§ 633b-108

633B.108 Nomination of conservator or guardian — relation of agent to court-appointed fiduciary. 1. Under a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court if proceedings forthe principal’s estate or person are begun after the principal executes the power of attorney.Except for good cause shown or disqualification, the court shall make its appointment inaccordance with the principal’s most recent nomination. This section does not prohibitan individual from executing a petition for the voluntary appointment of a guardian orconservator on a standby basis pursuant to sections 633.568 and 633.591. 2. If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of some or all of theprincipal’s property, the power of attorney is suspended unless the power of attorney providesotherwise or unless the court appointing the conservator decides the power of attorney shouldcontinue. If the power of attorney continues, the agent is accountable to the fiduciary aswell as to the principal.

or unless the court appointing the conservator decides the power of attorney shouldcontinue. If the power of attorney continues, the agent is accountable to the fiduciary aswell as to the principal. The power of attorney shall be reinstated upon termination of theconservatorship as a result of the principal regaining capacity. 2014 Acts, ch 1078, §10; 2019 Acts, ch 57, §40, 43, 442019 amendment to subsection 1 takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts,ch 57, §43, 44 Sat Dec 23 12:14:06 2023 Iowa Code 2024, Section 633B.108 (16, 0)