Bill Text: IA HF610 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to the opening of guardianships for adults and conservatorships for adults and minors and the administration of guardianships and conservatorships and including effective date and applicability provisions. (Formerly HSB 22.) Effective 1-1-20.
Spectrum: Committee Bill
Status: (Passed) 2019-05-01 - Signed by Governor. H.J. 1082. [HF610 Detail]
Download: Iowa-2019-HF610-Enrolled.html
House
File
610
-
Enrolled
House
File
610
AN
ACT
RELATING
TO
THE
OPENING
OF
GUARDIANSHIPS
FOR
ADULTS
AND
CONSERVATORSHIPS
FOR
ADULTS
AND
MINORS
AND
THE
ADMINISTRATION
OF
GUARDIANSHIPS
AND
CONSERVATORSHIPS
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
48A.2,
subsection
4,
Code
2019,
is
amended
to
read
as
follows:
4.
“Person
who
is
incompetent
to
vote”
means
a
person
with
an
intellectual
disability
who
has
been
found
to
lack
the
mental
capacity
to
vote
in
a
proceeding
held
pursuant
to
section
633.556
633.552
.
Sec.
2.
Section
229.27,
subsection
3,
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
A
hearing
limited
to
the
question
of
the
person’s
competence
and
conducted
in
substantially
the
manner
prescribed
in
sections
633.552
,
to
633.556
,
633.558,
and
633.560
shall
be
held
when:
Sec.
3.
Section
235B.18,
subsections
4
and
5,
Code
2019,
are
amended
to
read
as
follows:
4.
If,
at
the
hearing,
the
judge
finds
by
clear
and
convincing
evidence
that
the
dependent
adult
is
in
need
of
protective
services
and
lacks
the
capacity
to
consent
to
the
receipt
of
protective
services,
the
judge
may
issue
an
order
authorizing
the
provision
of
protective
services.
The
order
may
include
the
designation
of
a
person
to
be
responsible
for
House
File
610,
p.
2
performing
or
obtaining
protective
services
on
behalf
of
the
dependent
adult
or
otherwise
consenting
to
the
receipt
of
protective
services
on
behalf
of
the
dependent
adult.
Within
sixty
days
of
the
appointment
of
such
a
person
the
court
shall
conduct
a
review
to
determine
if
a
petition
shall
be
initiated
in
accordance
with
section
633.552
633.556
for
good
cause
shown.
The
court
may
extend
the
sixty-day
period
for
an
additional
sixty
days,
at
the
end
of
which
the
court
shall
conduct
a
review
to
determine
if
a
petition
shall
be
initiated
in
accordance
with
section
633.552
633.556
.
A
dependent
adult
shall
not
be
committed
to
a
mental
health
facility
under
this
section
.
5.
A
determination
by
the
court
that
a
dependent
adult
lacks
the
capacity
to
consent
to
the
receipt
of
protective
services
under
this
chapter
shall
not
affect
incompetency
proceedings
under
sections
633.552
,
through
633.556
,
633.558,
and
633.560
or
any
other
proceedings,
and
incompetency
proceedings
under
sections
633.552
,
through
633.556
,
633.558,
and
633.560
shall
not
have
a
conclusive
effect
on
the
question
of
capacity
to
consent
to
the
receipt
of
protective
services
under
this
chapter
.
A
person
previously
adjudicated
as
incompetent
under
the
relevant
provisions
of
chapter
633
is
entitled
to
the
care,
protection,
and
services
under
this
chapter
.
Sec.
4.
Section
235B.19,
subsection
5,
paragraph
a,
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
Notwithstanding
sections
633.552
633.556
and
633.573
633.569
,
upon
a
finding
that
there
is
probable
cause
to
believe
that
the
dependent
adult
abuse
presents
an
immediate
danger
to
the
health
or
safety
of
the
dependent
adult
or
is
producing
irreparable
harm
to
the
physical
or
financial
resources
or
property
of
the
dependent
adult,
and
that
the
dependent
adult
lacks
capacity
to
consent
to
the
receipt
of
services,
the
court
may
order
the
appointment
of
a
temporary
guardian
or
temporary
conservator
without
notice
to
the
dependent
adult
or
the
dependent
adult’s
attorney
if
all
of
the
following
conditions
are
met:
Sec.
5.
Section
622.10,
subsection
3,
paragraph
f,
Code
2019,
is
amended
to
read
as
follows:
House
File
610,
p.
3
f.
The
provisions
of
this
subsection
do
not
apply
to
actions
or
claims
brought
pursuant
to
chapter
85
,
85A
,
or
85B
,
or
to
court
orders
issued
pursuant
to
section
633.552
.
Sec.
6.
Section
633.3,
Code
2019,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
Assistance
animal
——
means
an
animal
that
qualifies
as
a
reasonable
accommodation
under
the
federal
Fair
Housing
Act,
42
U.S.C.
§3601
et
seq.,
as
amended,
or
section
504
of
the
federal
Rehabilitation
Act
of
1973,
29
U.S.C.
§794,
as
amended.
NEW
SUBSECTION
.
1B.
Assistive
animal
——
means
a
simian
or
other
animal
specially
trained
or
in
the
process
of
being
trained
to
assist
a
person
with
a
disability.
NEW
SUBSECTION
.
27A.
Limited
guardianship
——
means
a
guardianship
that
grants
the
guardian
less
than
all
powers
available
under
this
chapter
or
otherwise
restricts
the
powers
of
the
guardian.
NEW
SUBSECTION
.
32A.
Protected
person
——
means
a
person
subject
to
guardianship
or
a
person
subject
to
conservatorship,
or
both.
NEW
SUBSECTION
.
32B.
Respondent
——
means
a
person
who
is
alleged
to
be
a
person
in
need
of
a
guardianship
or
conservatorship,
or
both.
NEW
SUBSECTION
.
32C.
Service
animal
——
means
a
dog
or
miniature
horse
as
set
forth
in
the
implementing
regulations
of
Title
II
and
Title
III
of
the
federal
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
seq.
Sec.
7.
Section
633.174,
Code
2019,
is
amended
to
read
as
follows:
633.174
Guardians
and
conservators
——
bond.
1.
When
the
guardian
appointed
for
a
person
is
not
the
conservator
of
the
property
of
that
person,
no
bond
shall
be
required
of
the
guardian,
unless
the
court
for
good
cause
finds
it
proper
to
require
one.
If
no
bond
is
initially
required,
the
court
may,
nevertheless,
for
good
cause,
at
any
subsequent
time,
require
that
a
bond
be
given.
2.
Every
conservator
shall
execute
and
file
with
the
clerk
a
bond
with
sufficient
surety
or
sureties
except
as
provided
in
section
633.175.
