Iowa Code

Iowa Code § 633.551 (2026)

General provisions

✓ current as of July 2026

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1. The determination of incompetency of the adult respondent to a petition for guardianship or conservatorship or an adult subject to guardianship or conservatorship shall be supported by clear and convincing evidence.

2. The burden of persuasion is on the petitioner in an initial proceeding to appoint a guardian or conservator. In a proceeding to modify or terminate a guardianship or conservatorship, if the guardian or conservator is the petitioner, the burden of persuasion remains with the guardian or conservator. In a proceeding to terminate a guardianship or conservatorship, if the protected person is the petitioner, the protected person shall make a prima facie showing of some decision-making capacity. Once a prima facie showing is made, the burden of persuasion is on the guardian or conservator to show by clear and convincing evidence that the protected person is incompetent.

3. In determining whether a guardianship or conservatorship is to be established, modified, or terminated, the district court shall consider if a limited guardianship or conservatorship pursuant to section 633.635 or 633.637 is appropriate. In making the\n\nTue Dec 09 21:59:22 2025 Iowa Code 2026, Chapter 633 (154, 4) 111 PROBATE CODE, §633.554\n\ndetermination, the court shall make findings of fact to support the powers conferred on the guardian or conservator.

4. In proceedings to establish, modify, or terminate a guardianship or conservatorship, in determining if the respondent or protected person is incompetent as defined in section 633.3, the court shall consider credible evidence as to whether there are other less restrictive alternatives, including third-party assistance, that would meet the needs of the respondent or the protected person. However, neither party to the action shall have the burden to produce such evidence relating to other less restrictive alternatives, including but not limited to third-party assistance.

5. Except as otherwise provided in sections 633.672 and 633.673, in proceedings to establish a guardianship or conservatorship, the costs, including attorney fees, court visitor fees, and expert witness fees, shall be assessed against the respondent or the respondent’s estate unless the proceeding is dismissed either voluntarily or involuntarily, in which case fees and costs may be assessed against the petitioner for good cause shown.

6. Except as otherwise provided in this subchapter, the Iowa rules of civil procedure shall govern proceedings to establish, modify, or terminate a guardianship or conservatorship. 97 Acts, ch 178, §4; 2007 Acts, ch 134, §15, 28; 2019 Acts, ch 57, §9, 43, 44; 2020 Acts, ch 1062, §66 Referred to in §633.552, 633.553, 633.635, 633.675, 633.717\n\n PART 2 APPOINTMENT OF GUARDIANS AND CONSERVATORS — MEDIATION IN GUARDIANSHIPS AND CONSERVATORSHIP ACTIONS \n

Notes of Decisions

Cited in 32 cases (10 in the last 5 years), 2011–2026 · leading case: Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).

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Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). · cites it 2× “§§ 633.551(5), .673 (assessing the costs, including attorney fees, of a guardianship against ward or ward’s estate); id.”

In re the Guardianship of M.D., 797 N.W.2d 121 (Iowa Ct. App. 2011). · cites it 2× “Iowa Code § 633.551 (1). The burden requires proof that the natural parent is not a qualified or suitable caregiver.”

Ernst v. Grap, 799 N.W.2d 549 (Iowa Ct. App. 2011). · cites it 2× “Iowa Code section 633.551(5) provides that when a petition to establish a guardianship is dismissed, attorney fees may be assessed against the petitioner “for good cause shown.”

In the Matter of the Conservatorship of Alda Haravon (Iowa Ct. App. 2021). · cites it 16× “See Iowa Code § 633.551 (5). We determine the district court did not abuse its discretion in finding that attorney fees should be paid by Alda.”

In the Matter of the Guardianship & Conservatorship of Joseph C. Kintzle (Iowa Ct. App. 2021). · cites it 12× “00 under Iowa Code section 633.551(5) (2020). They claimed their actions were for the benefit of Joseph and, therefore, their attorney fees should be paid by the conservatorship.”

In the Matter of the Guardianship & Conservatorship of Diane Florene Norelius (Iowa Ct. App. 2020). · cites it 8× “3 First, the appellants argue Nelson is not entitled to an assessment of fees under section 633.551(1). They argue, because he did not offer evidence to establish the guardianship, he does not fall within the purview of the statute.”

Cory Joseph Maruna v. Kimberly R. Harper (Iowa Ct. App. 2016). · cites it 7× “See Iowa Code § 633.551 (2). Section 633.551(3) gives the district court, rather than the ward, authority to determine the scope of the guardianship in deciding whether a guardianship should be terminated.”

In the Matter of the Guardianship & Conservatorship of Diane Florence Norelius (Iowa Ct. App. 2020). · cites it 6× “A related statute, section 633.551(5), provides: Except as otherwise provided in sections 633.”

