Iowa Code

Iowa Code § 633.556 (2026)

Petition for appointment of guardian or conservator for an adult

✓ current as of July 2026

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1. A formal judicial proceeding to determine whether to appoint a guardian or conservator for an adult shall be initiated by the filing of a verified petition by a person with an interest in the welfare of the adult, which may include the adult who is the subject of the petition.

2. The petition shall contain a concise statement of the factual basis for the petition.

3. The petition shall contain a concise statement of why there is no less restrictive alternative to the appointment of a guardian or a conservator.

4. The petition shall list the name and address of the respondent and petitioner, and the petitioner’s relationship to the respondent.

5. The petition shall list the name and address, to the extent known, of the following:

a. The name and address of the proposed guardian and the reason the proposed guardian should be selected.

b. Any spouse of the respondent.

c. Any adult children of the respondent.

d. Any parents of the respondent.

e. Any adult, who has had the primary care of the respondent or with whom the\n\nTue Dec 09 21:59:22 2025 Iowa Code 2026, Chapter 633 (154, 4) 113 PROBATE CODE, §633.558\n\nrespondent has lived for at least six months prior to the filing of the petition, or any institution or facility where the respondent has resided for at least six months prior to the filing of the petition.

f. Any legal representative or representative payee of the respondent.

g. Any person designated as an attorney in fact in a durable power of attorney for health care which is valid under chapter 144B, or any person designated as an agent in a durable power of attorney which is valid under chapter 633B.

6. Any additional persons who may have an interest in the proceeding may be listed in an affidavit attached to the petition.

7. If the petition requests the appointment of a conservator, the petition shall state the estimated present value of the real estate owned or to be owned by the respondent, the estimated value of the personal property owned or to be owned by the respondent, and the estimated gross annual income of the respondent.

8. Any additional information relevant to the proceeding may be included in an affidavit attached to the petition.

9. The person listed in the petition for guardianship or conservatorship pursuant to subsections 4, 5, and 6 shall be given notice of the filing of the petition for guardianship or conservatorship pursuant to section 633.558. A person entitled to notice under this subsection does not gain standing in a guardianship or conservatorship proceeding as a result of being entitled to notice unless so ordered by the court. 2019 Acts, ch 57, §13, 43, 44; 2024 Acts, ch 1009, §13 – 15 Referred to in §229.27, 232D.311, 235B.18, 235B.19, 633.558, 633.569, 633.634, 633.717 Former §633.556 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43 \n

Notes of Decisions

Cited in 7 cases, 1991–2020 · leading case: Ernst v. Grap, 799 N.W.2d 549 (Iowa Ct. App. 2011).

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Ernst v. Grap, 799 N.W.2d 549 (Iowa Ct. App. 2011). · cites it 6× “” Iowa Code § 633.556 (1) (emphasis added).”

Matter of Guardianship of Reed, 468 N.W.2d 819 (Iowa 1991). · cites it 4× “Section 633.556 states: If the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved, the court may appoint a guardian.”

In the Matter of the Guardianships of J.W. & J.W., Minor Child. (Iowa Ct. App. 2020). · cites it 6× “” Iowa Code § 633.556 (1) (2018). 6 that the proposed wards were minors, the court found calling a jury was pointless and it struck the petitioner’s jury demand.”

State of Iowa v. Aaron Christopher Ortiz (Iowa Ct. App. 2019). · cites it 4× “See Iowa Code §§ 633.556 , 633.635(4). 4 Evident from the undersigned’s interactions with the [d]efendant, the undersigned believes the [d]efendant suffers from a serious mental health issue.”

In the Matter of the Guardianship of A.B. & B.B., Minor Child., A.B., Father, appellant/cross-appellee, J.K., Guardian, appellee/cross-appellant. (Iowa Ct. App. 2016). · cites it 2× “Iowa Code § 633.556 (1); In re Guardianship of G.”

In the Matter of the Guardianship & Conservatorship of Sherry G. Steelman Albert T. Steelman III, Intervenor-Appellant. (Iowa Ct. App. 2014). · cites it 2× “See Iowa Code § 633.556 (2). Albert’s chief concern is that a limited appointment was not considered.”

In the Matter of the Guardianship of C.R., a Minor Child, Colleen Robinson & Cedrick Robinson v. Dustin Atkinson (Iowa Ct. App. 2015). “§ 633.556. Iowa Code section 633.559 provides in part: “[T]he parents of a minor child, or either of them, if qualified and suitable, shall be preferred over all others for appointment as guardian.”

— Iowa Code § 633.556(1) — 1 case

Ernst v. Grap, 799 N.W.2d 549 (Iowa Ct. App. 2011). “” Iowa Code § 633.556 (1) (emphasis added).”

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