House
File
610,
p.
4
Sec.
8.
Section
633.175,
Code
2019,
is
amended
to
read
as
follows:
633.175
Waiver
of
bond
by
court.
1.
The
court,
for
good
cause
shown,
may
exempt
any
fiduciary
from
giving
bond,
if
the
court
finds
that
the
interests
of
creditors
and
distributees
will
not
thereby
be
prejudiced.
2.
However,
the
court,
except
as
provided
in
section
633.172,
subsection
2
,
shall
not
exempt
a
conservator
,
other
than
a
financial
institution
with
Iowa
trust
powers,
from
giving
bond
in
a
conservatorship
with
total
assets
of
more
than
twenty-five
thousand
dollars,
excluding
real
property,
unless
it
is
a
voluntary
conservatorship
in
which
the
petitioner
is
eighteen
years
of
age
or
older
and
has
waived
bond
in
the
petition
unless
the
court
finds
that
there
is
an
alternative
to
a
bond
that
will
provide
sufficient
protection
to
the
assets
of
the
protected
person
.
The
conservator
shall
submit
a
plan
for
any
proposed
alternative
to
a
bond
for
review
and
approval
by
the
court.
Sec.
9.
Section
633.551,
Code
2019,
is
amended
to
read
as
follows:
633.551
Guardianships
and
conservatorships
——
general
General
provisions.
1.
The
determination
of
incompetency
of
the
proposed
ward
or
ward
and
the
determination
of
the
need
for
the
appointment
of
a
guardian
or
conservator
or
of
the
modification
or
termination
of
a
guardianship
or
conservatorship
adult
respondent
to
a
petition
for
guardianship
or
conservatorship
or
an
adult
subject
to
guardianship
or
conservatorship
shall
be
supported
by
clear
and
convincing
evidence.
2.
The
burden
of
persuasion
is
on
the
petitioner
in
an
initial
proceeding
to
appoint
a
guardian
or
conservator.
In
a
proceeding
to
modify
or
terminate
a
guardianship
or
conservatorship,
if
the
guardian
or
conservator
is
the
petitioner,
the
burden
of
persuasion
remains
with
the
guardian
or
conservator.
In
a
proceeding
to
terminate
a
guardianship
or
conservatorship,
if
the
ward
protected
person
is
the
petitioner,
the
ward
protected
person
shall
make
a
prima
facie
showing
of
some
decision-making
capacity.
Once
a
prima
facie
showing
is
made,
the
burden
of
persuasion
is
on
the
guardian
or
House
File
610,
p.
5
conservator
to
show
by
clear
and
convincing
evidence
that
the
ward
protected
person
is
incompetent.
3.
In
determining
whether
a
guardianship
or
conservatorship
is
to
be
established,
modified,
or
terminated,
the
district
court
shall
consider
if
a
limited
guardianship
or
conservatorship
pursuant
to
section
633.635
or
633.637
is
appropriate.
In
making
the
determination,
the
court
shall
make
findings
of
fact
to
support
the
powers
conferred
on
the
guardian
or
conservator.
4.
In
proceedings
to
establish,
modify,
or
terminate
a
guardianship
or
conservatorship,
in
determining
if
the
proposed
ward
or
ward
respondent
or
protected
person
is
incompetent
as
defined
in
section
633.3
,
the
court
shall
consider
credible
evidence
from
any
source
to
the
effect
of
third-party
assistance
in
meeting
the
needs
of
the
proposed
ward
or
ward
as
to
whether
there
are
other
less
restrictive
alternatives,
including
third-party
assistance,
that
would
meet
the
needs
of
the
respondent
or
the
protected
person
.
However,
neither
party
to
the
action
shall
have
the
burden
to
produce
such
evidence
relating
to
other
less
restrictive
alternatives,
including
but
not
limited
to
third-party
assistance.
5.
Except
as
otherwise
provided
in
sections
633.672
and
633.673
,
in
proceedings
to
establish
a
guardianship
or
conservatorship,
the
costs,
including
attorney
fees
,
court
visitor
fees,
and
expert
witness
fees,
shall
be
assessed
against
the
ward
or
the
ward’s
respondent
or
the
respondent’s
estate
unless
the
proceeding
is
dismissed
either
voluntarily
or
involuntarily,
in
which
case
fees
and
costs
may
be
assessed
against
the
petitioner
for
good
cause
shown.
6.
Except
as
otherwise
provided
in
this
subchapter,
the
rules
of
civil
procedure
shall
govern
proceedings
to
establish,
modify,
or
terminate
a
guardianship
or
conservatorship.
Sec.
10.
NEW
SECTION
.
633.552
Basis
for
appointment
of
guardian
for
an
adult.
1.
On
petition
and
after
notice
and
hearing,
the
court
may
appoint
a
guardian
for
an
adult
if
the
court
finds
by
clear
and
convincing
evidence
that
all
of
the
following
are
true:
a.
The
decision-making
capacity
of
the
respondent
is
so
impaired
that
the
respondent
is
unable
to
care
for
the
House
File
610,
p.
6
respondent’s
safety,
or
to
provide
for
necessities
such
as
food,
shelter,
clothing,
or
medical
care
without
which
physical
injury
or
illness
may
occur.
b.
The
appointment
of
a
guardian
is
in
the
best
interest
of
the
respondent.
2.
Section
633.551
applies
to
the
appointment
of
a
guardian
under
subsection
1.
3.
If
the
court
appoints
a
guardian
based
upon
the
mental
incapacity
of
the
protected
person
because
the
protected
person
has
an
intellectual
disability,
as
defined
in
section
4.1,
the
court
shall
make
a
separate
determination
as
to
the
protected
person’s
competency
to
vote.
The
court
shall
find
a
protected
person
incompetent
to
vote
only
upon
determining
that
the
person
lacks
sufficient
mental
capacity
to
comprehend
and
exercise
the
right
to
vote.
Sec.
11.
NEW
SECTION
.
633.553
Basis
for
appointment
of
conservator
for
an
adult.
1.
On
petition
and
after
notice
and
hearing,
the
court
may
appoint
a
conservator
for
an
adult
if
the
court
finds
by
clear
and
convincing
evidence
that
both
of
the
following
are
true:
a.
The
decision-making
capacity
of
the
respondent
is
so
impaired
that
the
respondent
is
unable
to
make,
communicate,
or
carry
out
important
decisions
concerning
the
respondent’s
financial
affairs.
b.
The
appointment
of
a
conservator
is
in
the
best
interest
of
the
respondent.
2.
Section
633.551
applies
to
the
appointment
of
a
conservatorship
under
subsection
1.
