§ 232D.503 — Termination and modification of guardianships

Iowa § 232D.503

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 232D: MINOR GUARDIANSHIPS

Text

1. A guardianship shall terminate on the minor’s death, adoption, emancipation, or
attainment of majority.
2. The court shall terminate a guardianship established pursuant to section 232D.203 if
thecourtfindsthatthebasisfortheguardianshipsetforthinsection232D.203isnotcurrently
satisfied unless the court finds that the termination of the guardianship would be harmful to
the minor and the minor’s interest in continuation of the guardianship outweighs the interest
of a parent of the minor in the termination of the guardianship.
3. The court shall terminate a guardianship established pursuant to section 232D.204 if
thecourtfindsthatthebasisfortheguardianshipsetforthinsection232D.204isnotcurrently
satisfied. A person seeking termination of guardianship established pursuant to section
232D.204 has the burden of making a prima facie showing that the guardianship should be
terminated. If such a showing is made, the guardian has the burden of going forward to
prove by clear and convincing evidence that the guardianship should not be terminated.
4. Thecourtshallmodifythepowersgrantedtotheguardianifthecourtfindssuchpowers
no longer meet the needs of the minor or are not in the minor’s best interest.
5. The court may conduct a hearing to determine whether termination or modification of
a guardianship is appropriate on the filing of a petition by a minor fourteen years of age or
older who is under guardianship, a guardian, or other person with an interest in the welfare
of the minor or on receipt of a written communication from such persons.
6. If the court orders termination of a guardianship established under this chapter and the
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guardian has custody of any assets of a protected person who is a minor or was a minor at
the time of the minor’s death, the court shall order delivery of the minor’s assets to the minor
or to a fiduciary acting under one or more of the following:
a. A conservatorship established for the minor.
b. A personal representative appointed as a result of the minor’s death.
c. Auniformtransfertominoraccountestablishedfortheminorpursuanttochapter565B
or the laws of any other state.
d. A uniform custodial trust account established for the minor pursuant to chapter 633F
or the laws of any other state.
e. A college savings plan account established for the minor pursuant to Internal Revenue
Code section 529 or chapter 12D or the laws of any other state.
f. An ABLE account established for the minor with disabilities pursuant to Internal
Revenue Code section 529A or chapter 12I or the laws of any other state.