232D.503 Termination and modification of guardianships.
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 the court finds that the basis for the guardianship set forth in section 232D.203 is not currently 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 the court finds that the basis for the guardianship set forth in section 232D.204 is not currently 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. The court shall modify the powers granted to the guardian if the court finds such powers 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 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. A uniform transfer to minor account established for the minor pursuant to chapter 565B 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.
2019 Acts, ch 56, §27, 44, 45; 2021 Acts, ch 8, §22; 2021 Acts, ch 174, §13
Referred to in §232D.501
Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
NEW subsection 6
Structure Iowa Code
Chapter 232D - MINOR GUARDIANSHIPS
Section 232D.101 - Short title.
Section 232D.102 - Definitions.
Section 232D.103 - Jurisdiction.
Section 232D.105 - Proceedings governed by other law.
Section 232D.106 - Applicability of rules of civil procedure.
Section 232D.201 - Termination of parental rights and child in need of assistance cases.
Section 232D.202 - Death of parents.
Section 232D.203 - Guardianship with parental consent.
Section 232D.204 - Guardianship without parental consent.
Section 232D.303 - Attorney for minor.
Section 232D.304 - Attorney for parent.
Section 232D.305 - Court visitor.
Section 232D.306 - Hearing on petition.
Section 232D.307 - Background checks of proposed guardians.
Section 232D.308 - Selection of guardian — qualifications and preferences.
Section 232D.309 - Emergency appointment of temporary guardian.
Section 232D.310 - Appointment of a guardian for a minor on a standby basis.
Section 232D.311 - Appointment of guardian for minor approaching majority on a standby basis.
Section 232D.401 - Order appointing guardian and powers of guardian.
Section 232D.402 - Duties and responsibilities of guardian.
Section 232D.501 - Reports of guardian.
Section 232D.502 - Removal of guardian — appointment of successor guardian.
Section 232D.503 - Termination and modification of guardianships.