Sec.
12.
NEW
SECTION
.
633.554
Basis
for
appointment
of
conservator
for
a
minor.
On
petition
and
after
notice,
the
court
may
appoint
a
conservator
for
a
minor
if
the
court
finds
by
a
preponderance
of
the
evidence
that
the
appointment
is
in
the
best
interest
of
the
minor
and
any
of
the
following
is
true:
1.
The
minor
has
funds
or
other
property
requiring
management
or
protection
that
otherwise
cannot
be
provided.
2.
The
minor
has
or
may
have
financial
affairs
that
may
be
put
at
unreasonable
risk
or
hindered
because
of
the
minor’s
age.
House
File
610,
p.
7
3.
A
conservator
is
needed
to
obtain
or
provide
funds
or
other
property.
Sec.
13.
NEW
SECTION
.
633.556
Petition
for
appointment
of
guardian
or
conservator
for
an
adult.
1.
A
formal
judicial
proceeding
to
determine
whether
to
appoint
a
guardian
or
conservator
for
an
adult
shall
be
initiated
by
the
filing
of
a
verified
petition
by
a
person
with
an
interest
in
the
welfare
of
the
adult,
which
may
include
the
adult
who
is
the
subject
of
the
petition.
2.
The
petition
shall
contain
a
concise
statement
of
the
factual
basis
for
the
petition.
3.
The
petition
shall
contain
a
concise
statement
of
why
there
is
no
less
restrictive
alternative
to
the
appointment
of
a
guardian
or
a
conservator.
4.
The
petition
shall
list
the
name
and
address
of
the
petitioner
and
the
petitioner’s
relationship
to
the
respondent.
5.
The
petition
shall
list
the
name
and
address,
to
the
extent
known,
of
the
following:
a.
The
name
and
address
of
the
proposed
guardian
and
the
reason
the
proposed
guardian
should
be
selected.
b.
Any
spouse
of
the
respondent.
c.
Any
adult
children
of
the
respondent.
d.
Any
parents
of
the
respondent.
e.
Any
adult,
who
has
had
the
primary
care
of
the
respondent
or
with
whom
the
respondent
has
lived
for
at
least
six
months
prior
to
the
filing
of
the
petition,
or
any
institution
or
facility
where
the
respondent
has
resided
for
at
least
six
months
prior
to
the
filing
of
the
petition.
f.
Any
legal
representative
or
representative
payee
of
the
respondent.
g.
Any
person
designated
as
an
attorney
in
fact
in
a
durable
power
of
attorney
for
health
care
which
is
valid
under
chapter
144B,
or
any
person
designated
as
an
agent
in
a
durable
power
of
attorney
which
is
valid
under
chapter
633B.
6.
Any
additional
persons
who
may
have
an
interest
in
the
proceeding
may
be
listed
in
an
affidavit
attached
to
the
petition.
7.
If
the
petition
requests
the
appointment
of
a
conservator,
the
petition
shall
state
the
estimated
present
House
File
610,
p.
8
value
of
the
real
estate
owned
or
to
be
owned
by
the
respondent,
the
estimated
value
of
the
personal
property
owned
or
to
be
owned
by
the
respondent,
and
the
estimated
gross
annual
income
of
the
respondent.
8.
The
petition
shall
provide
a
brief
description
of
the
respondent’s
alleged
functional
limitations
that
make
the
respondent
unable
to
communicate
or
carry
out
important
decisions
concerning
the
respondent’s
financial
affairs.
9.
Any
additional
information
relevant
to
the
proceeding
may
be
included
in
an
affidavit
attached
to
the
petition.
Sec.
14.
NEW
SECTION
.
633.557
Petition
for
appointment
of
a
conservator
for
a
minor.
1.
A
formal
judicial
proceeding
to
determine
whether
to
appoint
a
conservator
for
a
minor
shall
be
initiated
by
the
filing
of
a
verified
petition
by
a
person
with
an
interest
in
the
welfare
of
the
minor.
2.
The
petition
shall
contain
a
concise
statement
of
the
factual
basis
for
the
petition.
3.
The
petition
shall
state
the
following
to
the
extent
known:
a.
The
name,
age,
and
address
of
the
minor.
b.
The
name
and
address
of
the
petitioner
and
the
petitioner’s
relationship
to
the
minor.
c.
The
name
and
address
of
the
proposed
conservator
and
the
reason
the
proposed
conservator
should
be
selected.
d.
If
the
petitioner,
or
the
proposed
conservator,
is
not
the
parent
or
parents
having
legal
custody
of
the
minor,
the
name
and
address,
to
the
extent
known,
of
the
following:
(1)
The
parent
or
parents
having
legal
custody
of
the
minor.
(2)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
with
whom
the
minor
has
lived
for
at
least
six
months
prior
to
the
filing
of
the
petition,
or
any
institution
or
facility
where
the
minor
has
resided
for
at
least
six
months
prior
to
the
filing
of
the
petition.
Sec.
15.
NEW
SECTION
.
633.558
Notice
to
adult
respondent.
1.
The
filing
of
a
petition
filed
pursuant
to
section
633.556
shall
be
served
upon
the
adult
respondent
in
the
manner
of
an
original
notice
in
accordance
with
the
Iowa
rules
of
civil
procedure
governing
such
notice.
Notice
to
the
House
File
610,
p.
9
attorney
representing
the
respondent,
if
any,
is
notice
to
the
respondent.
2.
Notice
shall
be
served
upon
other
known
persons
listed
in
the
petition
in
the
manner
prescribed
by
the
court,
which
may
be
notice
by
mail
in
accordance
with
the
Iowa
rules
of
civil
procedure.
Failure
of
such
persons
to
receive
actual
notice
does
not
constitute
a
jurisdictional
defect
precluding
the
appointment
of
a
guardian
or
conservator
by
the
court.
3.
Notice
of
the
filing
of
a
petition
given
to
persons
under
subsections
2
and
3
shall
include
a
statement
that
such
persons
may
register
to
receive
notice
of
the
hearing
on
the
petition
and
other
proceedings
and
the
manner
of
such
registration.
Sec.
16.
NEW
SECTION
.
633.559
Notice
to
minor
respondent.
1.
The
filing
of
a
petition
pursuant
to
section
633.557
shall
be
served
upon
a
minor
respondent
in
the
manner
of
an
original
notice
in
accordance
with
the
Iowa
rules
of
civil
procedure
governing
such
notice.
Notice
to
the
attorney
representing
the
minor,
if
any,
is
notice
to
the
minor.
2.
