Iowa Adult Guardianship and Conservatorship Petition Packet

IOWA ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET

Filed in the Iowa District Court — Probate Division

PREPARATION PACKET — DO NOT FILE THESE WORKSHEETS AS OFFICIAL FORMS. Use the current Iowa Court Rule 7.11 forms available from the Iowa Judicial Branch. If both guardianship and conservatorship are requested, establish each statutory basis separately.

PART 1 — PRE-PETITION CHECKLIST

A. Less Restrictive Alternative Analysis (REQUIRED — Iowa Code § 633.556(3))

A petition MUST contain "a concise statement of why there is no less restrictive alternative." Document each alternative considered:

☐ Durable power of attorney (financial) — Iowa Code Ch. 633B
☐ Durable power of attorney for health care — Iowa Code Ch. 144B
☐ Advance directive / living will — Iowa Code § 144A
☐ Representative payee (Social Security / VA)
☐ Supported decision-making agreement
☐ Joint bank account with appropriate safeguards
☐ Trust (revocable / special-needs / pooled)
☐ Designation of attorney in fact
☐ Adult protective services referral — Iowa Code Ch. 235B (Iowa DHHS)
☐ Care management / case management services
☐ Community-based services through HCBS waiver

B. Standing of Petitioner (Iowa Code § 633.556(1))

☐ Petitioner is "a person with an interest in the welfare of the adult," which may include the adult who is the subject of the petition

C. Required Information for Petition

☐ Full legal name, date of birth, residence of the respondent
☐ Concise factual basis for the requested guardianship/conservatorship
☐ Facts supporting the separate guardianship and/or conservatorship standard
☐ Names and addresses of: spouse, adult children, parents, primary caregiver in last 6 months, attorney in fact under DPOA/HCPOA, representative payee, any other interested person
☐ Description and approximate value of respondent's estate (conservatorship)
☐ Statement of less restrictive alternatives considered and rejected
☐ Name, address, qualifications of proposed guardian/conservator
☐ Information required for the court-requested background checks under § 633.564

D. Pre-Filing Documentation

☐ Professional evaluation under § 633.563, if filed or ordered
☐ Background-check information and fee under § 633.564
☐ Bond or proposed protective alternative information for the proposed conservator (§§ 633.174–.175)
☐ Filing fee or application to defer fees
☐ Local case management form (if required)

PART 2 — VERIFIED PETITION

Court Caption

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR OF AN ADULT

COMES NOW, [PETITIONER NAME], pursuant to Iowa Code §§ 633.551, 633.552, and 633.556, and respectfully petitions this Court for the appointment of a guardian and/or conservator for the above-named respondent, and in support states:

1. Petitioner

2. Respondent

3. Jurisdiction and Venue

The Iowa district court sitting in probate has subject-matter jurisdiction over adult guardianships and conservatorships under Iowa Code § 633.10. Confirm the proper county using the current official form and applicable jurisdiction and venue law.

4. Concise Factual Basis (§ 633.556(2))

The factual basis for this petition is:

[________________________________________________________________
________________________________________________________________
________________________________________________________________]

5. Less Restrictive Alternatives Considered (§ 633.556(3))

A concise statement of why there is no less restrictive alternative:

[________________________________________________________________
________________________________________________________________
________________________________________________________________]

6. Conservatorship Basis (§§ 633.553 and 633.556(2))

State facts showing that the respondent's decision-making capacity is so impaired that the respondent cannot make, communicate, or carry out important decisions concerning financial affairs, and explain why a conservator is in the respondent's best interest:

[________________________________________________________________
________________________________________________________________]

7. Interested Persons (§ 633.556(5))

8. Estate Description (Conservatorship — § 633.556(7))

9. Proposed Guardian / Conservator (§ 633.556(5)(a))

10. Type and Scope of Authority Requested (§§ 633.551(3), 633.635, and 633.642)

The court must consider whether a limited guardianship or conservatorship is appropriate and make findings supporting the powers conferred. Request only powers supported by the evidence.

Powers requested (check all that apply):

☐ Determine residence (subject to the court-approval limits in § 633.635(3))
☐ Consent to medical care
☐ Consent to release of confidential records
☐ Make end-of-life decisions consistent with § 633.635
☐ Apply for public assistance / benefits
☐ Receive notice and make decisions about education/training
☐ Manage routine personal mail
☐ Conservatorship — manage real property
☐ Conservatorship — manage personal property
☐ Conservatorship — manage income/expenses
☐ Conservatorship — institute/defend legal actions
☐ Other (specify): [________________________________]

11. Right of Respondent to Vote (§ 633.552(3))

If guardianship is sought due to intellectual disability as defined in § 4.1, this Court must make a SEPARATE determination of voting competency. Petitioner requests:

☐ Court make separate finding under § 633.552(3)
☐ Respondent retains right to vote (no finding of incompetence sought)

12. Prayer for Relief

WHEREFORE, Petitioner respectfully prays that this Court:

a. Appoint a court visitor under Iowa Code § 633.562 if the court finds the appointment is in the respondent's best interest;
b. Appoint counsel for the respondent under § 633.561;
c. Order a professional evaluation under § 633.563 (if required and not attached);
d. Set the matter for hearing under § 633.560;
e. Upon hearing, make separate findings under § 633.552 for a guardianship and § 633.553 for a conservatorship, as applicable;
f. Appoint Petitioner (or the proposed guardian/conservator named above) as the limited guardian and/or conservator of the respondent;
g. Define the guardian's and/or conservator's powers under §§ 633.635 and 633.642; and
h. Grant such other relief as the Court deems just and equitable.

