1. A protected person for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the protected person possesses the requisite testamentary capacity, unless the court determines that the protected person has a limited ability to handle the protected person’s own funds. If the court makes such a finding, the court shall specify to what extent the protected person may possess and use the protected person’s own funds.
2. Any modification of the powers of the protected person that would be more restrictive of the protected person’s control over the protected person’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator. Any modification that would be less restrictive of the protected person’s control over the protected person’s financial affairs shall be based upon proof in accordance with the requirements of section 633.675. [C66, 71, 73, 75, 77, 79, 81, §633.637] 97 Acts, ch 178, §15; 2019 Acts, ch 24, §88; 2024 Acts, ch 1009, §68 Referred to in §633.551, 633.596, 633.638 \n
Notes of Decisions
Matter of Conservatorship of Rininger, 500 N.W.2d 47 (Iowa 1993).
· cites it 10× “Iowa Code § 633.637 (emphasis added). Prichard urges that, notwithstanding lack of prior court approval, these transactions should be viewed in retrospect and a finding made that Darrell was able to manage his own funds.”
Suplee v. Stonebraker, 195 N.W.2d 678 (Iowa 1972).
“After the appointment the ward cannot dispose of property except by will, and then only if he has the requisite testamentary capacity (§ 633.637). All contracts, transfers and gifts made by the ward after filing of the petition for conservatorship are presumed fraudulent (§ 633.”
State of Iowa v. Tiffani Marie Finch (Iowa Ct. App. 2020).
· cites it 3× “§ 633.637. The district court also found Finch knew Blankenship’s conservator had full authority over his affairs.”
Winslow v. Poole (Iowa Ct. App. 2025).
· cites it 2× “Although allowing challenges to wills under section 633.637 during the ward’s life may avoid some post-death will contests, it might generate unnecessary challenges to wills that are never probated.”
Comm'r, 2006 T.C. Memo. 76 (1970).
“Given the district court's order and the foregoing terms of the 1995 FSA, we are persuaded that decedent and the conservator were legally bound to avoid transfer of the FABG stock without consent during decedent's lifetime, and that the Rod Amlie Family had an enforceable right…”
— Iowa Code § 633.637(1) — 2 cases
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