Notice
shall
also
be
served
upon
the
known
parent
or
parents
listed
in
the
petition
in
accordance
with
the
Iowa
rules
of
civil
procedure.
3.
Notice
shall
be
served
upon
other
known
persons
listed
in
the
petition
in
the
manner
prescribed
by
the
court,
which
may
be
notice
by
mail
in
accordance
with
the
Iowa
rules
of
civil
procedure.
Failure
of
such
persons
to
receive
actual
notice
does
not
constitute
a
jurisdictional
defect
precluding
the
appointment
of
a
conservator
by
the
court.
4.
Notice
of
the
filing
of
a
petition
given
to
persons
under
subsections
2
and
3
shall
include
a
statement
that
the
recipient
of
the
notice
may
register
to
receive
notice
of
the
hearing
on
the
petition
and
other
proceedings
and
the
manner
of
such
registration.
Sec.
17.
NEW
SECTION
.
633.560
Hearing.
1.
The
court
shall
fix
the
time
and
place
of
hearing
on
a
petition
and
shall
prescribe
a
time
not
less
than
twenty
days
after
the
date
the
notice
is
served
unless
the
court
finds
there
is
good
cause
shown
to
shorten
the
time
period
to
less
than
twenty
days
pursuant
to
section
633.40.
The
court
shall
also
prescribe
the
manner
of
service
of
the
notice
of
such
House
File
610,
p.
10
hearing
pursuant
to
section
633.40.
2.
The
respondent
shall
be
entitled
to
attend
the
hearing
on
the
petition
and
all
other
proceedings.
The
court
shall
make
reasonable
accommodations
to
enable
the
respondent
to
attend
the
hearing
and
all
other
proceedings.
The
court
may
waive
the
respondent’s
attendance
for
good
cause
shown.
The
court
shall
make
a
record
of
the
reason
for
a
respondent’s
nonattendance.
3.
The
court
shall
require
the
proposed
guardian
or
conservator
to
attend
the
hearing
on
the
petition
but
the
court
may
excuse
the
proposed
guardian’s
attendance
for
good
cause
shown.
4.
The
court
shall
require
the
court
visitor
as
described
in
section
633.562,
if
any,
to
attend
the
hearing
but
the
court
may
excuse
the
court
visitor’s
attendance
for
good
cause
shown.
5.
Any
person
with
an
interest
in
the
welfare
of
the
respondent
may
submit
a
written
application
to
the
court
requesting
permission
to
participate
in
the
hearing
on
the
petition
and
other
proceedings.
The
court
may
grant
the
request
if
the
court
finds
that
the
person’s
participation
is
in
the
best
interest
of
the
respondent.
The
court
may
impose
appropriate
conditions
on
the
person’s
participation.
6.
A
complete
record
of
the
hearing
shall
be
made.
Sec.
18.
Section
633.560,
Code
2019,
is
amended
to
read
as
follows:
633.560
Appointment
of
guardian
for
an
adult
on
a
standby
basis.
A
petition
for
the
appointment
of
a
guardian
for
an
adult
on
a
standby
basis
may
be
filed
by
any
person
under
the
same
procedure
and
requirements
as
provided
in
sections
633.591
to
633.597
,
for
appointment
of
standby
conservator,
insofar
as
applicable.
In
all
proceedings
to
appoint
a
guardian,
the
court
shall
consider
whether
a
limited
guardianship,
as
authorized
in
section
633.635
,
is
appropriate.
Sec.
19.
NEW
SECTION
.
633.560A
Mediation.
1.
The
district
court
may,
on
its
own
motion
or
on
the
motion
of
any
party,
order
the
parties
to
participate
in
mediation
in
any
guardianship
or
conservatorship
action.
Mediation
performed
under
this
section
shall
comply
with
the
provisions
of
chapter
679C.
The
court
shall,
upon
application
House
File
610,
p.
11
of
a
party,
grant
a
waiver
from
any
court-ordered
mediation
under
this
section
if
the
party
demonstrates
that
a
history
of
domestic
abuse
exists
similarly
as
considered
in
section
598.41,
subsection
3,
paragraph
“j”
.
The
court
may,
upon
application
of
a
party,
grant
a
waiver
from
any
court-ordered
mediation
if
the
action
involves
elder
abuse
pursuant
to
chapter
235F.
2.
Mediation
shall
comply
with
all
of
the
following
standards:
a.
The
parties
will
participate
in
good
faith.
Participation
in
mediation
shall
include
attendance
at
a
mediation
session
with
the
mediator
and
the
parties
to
the
action,
listening
to
the
mediator’s
explanation
of
the
mediation
process,
presentation
of
one
party’s
view
of
the
case,
and
listening
to
the
response
of
the
other
party.
Participation
in
mediation
does
not
require
that
the
parties
reach
an
agreement.
b.
Unless
the
parties
agree
upon
a
mediator,
the
court
shall
appoint
a
mediator.
Any
mediator
appointed
by
the
court
shall
meet
the
qualifications
established
in
this
section.
c.
Parties
to
the
mediation
shall
have
the
right
to
representation
by
an
attorney
at
all
times.
d.
The
parties
to
the
mediation
shall
present
any
agreement
reached
through
the
mediation
to
their
attorneys,
if
any.
A
mediation
agreement
reached
by
the
parties
shall
not
be
enforceable
until
approved
by
the
court.
e.
The
costs
of
mediation
shall
be
borne
by
the
parties,
as
agreed
to
by
the
parties,
or
as
ordered
by
the
court,
and
may
be
taxed
as
court
costs.
3.
A
mediator
appointed
by
the
court
acting
pursuant
to
this
section
shall
have
the
following
qualifications:
a.
Completed
a
one-hour
internet
seminar
or
live
session
regarding
the
external
resources
available
to
a
respondent
with
particular
focus
on
resources
for
older
persons.
b.
A
minimum
of
twenty-five
hours
of
general
mediation
training.
c.
Either
of
the
following:
(1)
Fifteen
hours
of
probate-specific
or
elder-specific
mediation
training.
House
File
610,
p.
12
(2)
Ten
continuous
years
of
practice
in
Iowa
as
a
licensed
attorney
with
the
greater
of
four
hundred
hours
or
forty
percent
of
the
total
hours
of
law
practice
per
year
being
devoted
to
matters
concerning
wills,
trusts,
and
estate
work
for
each
of
the
ten
continuous
years.
Sec.
20.
Section
633.561,
Code
2019,
is
amended
to
read
as
follows:
633.561
Representation
Appointment
and
role
of
attorney
for
respondent
.
1.
In
a
proceeding
for
the
appointment
of
a
guardian
or
conservator
for
an
adult
or
a
conservator
for
a
minor
:
a.
