If, during pendency of an action, a party is adjudged incompetent or confined in any state hospital for the mentally ill or if the party's physician certifies to the court that the party appears to be mentally incapable of acting in the party's own behalf, the conservator or guardian shall be joined or if there is none, the court shall appoint a guardian ad litem for the party.
Rule 1.223.Incapacity pending action
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.223 requires that a party's conservator or guardian be joined, or a guardian ad litem be appointed if there is none, whenever that party is adjudged incompetent, confined in a state hospital for the mentally ill, or certified by a physician as mentally incapable of acting on their own behalf while the action is pending.
Full Text of Rule 1.223
Plain-English Summary
A party's capacity can change after a case has already begun. Rule 1.223 addresses what happens when, during the pendency of an action, a party is adjudged incompetent, becomes confined in a state hospital for the mentally ill, or is certified by their physician to the court as mentally incapable of acting on their own behalf.
When any of those events occurs, the rule requires that the party's conservator or guardian be joined in the action. If the party has neither a conservator nor a guardian, the court must instead appoint a guardian ad litem for that party. Either way, the case does not proceed with a party who has lost the capacity to act for themselves and no one standing in to protect their interests.
Frequently Asked Questions
What happens if a party is adjudged incompetent while their lawsuit is already underway?
Rule 1.223 requires that the party's conservator or guardian be joined in the action, or, if there is none, that the court appoint a guardian ad litem for that party.
Does confinement in a state hospital during the case trigger this rule?
Yes. Rule 1.223 applies when a party becomes confined in any state hospital for the mentally ill during the pendency of the action, alongside a formal adjudication of incompetency or a physician's certification of mental incapacity.
Who decides whether a party has become mentally incapable of acting on their own behalf?
Under Rule 1.223, that determination is triggered by the party's physician certifying to the court that the party appears mentally incapable of acting in their own behalf.
If the party already has a guardian, does the court still need to appoint a guardian ad litem?
No. Rule 1.223 requires joining the existing conservator or guardian in that situation; a guardian ad litem is required only when the party has neither.
Does this rule apply to a plaintiff as well as a defendant?
Yes. Rule 1.223 refers to a party generally, without distinguishing between plaintiffs and defendants, so it applies whichever side of the case the affected party is on.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa party becomes incompetent during lawsuitguardian ad litem appointed mid case iowaincapacity arising during a pending action iowajoining conservator during pending lawsuit iowa