1. On petition and after notice and hearing, the court may appoint a guardian for an adult if the court finds by clear and convincing evidence that all of the following are true:
a. 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.
b. The appointment of a guardian is in the best interest of the respondent.
2. Section 633.551 applies to the appointment of a guardian under subsection 1.
3. If the court appoints a guardian based upon the mental incapacity of the protected person because the protected person has an intellectual disability, as defined in section 4.1, the court shall make a separate determination as to the protected person’s competency to vote. The court shall find a protected person incompetent to vote only upon determining that the person lacks sufficient mental capacity to comprehend and exercise the right to vote. 2019 Acts, ch 57, §10, 43, 44 Referred to in §48A.2, 229.27, 235B.18, 622.10, 633.563, 633.567, 633.635, 633.675, 633B.102 Former §633.552 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43 \n
Notes of Decisions
In Re Guardianship & Conservatorship of Ankeney, 360 N.W.2d 733 (Iowa 1985).
· cites it 2× “Its legal theory will have an impact far beyond the "limited facts of this case," as the majority asserts; it is in fact a blueprint for future evasion of our grandparent visitation statute, and the effect of an intervening adoption, by simply establishing a guardianship, Iowa…”
Matter of Guardianship of Hedin, 528 N.W.2d 567 (Iowa 1995).
· cites it 2× “Iowa Code § 633.552 (2)(a). Curtis thinks this statute is unconstitutionally vague and overbroad because it lacks standards "restraining the discretion of adjudicators.”
Ernst v. Grap, 799 N.W.2d 549 (Iowa Ct. App. 2011).
“See Iowa Code § 633.552 (4) (stating a petition for appointment of guardian shall state “that the ward’s best interests require the appointment of a guardian”); see In re Guardianship of Reed, 468 N.”
Matter of Conservatorship of Leonard, 563 N.W.2d 193 (Iowa 1997).
“Iowa Code § 633.552 (2)(a). To pass constitutional muster, we have interpreted this language to mean that the proposed ward's decision making capacity is so impaired that the ward is unable to care for his or her personal safety or unable to attend to or provide for such…”
In Re the Marriage of Mitchell, 531 N.W.2d 132 (Iowa 1995).
“See Iowa Code §§ 633.552 -.562. They might also file a petition to find their grandchildren in need of assistance.”
Hedin v. Gonzales, 528 N.W.2d 567 (Iowa 1995).
· cites it 2× “Iowa Code § 633.552 (2)(a). Curtis thinks this statute is unconstitutionally vague and overbroad because it lacks standards “restraining the discretion of adjudicators.”
Nicole Greenwood v. State Pub. Def., 901 N.W.2d 529 (Iowa Ct. App. 2017).
“See generally Iowa Code § 633.552 (outlining what must be included in a petition for the appointment of a guardian).”
In re the Matter of the Guardianship & Conservatorship of R.K., Ward (Iowa Ct. App. 2018).
“See Iowa Code § 633.552 (2)(a) (authorizing the filing of a petition for appointment of a guardian for “a person whose decision-making capacity is so impaired that the person is unable to care for the person’s personal safety or to attend to or provide for necessities for the…”
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