VERIFICATION

I, [PETITIONER NAME], state under penalty of perjury and pursuant to Iowa Code § 622.1 that the foregoing petition is true and correct to the best of my knowledge, information, and belief.

PART 3 — NOTICE TO RESPONDENT (ADULT IN INTEREST PROTECTED PERSON)

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN/CONSERVATOR

TO: [RESPONDENT NAME], at [RESPONDENT ADDRESS]

A LEGAL PROCEEDING HAS BEEN FILED CONCERNING YOU. IF A GUARDIAN OR CONSERVATOR IS APPOINTED, YOU MAY LOSE IMPORTANT RIGHTS, INCLUDING THE RIGHT TO MAKE DECISIONS ABOUT WHERE YOU LIVE, YOUR MEDICAL CARE, YOUR MONEY, AND YOUR PROPERTY. READ THIS NOTICE CAREFULLY.

YOUR RIGHTS UNDER IOWA LAW INCLUDE:

The hearing will be held on:

You are required to attend unless the Court excuses your appearance under § 633.560(2).

PART 4 — NOTICE TO INTERESTED PERSONS

NOTICE OF HEARING

TO: All Persons Identified in Paragraph 7 of the Verified Petition

PLEASE TAKE NOTICE that a Verified Petition for Appointment of Guardian and/or Conservator has been filed in the above-captioned matter concerning [RESPONDENT NAME]. A hearing will be held on [__/__/____] at [____] [☐ AM ☐ PM] before the Iowa District Court for [____________________] County, located at [________________________________].

You may appear and be heard. If you wish to object, you must file a written objection with the Clerk of Court before the hearing date.

Service by: ☐ Personal service ☐ Certified mail, return receipt requested ☐ Restricted certified mail ☐ Other authorized method

PART 5 — PROFESSIONAL EVALUATION (Iowa Code § 633.563)

PROFESSIONAL EVALUATION REPORT

To the Iowa District Court for [____________________] County:

I, [EVALUATOR NAME], a licensed [☐ Physician (M.D./D.O.) ☐ Psychologist ☐ Social Worker ☐ Other individual qualified to conduct the appropriate evaluation], make the following report based on my personal examination of the respondent on [__/__/____]:

A. Evaluator Credentials

B. Examination

C. Diagnosis and Functional Assessment

Primary Diagnosis (DSM-5/ICD-10): [________________________________]

Secondary Diagnoses: [________________________________]

D. Decision-Making Capacity (§ 633.552(1)(a))

For each domain, indicate impairment:

E. Opinion

In my professional opinion, the respondent's decision-making capacity ☐ IS / ☐ IS NOT so impaired that the respondent is unable to care for the respondent's safety, or to provide for necessities such as food, shelter, clothing, or medical care without which physical injury or illness may occur (§ 633.552(1)(a)).

F. Least Restrictive Recommendations

Recommended supports / less restrictive alternatives:

[____________________________________________________________]

G. Prognosis

[____________________________________________________________]

PART 6 — COURT VISITOR APPOINTMENT (Iowa Code § 633.562)

ORDER APPOINTING COURT VISITOR

The Court, having found that appointment is in the respondent's best interest, hereby appoints [VISITOR NAME] as Court Visitor under Iowa Code § 633.562, with the following responsibilities as directed by the Court:

☐ Interview the respondent in person at the respondent's place of residence
☐ Explain the substance of the petition and the respondent's rights, including the right to counsel, the right to be present at all hearings, and the right to a jury trial
☐ Determine the views of the respondent about the proposed guardianship/conservatorship and the proposed guardian/conservator
☐ Interview the petitioner, the proposed guardian/conservator, and any other person with relevant knowledge
☐ Review the professional evaluation and other relevant records
☐ File the written report required by § 633.562 on the schedule ordered by the Court
☐ Make a recommendation regarding the appropriateness of guardianship/conservatorship and any less restrictive alternative

Visitor compensation: $[____________] payable from ☐ the respondent or respondent's estate ☐ the county because the respondent is indigent

PART 7 — BOND (Iowa Code §§ 633.174–633.175)

REQUEST FOR BOND DETERMINATION

When the guardian is not also conservator, no guardian bond is required unless the court finds good cause to require one. A conservator must file a bond unless a statutory exception or a court-approved protective alternative applies.

