§ 633.716 — Transfer of guardianship or conservatorship to another state

Iowa § 633.716

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

Text

1. A guardian or conservator appointed in this state may petition the court to transfer the
guardianship or conservatorship to another state.
2. Notice of a petition under subsection 1 shall be given to the persons that would be
entitled to notice of a petition in this state for the appointment of a guardian or conservator.
3. On the court’s own motion or on request of the guardian or conservator, the
incapacitated or protected person, or other person required to be notified of the petition, the
court shall hold a hearing on a petition filed pursuant to subsection 1.
4. The court shall issue an order provisionally granting a petition to transfer a
guardianship and shall direct the guardian to petition for guardianship in the other state if
the court is satisfied that the guardianship will be accepted by the court in the other state
and the court finds all of the following:
a. The incapacitated person is physically present in or is reasonably expected to move
permanently to the other state.
b. An objection to the transfer has not been made or, if an objection has been made,
the objector has not established that the transfer would be contrary to the interests of the
incapacitated person.
c. Plansforcareandservicesfortheincapacitatedpersonintheotherstatearereasonable
and sufficient.
5. The court shall issue a provisional order granting a petition to transfer a
conservatorship and shall direct the conservator to petition for conservatorship in the other
state if the court is satisfied that the conservatorship will be accepted by the court of the
other state and the court finds all of the following:
a. The protected person is physically present in or is reasonably expected to move
permanently to the other state, or the protected person has a significant connection to the
other state considering the factors in section 633.707.

b. An objection to the transfer has not been made or, if an objection has been made,
the objector has not established that the transfer would be contrary to the interests of the
protected person.
c. Adequate arrangements will be made for management of the protected person’s
property.
6. The court shall issue a final order confirming the transfer and terminating the
guardianship or conservatorship upon its receipt of all of the following:
a. A provisional order accepting the proceeding from the court to which the proceeding
is to be transferred which is issued under provisions similar to section 633.717.
b. The documents required to terminate a guardianship or conservatorship in this state.