Iowa Code

Iowa Code § 633.566 (2026)

Preference as to appointment of conservator

✓ current as of July 2026
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The parents of a minor, or either of them, if qualified and suitable, shall be preferred over all others for appointment as conservator. Preference shall then be given to any person, if qualified and suitable, nominated as conservator for a minor child by a will executed by the parent having custody of a minor child, and any qualified and suitable person requested by a minor fourteen years of age or older, or by standby petition executed by a person having\n\nTue Dec 09 21:59:22 2025 Iowa Code 2026, Chapter 633 (154, 4) 119 PROBATE CODE, §633.569\n\nphysical and legal custody of a minor. Subject to these preferences, the court shall appoint as conservator a qualified and suitable person who is willing to serve in that capacity. [C51, §1491, 1492, 1495, 1498; R60, §2543, 2544, 2547, 2550; C73, §2241, 2242, 2244, 2249; C97, §3192, 3193, 3195; C24, 27, 31, 35, 39, §12573, 12574, 12576; C46, 50, 54, 58, 62, §668.1, 668.2, 668.4; C66, 71, 73, 75, 77, 79, 81, §633.571] 94 Acts, ch 1153, §10; 2019 Acts, ch 57, §42 – 44 C2020, §633.566 Former §633.566 repealed effective January 1, 2020, by 2019 Acts, ch 57, §41, 43

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Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1978–2021 · leading case: Audubon-Exira Ready Mix, Inc. v. Illinois Cent. Gulf R.R., 335 N.W.2d 148 (Iowa 1983).
Audubon-Exira Ready Mix, Inc. v. Illinois Cent. Gulf R.R., 335 N.W.2d 148 (Iowa 1983). · cites it 4× “When an injured parent recovers for the child the jury or finder of facts should make a separate finding, specially fixing the amount of any such recovery. Amounts so recovered for the child are the child's property.”
Matter of Conservatorship of Leonard, 563 N.W.2d 193 (Iowa 1997). · cites it 10× “See Iowa Code § 633.566 . As Milton points out, there is good reason why this provision does not provide for or allow such consent.”
In Re the Guardianship & Conservatorship of Teeter, 537 N.W.2d 808 (Iowa Ct. App. 1995). · cites it 6× “570 (1993). Iowa Code section 633.566 provides, in applicable part: By reason of mental, physical or other incapacity is unable to make or carry out important decisions concerning the proposed ward’s financial affairs.”
Beeck v. S.R. Smith Co., 359 N.W.2d 482 (Iowa 1984). · cites it 2× “See Iowa Code §§ 633.566 , .567, and .574 (1983) .”
Matter of Est. of Young, 273 N.W.2d 388 (Iowa 1978). · cites it 2× “A petition for appointment of a conservator of the property of the minor children may be filed under § 633.566(2); that conservator will receive the children’s shares.”
Iowa Supreme Court Attorney Disciplinary Bd. v. Richard J. Murphy, 800 N.W.2d 37 (Iowa 2011). “§ 633.566(2)(a )-(&) (describing the categories to support the conservatorship).”
Guardianship & Conservatorship of Schmidt, 401 N.W.2d 37 (Iowa 1987). · cites it 2× “) Section 633.566 provides: “Any person may file with the clerk a verified petition for the appointment of a conservator.”
In the Matter of the Guardianship of Jeanette Kliege in the Matter of the Conservatorship of Jeanette Kliege. (Iowa Ct. App. 2016). · cites it 2× “” Iowa Code § 633.566 (2)(a). The petitioner must prove by clear and convincing evidence the need to appoint a conservator.”
In the Matter of the Guardianship & Conservatorship of Lori Feistner (Iowa Ct. App. 2018). · cites it 2× “” See Iowa Code § 633.566 (2)(a). 6 As with the guardianship, Steffen failed to prove by clear and convincing evidence the need for a conservatorship.”
In the Matter of the Guardianship & Conservatorship of B.Z. (Iowa Ct. App. 2020). · cites it 2× “See Iowa Code § 633.566 (2)(a). Without dispute, B.”
In the Matter of the Guardianship & Conservatoship of Vernon D. Radda (Iowa 2021). · cites it 2× “The Kienes primarily rely on unpublished cases to support their contention that they can challenge the validity of Radda’s wills before he dies.5 But in most states will contests must await the testator’s 4Our interpretation of section 633.”
In re the Matter of the Guardianship & Conservatorship of R.K., Ward (Iowa Ct. App. 2018). “§ 633.566(2)(a) (authorizing the filing of a petition for appointment of a conservator for “a person whose decision-making capacity is so impaired that the person is unable to make, communicate, or carry out important decisions concerning the person’s financial affairs”).”
— Iowa Code § 633.566(2) — 2 cases
Matter of Est. of Young, 273 N.W.2d 388 (Iowa 1978). “A petition for appointment of a conservator of the property of the minor children may be filed under § 633.566(2); that conservator will receive the children’s shares.”
Iowa Supreme Court Attorney Disciplinary Bd. v. Richard J. Murphy, 800 N.W.2d 37 (Iowa 2011). “§ 633.566(2)(a )-(&) (describing the categories to support the conservatorship).”
— Iowa Code § 633.566(2)(a) — 2 cases
In re the Matter of the Guardianship & Conservatorship of R.K., Ward (Iowa Ct. App. 2018). “§ 633.566(2)(a) (authorizing the filing of a petition for appointment of a conservator for “a person whose decision-making capacity is so impaired that the person is unable to make, communicate, or carry out important decisions concerning the person’s financial affairs”).”
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