If
the
proposed
ward
respondent
is
an
adult
and
is
not
the
petitioner,
the
proposed
ward
respondent
is
entitled
to
representation
by
an
attorney
.
Upon
the
filing
of
the
petition,
the
court
shall
appoint
an
attorney
to
represent
the
proposed
ward
respondent
,
set
a
hearing
on
the
petition,
and
provide
for
notice
of
the
appointment
of
counsel
and
the
date
for
hearing.
b.
If
the
proposed
ward
respondent
is
either
a
minor
or
an
adult
under
a
standby
petition,
the
court
shall
determine
whether,
under
the
circumstances
of
the
case,
the
proposed
ward
respondent
is
entitled
to
representation.
The
determination
regarding
representation
may
be
made
with
or
without
notice
to
the
proposed
ward
respondent
,
as
the
court
deems
necessary.
If
the
court
determines
that
the
proposed
ward
respondent
is
entitled
to
representation,
the
court
shall
appoint
an
attorney
to
represent
the
proposed
ward
respondent
.
After
making
the
determination
regarding
representation,
the
court
shall
set
a
hearing
on
the
petition,
and
provide
for
notice
on
the
determination
regarding
representation
and
the
date
for
hearing.
c.
The
court
may
take
action
under
paragraph
“a”
or
“b”
prior
to
the
service
of
the
original
notice
upon
the
proposed
ward
respondent
.
d.
The
court
may
reconsider
the
determination
regarding
representation
upon
application
by
any
interested
person.
e.
The
court
may
discharge
the
attorney
appointed
by
the
court
if
it
appears
upon
the
application
of
the
proposed
ward
respondent
or
any
other
interested
person
that
the
ward
House
File
610,
p.
13
respondent
has
privately
retained
an
attorney
who
has
filed
an
appearance
on
behalf
of
the
proposed
ward
respondent
.
2.
The
court
shall
ensure
that
all
proposed
wards
respondents
entitled
to
representation
have
been
provided
with
notice
of
the
right
to
representation
and
right
to
be
personally
present
at
all
proceedings
and
shall
make
findings
of
fact
in
any
order
of
disposition
setting
out
the
manner
in
which
notification
was
provided.
3.
If
the
proposed
ward
respondent
is
entitled
to
representation
and
is
indigent
or
incapable
of
requesting
counsel,
the
court
shall
appoint
an
attorney
to
represent
the
proposed
ward
respondent
.
The
cost
of
court
appointed
counsel
for
indigents
shall
be
assessed
against
the
county
in
which
the
proceedings
are
pending.
For
the
purposes
of
this
subsection
,
the
court
shall
find
a
person
is
indigent
if
the
person’s
income
and
resources
do
not
exceed
one
hundred
fifty
percent
of
the
federal
poverty
level
or
the
person
would
be
unable
to
pay
such
costs
without
prejudicing
the
person’s
financial
ability
to
provide
economic
necessities
for
the
person
or
the
person’s
dependents.
4.
An
attorney
appointed
pursuant
to
this
section
shall:
a.
Ensure
that
the
proposed
ward
respondent
has
been
properly
advised
of
the
nature
and
purpose
of
the
proceeding.
b.
Advocate
for
the
wishes
of
the
respondent
to
the
extent
those
wishes
are
reasonably
ascertainable.
If
the
respondent’s
wishes
are
not
reasonably
ascertainable,
the
attorney
shall
advocate
for
the
least
restrictive
alternative
consistent
with
the
respondent’s
best
interests.
b.
c.
Ensure
that
the
proposed
ward
respondent
has
been
properly
advised
of
the
ward’s
respondent’s
rights
in
a
guardianship
proceeding.
c.
d.
Personally
interview
the
proposed
ward
respondent
.
d.
e.
File
a
written
report
stating
whether
there
is
a
return
on
file
showing
that
proper
service
on
the
proposed
ward
respondent
has
been
made
and
also
stating
that
specific
compliance
with
paragraphs
“a”
through
“c”
“d”
has
been
made
or
stating
the
inability
to
comply
by
reason
of
the
proposed
ward’s
respondent’s
condition.
e.
Represent
the
proposed
ward.
House
File
610,
p.
14
f.
Ensure
that
the
guardianship
procedures
conform
to
the
statutory
and
due
process
requirements
of
Iowa
law.
5.
In
the
event
that
an
order
of
appointment
is
entered,
the
attorney
appointed
pursuant
to
this
section
,
to
the
extent
possible,
shall:
a.
Inform
the
proposed
ward
respondent
of
the
effects
of
the
order
entered
for
appointment
of
guardian.
b.
Advise
the
ward
respondent
of
the
ward’s
respondent’s
rights
to
petition
for
modification
or
termination
of
the
guardianship.
c.
Advise
the
ward
respondent
of
the
rights
retained
by
the
ward
respondent
.
6.
If
the
court
determines
that
it
would
be
in
the
ward’s
respondent’s
best
interest
to
have
legal
representation
with
respect
to
any
proceedings
in
a
guardianship
or
conservatorship
,
the
court
may
appoint
an
attorney
to
represent
the
ward
respondent
at
the
expense
of
the
ward
respondent
or
the
ward’s
respondent’s
estate,
or
if
the
ward
respondent
is
indigent
the
cost
of
the
court
appointed
attorney
shall
be
assessed
against
the
county
in
which
the
proceedings
are
pending.
7.
If
the
court
determines
upon
application
that
it
is
appropriate
or
necessary,
the
court
may
order
that
the
attorney
appointed
pursuant
to
this
section
be
given
copies
of
and
access
to
the
proposed
ward’s
respondent’s
health
information
by
describing
with
reasonable
specificity
the
health
information
to
be
disclosed
or
accessed,
for
the
purpose
of
fulfilling
the
attorney’s
responsibilities
pursuant
to
this
section
.
Sec.
21.
NEW
SECTION
.
633.562
Appointment
and
role
of
court
visitor.
1.
If
the
court
determines
that
the
appointment
of
a
court
visitor
would
be
in
the
best
interest
of
the
respondent,
the
court
shall
appoint
a
court
visitor
at
the
expense
of
the
respondent
or
the
respondent’s
estate,
or,
if
the
respondent
is
indigent,
the
cost
of
the
court
visitor
shall
be
assessed
against
the
county
in
which
the
proceedings
are
pending.
The
court
may
appoint
any
qualified
person
as
a
court
visitor
in
a
guardianship
or
conservatorship
proceeding.
House
File
610,
p.
15
2.
The
same
person
shall
not
serve
both
as
the
attorney
representing
the
respondent
and
as
court
visitor.
3.
