property is insufficient to justify the cost of administration.

b. That continued administration of the conservatorship is not in the best interest of the protected person.

c. That a reasonable alternative exists under section 633.678 for managing the protected person’s assets.

5. The standard of proof and the burden of proof to be applied in a termination proceeding shall be the same as set forth in section 633.551, subsection 2.

[S13, §3228-e; C24, 27, 31, 35, 39, §12641; C46, 50, 54, 58, 62, §671.10, 672.21; C66, 71, 73, 75, 77, 79, 81, §633.675]

97 Acts, ch 178, §16; 2010 Acts, ch 1143, §3; 2011 Acts, ch 25, §74; 2014 Acts, ch 1048, §2; 2019 Acts, ch 57, §37, 43, 44; 2020 Acts, ch 1063, §361, 362; 2021 Acts, ch 8, §25

Referred to in §633.635, 633.637, 633.669

2019 amendment takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44

NEW subsection 4 and former subsection 4 renumbered as 5