PART 8 — NOTICE AND HEARING (§§ 633.558 and 633.560)

NOTICE OF HEARING — ALL PARTIES

PLEASE TAKE NOTICE that a hearing on the Verified Petition will be conducted as follows:

The hearing may be recorded if a court reporter is not used (§ 633.560(6)).

The respondent shall attend unless the Court enters findings excusing attendance for good cause.

PART 9 — PROPOSED FINAL ORDER

ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

The Court, having conducted a hearing on the Verified Petition for Appointment of Guardian and/or Conservator, having considered the testimony of witnesses, any professional evaluation under § 633.563, any report of a court visitor under § 633.562, and the argument of counsel, FINDS:

1. The Court has jurisdiction and venue under Iowa Code Chapter 633.

2. Due notice has been given to all persons entitled to notice under § 633.558.

3. The respondent was represented by counsel under § 633.561.

4. By CLEAR AND CONVINCING EVIDENCE (§ 633.551), the Court separately finds the following for each appointment requested:

a. Guardianship, if requested: The decision-making capacity of the respondent IS so impaired that the respondent is unable to care for the respondent's safety, or to provide for necessities such as food, shelter, clothing, or medical care without which physical injury or illness may occur, and appointment is in the respondent's best interest (§ 633.552); AND/OR

b. Conservatorship, if requested: The decision-making capacity of the respondent IS so impaired that the respondent cannot make, communicate, or carry out important decisions concerning financial affairs, and appointment is in the respondent's best interest (§ 633.553).

5. The Court has considered less restrictive alternatives and finds that no less restrictive alternative would adequately address the respondent's needs.

6. The Court has considered a limited appointment under § 633.551(3), and grants the following powers under §§ 633.635 and/or 633.642:

[____________________________________________________________]

7. ☐ A separate determination of voting competency is made under § 633.552(3): respondent ☐ IS / ☐ IS NOT competent to vote.

8. Bond is set at $[____________] for the conservator. For a guardian who is not also conservator, ☐ no bond is required ☐ bond is required for good cause (§§ 633.174–.175).

IT IS THEREFORE ORDERED:

a. [GUARDIAN/CONSERVATOR NAME] is appointed as ☐ limited guardian ☐ limited conservator ☐ both, with the powers stated above;
b. The Clerk shall issue the appropriate letters after the required oath, bond, and qualification steps under applicable law and the official forms;
c. The Conservator shall file an initial financial management plan and attached inventory within 90 days after appointment under Iowa Code § 633.670(1)–(2);
d. The Guardian shall file the initial care plan, annual reports, and final report required by Iowa Code § 633.669;
e. The Conservator shall file the annual and final reports required by Iowa Code § 633.670;
f. The respondent retains all rights not specifically removed by this Order.

PART 10 — LETTERS OF APPOINTMENT WORKSHEET

LETTERS OF GUARDIANSHIP / CONSERVATORSHIP

TO ALL PERSONS: KNOW THAT [GUARDIAN/CONSERVATOR NAME] has been duly appointed by the Iowa District Court for [____________________] County as ☐ Limited Guardian ☐ Limited Conservator ☐ both of [PROTECTED PERSON NAME], with the authority set forth in the Order entered [__/__/____], a certified copy of which is attached.

These Letters are valid until revoked, modified, or until the appointment terminates by operation of law.

PART 11 — INITIAL FINANCIAL MANAGEMENT PLAN AND INVENTORY (Conservator — § 633.670(1)–(2))

INITIAL VERIFIED INVENTORY

DUE: Within 90 days after appointment. The inventory must be attached to the verified initial financial management plan.

Income Sources

Liabilities

VERIFICATION: I declare under penalty of perjury that the foregoing inventory is true and complete to the best of my knowledge.

PART 12 — GUARDIAN AND CONSERVATOR REPORTS (§§ 633.669–.670)

ANNUAL VERIFIED REPORT — GUARDIAN (§ 633.669)

Reporting Period: [__/__/____] to [__/__/____]

File within 60 days after the close of the reporting period unless the court orders otherwise for good cause.

ANNUAL VERIFIED REPORT — CONSERVATOR (§ 633.670)

Reporting Period: [__/__/____] to [__/__/____]

Detailed schedules attached: ☐ Receipts ☐ Disbursements ☐ Distributions ☐ Investments ☐ Bond Status

VERIFICATION:

SOURCES AND REFERENCES

• Iowa Judicial Branch — Court Forms
• Iowa Code 2026, Chapter 633 — Probate Code
• Iowa Code § 633.552 — Adult guardianship standard
• Iowa Code § 633.553 — Adult conservatorship standard
• Iowa Code § 633.556 — Adult petition requirements
• Iowa Code § 633.669 — Guardian reports
• Iowa Code § 633.670 — Conservator reports

END OF IOWA ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET