Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.638 (2026)

Presumption of fraud

✓ current as of July 2026
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If a conservator be appointed, all contracts, transfers, and gifts made by the protected person after the filing of the petition shall be presumed to be a fraud against the rights and interest of the protected person except as otherwise directed by the court pursuant to section 633.637. [C24, 27, 31, 35, 39, §12622; C46, 50, 54, 58, 62, §670.10; C66, 71, 73, 75, 77, 79, 81, §633.638] 2024 Acts, ch 1009, §70

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Notes of Decisions
Cited in 3 cases, 1971–2016 · leading case: Suplee v. Stonebraker, 195 N.W.2d 678 (Iowa 1972).
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Suplee v. Stonebraker, 195 N.W.2d 678 (Iowa 1972). “All contracts, transfers and gifts made by the ward after filing of the petition for conservatorship are presumed fraudulent (§ 633.638). In this case we cannot divorce the petition to terminate, and the favorable ruling on it, from conservator’s derelictions demonstrated by the…”
Union Trust & Sav. Bank v. State Bank, 188 N.W.2d 300 (Iowa 1971). “See also The Code 1966, Sections 633.638, 633.647. VIII. It is to us apparent, (1) Bonnie Semprini executed and delivered to plaintiff, as sole obligee, a continuing accommodation guaranty limited only as to amount and nature of any debt to be thereby secured; (2) defendant was…”
Linda I. Peterson as Tr. of the Linda I. Peterson Revocable Trust, Mark Peterson & Linda Peterson v. Kay Dorothy Pohren Adam (Iowa Ct. App. 2016). · cites it 4× “” Iowa Code § 633.638 . While the code creates a presumption of fraud when a ward enters into a contract, the code also provides the mere fact one is a ward does not constitute an adjudication one is of unsound mind and thus incapable of contracting.”
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