In the Matter of the Guardianship & Conservatorship of Stanley Wayne Worthington (Iowa Ct. App. 2026). · cites it 6× “See Iowa Code § 633.551 (3)–(4) (2024) (requiring that a “court shall consider” if a limited guardianship or conservatorship is appropriate (emphasis added)).”

In the Matter of the Guardianship & Conservatorship of Denise Louise Evans, Ward. Denise Louise Evans, Ward-Appellant. (Iowa Ct. App. 2017). · cites it 5× “7 See Iowa Code §§ 633.551 , .552, .556. To meet this burden, the proponent of the guardianship and conservatorship must show: In the case of a conservatorship the impairment must be such that the proposed ward “is unable to make, communicate, or carry out important decisions…”

In the Matter of the Guardianship of S.K.M., Jared McTaggart, Interested Party-Father of Minor child/appellant, Eric J. Metz & Christina M. Metz, Guardians of Minor child/appellees. (Iowa Ct. App. 2017). · cites it 5× “See Iowa Code § 633.551 (2). Section 633.551(3) gives the district court, rather than the ward, authority to determine the scope of the guardianship in deciding whether a guardianship should be terminated.”

In the Interest of the Guardianship & Conservatorship of S.M.P. (Iowa Ct. App. 2021). · cites it 5× “” Iowa Code § 633.551 (2). The district court must “find[ ] by clear and convincing evidence” that “[t]he 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,…”

Show all 32 citing cases →

— Iowa Code § 633.551(1) — 5 cases

In the Matter of the Guardianship & Conservatorship of Diane Florene Norelius (Iowa Ct. App. 2020). “3 First, the appellants argue Nelson is not entitled to an assessment of fees under section 633.551(1). They argue, because he did not offer evidence to establish the guardianship, he does not fall within the purview of the statute.”

In the Matter of the Guardianship & Conservatorship of B.Z. (Iowa Ct. App. 2020).

In the Matter of the Guardianship of Jeanette Kliege in the Matter of the Conservatorship of Jeanette Kliege. (Iowa Ct. App. 2016).

In re the Matter of the Guardianship of M.I.D., Minor Child (Iowa Ct. App. 2018).

In the Matter of the Guardianships of J.W. & J.W., Minor Child. (Iowa Ct. App. 2020).

— Iowa Code § 633.551(2) — 1 case

Cory Joseph Maruna v. Kimberly R. Harper (Iowa Ct. App. 2016). “See Iowa Code § 633.551 (2). Section 633.551(3) gives the district court, rather than the ward, authority to determine the scope of the guardianship in deciding whether a guardianship should be terminated.”

— Iowa Code § 633.551(3) — 4 cases

In the Matter of the Guardianship of S.K.M., Jared McTaggart, Interested Party-Father of Minor child/appellant, Eric J. Metz & Christina M. Metz, Guardians of Minor child/appellees. (Iowa Ct. App. 2017). “See Iowa Code § 633.551 (2). Section 633.551(3) gives the district court, rather than the ward, authority to determine the scope of the guardianship in deciding whether a guardianship should be terminated.”

In Re the Matter of the Guardianship of M.E., Camille Person F/K/A Camille Koehn v. Marie Elg & Steven Elg (Iowa Ct. App. 2017).

In the Matter of the Guardianship & Conservatorship of Robert Hites, Jr. (Iowa Ct. App. 2019).

— Iowa Code § 633.551(4) — 3 cases

In the Matter of the Guardianship of G.M., G.M., ward/appellant. (Iowa Ct. App. 2015).

In the Matter of the Guardianship & Conservatorship of Maggie Jean Lewis Turner (Iowa Ct. App. 2019).

In the Interest of the Guardianship & Conservatorship of S.M.P. (Iowa Ct. App. 2021). “” Iowa Code § 633.551 (2). The district court must “find[ ] by clear and convincing evidence” that “[t]he 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,…”

— Iowa Code § 633.551(5) — 10 cases

Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “§§ 633.551(5), .673 (assessing the costs, including attorney fees, of a guardianship against ward or ward’s estate); id.”

Ernst v. Grap, 799 N.W.2d 549 (Iowa Ct. App. 2011). “Iowa Code section 633.551(5) provides that when a petition to establish a guardianship is dismissed, attorney fees may be assessed against the petitioner “for good cause shown.”

In the Matter of the Conservatorship of Alda Haravon (Iowa Ct. App. 2021). “See Iowa Code § 633.551 (5). We determine the district court did not abuse its discretion in finding that attorney fees should be paid by Alda.”

In the Matter of the Guardianship & Conservatorship of Joseph C. Kintzle (Iowa Ct. App. 2021). “00 under Iowa Code section 633.551(5) (2020). They claimed their actions were for the benefit of Joseph and, therefore, their attorney fees should be paid by the conservatorship.”

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