Unless
otherwise
enlarged
or
circumscribed
by
the
court,
the
duties
of
a
court
visitor
with
respect
to
the
respondent
shall
include
all
of
the
following:
a.
Conducting
an
initial
in-person
interview
with
the
respondent.
b.
Explaining
to
the
respondent
the
substance
of
the
petition,
the
purpose
and
effect
of
the
guardianship
or
conservatorship
proceeding,
the
rights
of
the
respondent
at
the
hearing,
and
the
general
powers
and
duties
of
a
guardian
or
conservator.
c.
Determining
the
views
of
the
respondent
regarding
the
proposed
guardian
or
conservator,
the
proposed
guardian’s
or
conservator’s
powers
and
duties,
and
the
scope
and
duration
of
the
proposed
guardianship
or
conservatorship.
4.
In
addition,
if
directed
by
the
court,
the
court
visitor
shall:
a.
Interview
the
petitioner,
and
if
the
petitioner
is
not
the
proposed
guardian
or
conservator,
interview
the
proposed
guardian
or
conservator.
b.
Visit,
to
the
extent
feasible,
the
residence
where
it
is
reasonably
believed
that
the
respondent
will
live
if
the
appointment
of
a
guardian
or
conservator
is
made.
c.
Make
any
other
investigation
the
court
directs
including
but
not
limited
to
interviewing
any
persons
providing
medical,
mental
health,
educational,
social,
and
other
services
to
the
respondent.
5.
The
court
visitor
shall
submit
a
written
report
to
the
court
that
shall
contain
all
of
the
following:
a.
A
recommendation
regarding
the
appropriateness
of
a
limited
guardianship
for
the
respondent,
including
whether
less
restrictive
alternatives
are
available.
b.
A
statement
of
the
qualifications
of
the
guardian
together
with
a
statement
of
whether
the
respondent
has
expressed
agreement
with
the
appointment
of
the
proposed
guardian
or
conservator.
c.
Any
other
matters
the
court
visitor
deems
relevant
to
the
petition
for
guardianship
or
conservatorship
and
the
best
House
File
610,
p.
16
interests
of
the
respondent.
d.
Any
other
matters
the
court
directs.
6.
The
report
of
the
court
visitor
shall
be
made
part
of
the
court
record
unless
otherwise
ordered
by
the
court.
Sec.
22.
NEW
SECTION
.
633.563
Court-ordered
professional
evaluation.
1.
At
or
before
a
hearing
on
petition
for
the
appointment
of
a
guardian
or
conservator
or
the
modification
or
termination
of
a
guardianship
or
conservatorship,
the
court
shall
order
a
professional
evaluation
of
the
respondent
unless
one
of
the
following
criteria
are
met:
a.
The
court
finds
it
has
sufficient
information
to
determine
whether
the
criteria
for
a
guardianship
or
conservatorship
are
met.
b.
The
petitioner
or
respondent
has
filed
a
professional
evaluation.
2.
Notwithstanding
subsection
1,
if
the
respondent
has
filed
a
professional
evaluation
and
the
court
determines
an
additional
professional
evaluation
will
assist
the
court
in
understanding
the
decision-making
capacity
and
functional
abilities
and
limitations
of
the
respondent,
the
court
may
order
a
professional
evaluation
of
the
respondent.
3.
If
the
court
orders
an
evaluation,
the
evaluation
shall
be
conducted
by
a
licensed
physician,
psychologist,
social
worker,
or
other
individual
who
is
qualified
to
conduct
an
evaluation
appropriate
for
the
respondent
being
assessed.
4.
Unless
otherwise
directed
by
the
court,
the
report
must
contain
all
of
the
following:
a.
A
description
of
the
nature,
type,
and
extent
of
the
respondent’s
cognitive
and
functional
abilities
and
limitation.
b.
An
evaluation
of
the
respondent’s
mental
and
physical
condition
and,
if
appropriate,
educational
potential,
adaptive
behavior,
and
social
skills.
c.
A
prognosis
for
improvement
and
recommendation
for
the
appropriate
treatment,
support,
or
habilitation
plan.
d.
The
evaluator’s
qualifications
to
evaluate
the
respondent’s
cognitive
and
functional
abilities
limitations
and
lack
of
conflict
of
interest.
e.
The
date
of
examination
on
which
the
report
is
based.
House
File
610,
p.
17
5.
The
cost
of
the
professional
evaluation
shall
be
paid
by
the
respondent
unless
the
respondent
is
indigent
as
defined
in
section
633.561,
subsection
3,
in
which
case
the
costs
shall
be
paid
by
the
county
in
which
the
proceedings
are
pending
or
unless
the
court
orders
otherwise.
6.
At
the
request
of
the
respondent,
the
court
shall
seal
the
record
of
the
results
of
the
evaluation
ordered
by
the
court
subject
to
the
exceptions
in
subsection
7.
7.
The
results
of
the
evaluation
ordered
by
the
court
shall
be
made
available
to
the
court
and
the
following:
a.
The
respondent
and
the
respondent’s
attorney.
b.
The
petitioner
and
the
petitioner’s
attorney.
c.
A
court
visitor
as
described
in
section
633.562.
d.
Other
persons
for
good
cause
shown
for
such
purposes
as
the
court
may
order.
Sec.
23.
NEW
SECTION
.
633.564
Background
check
of
proposed
guardian
or
conservator.
1.
The
court
shall
request
criminal
record
checks
and
checks
of
the
child
abuse,
dependent
adult
abuse,
and
sexual
offender
registries
in
this
state
for
all
proposed
guardians
and
conservators,
other
than
financial
institutions
with
Iowa
trust
powers.
2.
The
court
shall
review
the
results
of
background
checks
in
determining
the
suitability
of
a
proposed
guardian
or
conservator
for
appointment.
3.
The
judicial
branch,
in
conjunction
with
the
department
of
public
safety,
the
department
of
human
services,
and
the
state
chief
information
officer,
shall
establish
procedures
for
electronic
access
to
the
single
contact
repository
established
pursuant
to
section
135C.33
necessary
to
conduct
background
checks
requested
under
subsection
1.
4.
The
person
who
files
a
petition
for
appointment
of
guardian
or
conservator
shall
be
responsible
for
paying
the
fee
for
the
background
check
conducted
through
the
single
contact
repository
established
pursuant
to
section
135C.33.
Sec.
24.
NEW
SECTION
.
633.565
Qualifications
and
selection
of
guardian
or
conservator
for
an
adult.
The
court
shall
appoint
as
guardian
or
conservator
any
qualified
and
suitable
person
who
is
willing
to
serve
as
House
File
610,
p.
18
guardian
or
conservator.
