Cause for termination
[S13, §3228-e; C24, 27, 31, 35, 39, §12641; C46, 50, 54, 58, 62, §671.10, 672.21; C66, 71, 73, 75, 77, 79, 81, §633.675] 97 Acts, ch 178, §16; 2010 Acts, ch 1143, §3; 2011 Acts, ch 25, §74; 2014 Acts, ch 1048, §2; 2019 Acts, ch 57, §37, 43, 44; 2020 Acts, ch 1063, §361, 362; 2021 Acts, ch 8, §25; 2024 Acts, ch 1009, §33
1. A guardianship or a conservatorship shall terminate upon the occurrence of any of the following circumstances:
- a. If the protected person is a minor, when the protected person reaches full age.
- b. The death of the protected person.
- c. Upon determination by the court that the conservatorship or guardianship is no longer necessary for any other reason.
- 2. The court shall terminate a guardianship if it finds that the basis for appointing a guardian pursuant to section 633.552 has not been established.
- 3. The court shall terminate a conservatorship if the court finds that the basis for appointing a conservator pursuant to section 633.553 or 633.554 is not satisfied.
4. The court shall terminate a conservatorship if it finds by clear and convincing evidence all of the following:
- a. The value of the protected person’s property is insufficient to justify the cost of administration.
- b. That continued administration of the conservatorship is not in the best interest of the protected person.
- c. That a reasonable alternative exists under section 633.678 for managing the protected person’s assets.
- 5. The standard of proof and the burden of proof to be applied in a termination proceeding shall be the same as set forth in section 633.551, subsection 2.
[S13, §3228-e; C24, 27, 31, 35, 39, §12641; C46, 50, 54, 58, 62, §671.10, 672.21; C66, 71, 73, 75, 77, 79, 81, §633.675] 97 Acts, ch 178, §16; 2010 Acts, ch 1143, §3; 2011 Acts, ch 25, §74; 2014 Acts, ch 1048, §2; 2019 Acts, ch 57, §37, 43, 44; 2020 Acts, ch 1063, §361, 362; 2021 Acts, ch 8, §25; 2024 Acts, ch 1009, §33
Referred to in §633.635, 633.637, 633.669