§ 633.569 — Emergency appointment of temporary guardian or conservator

Iowa § 633.569

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 633: PROBATE CODE

Text

1. A person authorized to file a petition under section 633.556 or 633.557 may file an
application for the emergency appointment of a temporary guardian or conservator.
2. Such application shall state all of the following:
a. The name and address of the respondent.
b. The name and address of the petitioner and the petitioner’s relationship to the
respondent.
c. The name and address of the proposed guardian or conservator and the reason the
proposed guardian or conservator should be selected.
d. The names and addresses, to the extent known, of any other persons who must be
named in the petition for the appointment of a guardian or conservator under section 633.556
or 633.557.
e. The reason the emergency appointment of a temporary guardian or conservator is
sought.
3. The court may enter an ex parte order appointing a temporary guardian or conservator
on an emergency basis under this section if the court finds that all of the following conditions
are met:
a. There is not sufficient time to file a petition and hold a hearing pursuant to section
633.556, 633.557, or 633.560.
b. The appointment of a temporary guardian or conservator is necessary to avoid
immediate or irreparable harm to the respondent before a hearing with notice to the
respondent can be held.
c. There is reason to believe that the basis for appointment of guardian or conservator
exists under section 633.556 or 633.557.
4. Notice of a petition for the appointment of a temporary guardian or conservator and
the issuance of an ex parte order appointing a temporary guardian or conservator shall

be provided to the respondent, the respondent’s attorney, and any other person the court
determines should receive notice.
5. Upon the issuance of an ex parte order, if the respondent is an adult, the respondent
may file a request for a hearing. If the respondent is a minor, the respondent, a parent having
legal custody of the respondent, or any other person having legal custody of the respondent
may file a written request for a hearing. Such hearing shall be held no later than seven days
after the filing of a written request.
6. The powers of the temporary guardian or conservator set forth in the order of the
court shall be limited to those necessary to address the emergency situation requiring the
appointment of a temporary guardian or conservator.
7. The temporary guardianship or conservatorship shall terminate within thirty days after
the order is issued.
8. The court may order an extension of the temporary guardianship or conservatorship
for up to sixty days for good cause shown, including a showing that a hearing on a petition
for a guardianship or conservatorship under section 633.556 or 633.557 cannot be scheduled
within sixty days after the order for a temporary guardianship or conservatorship is issued.
Prior to or contemporaneously with the filing for an application for the extension of time, the
guardian or conservator shall file a report with the court setting forth all of the following:
a. All actions conducted by the guardian or conservator on behalf of the protected person
from the time of the initial appointment of the guardian up to the time of the report.
b. All actions that the guardian or conservator plans to conduct on behalf of the protected
person during the sixty-day extension period.
9. Thetemporaryguardianorconservatorshallsubmitanyotherreportthecourtrequires.