Sec.
25.
NEW
SECTION
.
633.567
Appointment
of
guardian
or
conservator
for
minor
approaching
majority
on
a
standby
basis.
Any
adult
with
an
interest
in
the
welfare
of
a
minor
who
is
at
least
seventeen
years
and
six
months
of
age
may
file
a
verified
petition
pursuant
to
section
633.552
or
section
633.553
to
initiate
a
proceeding
to
appoint
a
guardian
or
conservator
for
the
minor
to
take
effect
on
the
minor’s
eighteenth
birthday.
Sec.
26.
NEW
SECTION
.
633.569
Emergency
appointment
of
temporary
guardian
or
conservator.
1.
A
person
authorized
to
file
a
petition
under
section
633.552,
633.553,
or
633.554
may
file
an
application
for
the
emergency
appointment
of
a
temporary
guardian
or
conservator.
2.
Such
application
shall
state
all
of
the
following:
a.
The
name
and
address
of
the
respondent.
b.
The
name
and
address
of
the
proposed
guardian
or
conservator
and
the
reason
the
proposed
guardian
or
conservator
should
be
selected.
c.
The
reason
the
emergency
appointment
of
a
temporary
guardian
is
sought.
3.
The
court
may
enter
an
ex
parte
order
appointing
a
temporary
guardian
on
an
emergency
basis
under
this
section
if
the
court
finds
that
all
of
the
following
conditions
are
met:
a.
There
is
not
sufficient
time
to
file
a
petition
and
hold
a
hearing
pursuant
to
section
633.552,
633.553,
or
633.554.
b.
The
appointment
of
a
temporary
guardian
or
conservator
is
necessary
to
avoid
immediate
or
irreparable
harm
to
the
respondent.
c.
There
is
reason
to
believe
that
the
basis
for
appointment
of
guardian
or
conservator
exists
under
section
633.552,
633.553,
or
633.554.
4.
Notice
of
a
petition
for
the
appointment
of
a
temporary
guardian
or
conservator
and
the
issuance
of
an
ex
parte
order
appointing
a
temporary
guardian
or
conservator
shall
be
provided
to
the
respondent,
the
respondent’s
attorney,
and
any
other
person
the
court
determines
should
receive
notice.
5.
Upon
the
issuance
of
an
ex
parte
order,
if
the
respondent
is
an
adult,
the
respondent
may
file
a
request
for
a
hearing.
House
File
610,
p.
19
If
the
respondent
is
a
minor,
the
respondent,
a
parent
having
legal
custody
of
the
respondent,
or
any
other
person
having
legal
custody
of
the
respondent
may
file
a
written
request
for
a
hearing.
Such
hearing
shall
be
held
no
later
than
seven
days
after
the
filing
of
a
written
request.
6.
The
powers
of
the
temporary
guardian
or
conservator
set
forth
in
the
order
of
the
court
shall
be
limited
to
those
necessary
to
address
the
emergency
situation
requiring
the
appointment
of
a
temporary
guardian
or
conservator.
7.
The
temporary
guardianship
or
conservatorship
shall
terminate
within
thirty
days
after
the
order
is
issued.
Sec.
27.
NEW
SECTION
.
633.570
Notification
of
guardianship
and
conservatorship
powers.
1.
In
a
proceeding
for
the
appointment
of
a
guardian,
the
respondent
shall
be
given
written
notice
which
advises
the
respondent
of
the
powers
that
a
guardian
may
exercise
without
court
approval
pursuant
to
section
633.635,
subsection
2,
and
the
powers
that
the
guardian
may
exercise
only
with
court
approval
pursuant
to
section
633.635,
subsection
3.
2.
In
a
proceeding
for
the
appointment
of
a
conservator,
the
respondent
shall
be
given
written
notice
which
advises
the
respondent
of
the
powers
that
a
conservator
may
exercise
without
court
approval
pursuant
to
section
633.646
and
the
powers
that
the
guardian
may
exercise
only
with
court
approval
pursuant
to
section
633.647.
3.
If
the
respondent
is
an
adult,
the
notice
shall
clearly
advise
the
respondent
of
the
respondent’s
rights
to
representation
by
an
attorney
and
the
potential
deprivation
of
the
respondent’s
civil
rights.
The
notice
shall
also
state
that
the
respondent
may
be
represented
by
the
respondent’s
own
attorney
rather
than
an
attorney
appointed
by
the
court.
If
the
respondent
is
an
adult,
notice
shall
be
served
upon
the
respondent
with
the
notice
of
the
filing
of
the
petition
as
provided
in
section
633.558.
If
the
respondent
is
a
minor,
notice
shall
be
served
upon
the
respondent
with
the
notice
of
the
filing
of
a
petition
as
provided
in
section
633.559.
Sec.
28.
Section
633.574,
Code
2019,
is
amended
to
read
as
follows:
633.574
Procedure
in
lieu
of
conservatorship
for
a
minor
.
House
File
610,
p.
20
If
a
conservator
has
not
been
appointed
for
a
minor
,
money
due
a
minor
or
other
property
to
which
a
minor
is
entitled,
not
exceeding
in
the
aggregate
twenty-five
thousand
dollars
in
value,
shall
be
paid
or
delivered
to
a
custodian
under
any
uniform
transfers
to
minors
Act.
The
written
receipt
of
the
custodian
constitutes
an
acquittance
of
the
person
making
the
payment
of
money
or
delivery
of
property.
Sec.
29.
Section
633.591,
Code
2019,
is
amended
to
read
as
follows:
633.591
Voluntary
petition
for
appointment
of
conservator
——
standby
basis.
Any
person
of
full
age
and
sound
mind
may
execute
a
verified
petition
for
the
voluntary
appointment
of
a
conservator
of
the
person’s
property
upon
the
express
condition
that
such
petition
shall
be
acted
upon
by
the
court
only
upon
the
occurrence
of
an
event
specified
or
the
existence
of
a
described
condition
of
the
mental
or
physical
health
of
the
petitioner,
the
occurrence
of
which
event,
or
the
existence
of
which
condition,
shall
be
established
in
the
manner
directed
in
the
petition.
The
petition,
if
executed
on
or
after
January
1,
1991,
shall
advise
the
proposed
ward
respondent
of
a
conservator’s
powers
as
provided
in
section
633.576
633.570
.
Sec.
30.
Section
633.634,
Code
2019,
is
amended
to
read
as
follows:
633.634
Combination
of
voluntary
and
standby
petitions
with
involuntary
petition
for
hearing
.
