Minor Conservatorships
The Iowa Probate Court may establish a conservatorship for a minor to protect the money and other property of the minor. The court can appoint a conservator if it finds by a preponderance of the evidence that the conservatorship is in the best interest of the minor and that one of the following conditions applies:
- A conservator is needed because the minor “has funds or other property requiring management or protection that otherwise cannot be provided.”
- A conservator is needed because the minor “has or may have financial affairs that may be put at unreasonable risk or hindered” due to the minor’s age.
- A conservator is needed to obtain or provide funds or property. Iowa Code section 633.554.
A minor conservatorship can last only until the minor reaches age 18 but the court may end the conservatorship if certain conditions are met. See Iowa Code sections 633.675 and 633.681.
Establishing a Minor Conservatorship
The first step to establishing a minor conservatorship is filing a petition for the appointment of a conservator for a minor with the court. Any person with an interest in the welfare of the minor may file a petition. Iowa Code section 633.557. If you have questions about how to file a petition, you should contact the clerk of court at your local courthouse.
The information a petition must contain is listed in Iowa Code section 633.557. At the time when the petition is filed, the persons listed in the petition must be notified. Iowa Code section 633.559.
The court may, but does not have to, appoint a “court visitor,” who may interview interested persons for the court and make recommendations to the court. Iowa Code section 633.562.
A background check of the proposed conservator, including criminal record checks, and checks of the child abuse, dependent adult abuse, and sex offender registries checks is required. The person filing the petition is responsible for paying the $15 fee for the background check. Iowa Code section 633.564. See Iowa Court Rule 7.12 Form 2 –Background Check Information for a Proposed Conservator of a Protected Person.
Once a petition for appointment of a conservator is filed, the court must set a time for a hearing, 20 or more days after the parties are notified. The respondent is entitled to attend the hearing. Iowa Code section 633.560.
The court must give preference to the appointment of one or both parents, if qualified and suitable, as the conservator. Preference next must be given to:
- a person the parents nominated in an executed will,
- a person requested by a minor 14 years of age or older, or
- a person designated as a conservator in a standby petition by a person having legal or physical custody of the minor.
Subject to these preferences, the court must appoint any person who is qualified, suitable, and willing to serve as a conservator. Iowa Code section 633.566.
Individual conservators must secure and file a surety bond with the court, equal to the value of the protected person’s estate. Iowa Code section 633.169. The court can waive the bond if there is an alternative to the bond that will provide sufficient protection to the assets of the protected person. Banks and trust companies appointed as conservators do not have to secure and file a surety bond, Iowa Code section 633.175.
The court has an ongoing responsibility to monitor minor conservatorships. The goal of this monitoring is to ensure the protection of the funds and other property of the minor subject to conservatorship and to ensure that conservators are appropriately carrying out their duties and responsibilities.
A conservator for a minor protected person must submit periodic reports to the court about the protected person’s status and the conservator’s activities on behalf of the protected person for court review and approval.