When a conservatorship or guardianship ceases for any reason, any action or proceeding then pending shall not abate. The conservator's or guardian's successor, the former ward, or the personal representative of the ward's estate shall be substituted or joined as a party. If no application is made for substitution, the court on its own motion may appoint a personal representative to represent the deceased party in the action.
Rule 1.224.Nonabatement in case of guardianship
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.224 keeps a pending action alive when a conservatorship or guardianship ends for any reason, requiring the successor conservator or guardian, the former ward, or the ward's personal representative to be substituted or joined, with the court able to appoint a personal representative on its own motion if no one applies.
Full Text of Rule 1.224
Plain-English Summary
A conservatorship or guardianship does not always outlast the litigation it was connected to. Rule 1.224 addresses what happens when the arrangement ends while an action or proceeding is still pending: the case does not abate merely because the conservatorship or guardianship has ceased.
Instead, the rule calls for one of several people to be substituted into the case or joined as a party: the conservator's or guardian's successor, the former ward, or the personal representative of the ward's estate. Which of these applies depends on why the arrangement ended — a successor conservator or guardian if the role passed to someone else, the former ward directly if the ward regained the capacity to act, or the ward's personal representative if the ward has died.
Rule 1.224 also guards against the case stalling for lack of an application. If no one applies for substitution, the court can act on its own motion and appoint a personal representative to represent the deceased party in the action, so the case can keep moving even without a party or attorney taking the initiative.
Frequently Asked Questions
If a guardianship ends while a lawsuit is pending, does the case get dismissed?
No. Rule 1.224 states that the pending action or proceeding shall not abate when a conservatorship or guardianship ceases for any reason.
Who takes the former ward's place in the case once the guardianship ends?
Depending on the circumstances, the conservator's or guardian's successor, the former ward personally, or the personal representative of the ward's estate is substituted or joined as a party.
What happens if no one files an application to substitute a new party after the ward's death?
Rule 1.224 lets the court, on its own motion, appoint a personal representative to represent the deceased party in the action, so the case is not left in limbo for lack of an application.
Does this rule apply no matter why the conservatorship or guardianship ended?
Yes. Rule 1.224 says it applies when the conservatorship or guardianship ceases for any reason, without limiting itself to a specific cause.
If a ward regains capacity and the guardianship is terminated, can the ward continue the case personally?
Yes. Rule 1.224 lists the former ward among those who may be substituted or joined as a party once the guardianship or conservatorship ends.
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 guardianship ends during lawsuitsuccessor guardian substitution iowanonabatement when guardianship ceases iowacourt appoints personal representative on own motion iowa