If
prior
to
the
time
of
hearing
on
a
petition
for
the
appointment
of
a
guardian
or
a
conservator,
a
petition
is
filed
under
the
provisions
of
section
633.556,
633.557
,
633.572
or
633.591
,
the
court
shall
combine
the
hearing
on
such
petitions
and
determine
who
shall
be
appointed
guardian
or
conservator,
and
such
petition
shall
be
triable
to
the
court.
Sec.
31.
Section
633.635,
Code
2019,
is
amended
to
read
as
follows:
633.635
Responsibilities
of
guardian.
1.
The
order
by
the
court
appointing
a
guardian
shall
state
the
basis
for
the
guardianship
pursuant
to
section
633.552.
1.
2.
Based
upon
the
evidence
produced
at
the
hearing,
the
court
may
grant
a
guardian
the
following
powers
and
duties
with
House
File
610,
p.
21
respect
to
a
protected
person
which
may
be
exercised
without
prior
court
approval:
a.
Providing
for
the
care,
comfort
and
maintenance
of
the
ward,
including
the
appropriate
training
and
education
to
maximize
the
ward’s
potential
Making
decisions
regarding
the
care,
maintenance,
health,
education,
welfare,
and
safety
of
the
protected
person
except
as
otherwise
limited
by
the
court
.
b.
Establishing
the
protected
person’s
permanent
residence
except
as
limited
by
subsection
3.
b.
c.
Taking
reasonable
care
of
the
ward’s
protected
person’s
clothing,
furniture,
vehicle
,
and
other
personal
effects
,
and
companion
animals,
assistive
animals,
assistance
animals,
and
service
animals
.
c.
d.
Assisting
the
ward
protected
person
in
developing
maximum
self-reliance
and
independence.
d.
Ensuring
the
ward
receives
necessary
emergency
medical
services.
e.
Ensuring
the
ward
receives
professional
care,
counseling,
treatment,
or
services
as
needed.
If
necessitated
by
the
physical
or
mental
disability
of
the
ward,
the
provision
of
professional
care,
counseling,
treatment,
or
services
limited
to
the
provision
of
routine
physical
and
dental
examinations
and
procedures
under
anesthesia
is
included,
if
the
anesthesia
is
provided
within
the
scope
of
the
health
care
practitioner’s
scope
of
practice
Consenting
to
and
arranging
for
medical,
dental,
and
other
health
care
treatment
and
services
for
the
protected
person
except
as
otherwise
limited
by
subsection
3
.
f.
Consenting
to
and
arranging
for
other
needed
professional
services
for
the
protected
person.
g.
Consenting
to
and
arranging
for
appropriate
training,
educational,
and
vocational
services
for
the
protected
person.
h.
Maintaining
contact,
including
through
regular
visitation
with
the
protected
person
if
the
protected
person
does
not
reside
with
the
guardian.
f.
i.
Placing
Making
reasonable
efforts
to
identify
and
facilitate
supportive
relationships
and
interactions
of
the
protected
person
with
family
members
and
significant
other
persons.
The
guardian
may
place
reasonable
time,
place,
or
manner
restrictions
on
communication,
visitation,
or
House
File
610,
p.
22
interaction
between
the
adult
ward
protected
person
and
another
person
except
as
otherwise
limited
by
subsection
3
.
g.
j.
Any
other
powers
or
duties
the
court
may
specify.
2.
3.
A
guardian
may
be
granted
the
following
powers
which
may
only
be
exercised
upon
court
approval:
a.
Changing,
at
the
guardian’s
request,
the
ward’s
permanent
residence
if
the
proposed
new
residence
is
more
restrictive
of
the
ward’s
liberties
than
the
current
residence
the
protected
person’s
permanent
residence
to
a
nursing
home,
other
secure
facility,
or
secure
portion
of
a
facility
that
restricts
the
protected
person’s
ability
to
leave
or
have
visitors,
unless
advance
notice
of
the
change
was
included
in
the
guardian’s
initial
care
plan
that
was
approved
by
the
court
.
In
an
emergency
situation,
the
court
shall
review
the
request
for
approval
on
an
expedited
basis.
b.
Arranging
the
provision
of
major
elective
surgery
or
any
other
nonemergency
major
medical
procedure.
For
the
purposes
of
this
paragraph,
“major
elective
surgery”
and
“nonemergency
major
medical
procedure”
do
not
include
the
provision
to
the
ward
of
professional
care,
counseling,
treatment,
or
services
limited
to
the
provision
of
routine
physical
and
dental
examinations
and
procedures
under
anesthesia,
if
the
use
of
anesthesia
is
necessitated
by
the
physical
or
mental
disability
of
the
ward,
and
if
the
anesthesia
is
provided
within
the
scope
of
the
health
care
practitioner’s
scope
of
practice.
Consenting
to
the
following:
(1)
The
withholding
or
withdrawal
of
life-sustaining
procedures
from
the
protected
person
in
accordance
with
chapter
144A
or
144D.
(2)
The
performance
of
an
abortion
on
the
protected
person.
(3)
The
sterilization
of
the
protected
person.
c.
Consent
to
the
withholding
or
withdrawal
of
life-sustaining
procedures
in
accordance
with
chapter
144A
.
d.
c.
Denying
all
communication,
visitation,
or
interaction
by
an
adult
ward
a
protected
person
with
a
person
with
whom
the
adult
ward
protected
person
has
expressed
a
desire
to
communicate,
visit,
or
interact
or
with
a
person
who
seeks
to
communicate,
visit,
or
interact
with
the
adult
ward
protected
person
.
A
court
shall
approve
the
denial
of
all
communication,
House
File
610,
p.
23
visitation,
or
interaction
with
another
person
only
upon
a
showing
of
good
cause
by
the
guardian.
3.
For
the
purposes
of
this
section
:
a.
“Routine
dental
examinations
and
procedures”
includes
preventive
services,
diagnostic
services,
restorative
services,
periodontal
services,
endodontic
services,
oral
surgery,
prosthetic
services,
and
orthodontic
procedures.
b.
“Routine
physical
examinations
and
procedures”
includes
examinations
and
procedures
performed
for
the
purpose
of
general
treatment
or
diagnosis
or
for
the
purpose
of
treatment
or
diagnosis
related
to
a
specific
illness,
symptom,
complaint,
or
injury.
4.
The
court
may
take
into
account
all
available
information
concerning
the
capabilities
of
the
ward
respondent
or
the
protected
person
and
any
additional
evaluation
deemed
necessary,
including
the
availability
of
third-party
assistance
to
meet
the
needs
of
the
ward
or
proposed
ward
respondent
or
the
protected
person
,
and
may
direct
that
the
guardian
have
only
a
specially
limited
responsibility
for
the
ward
protected
person
.
In
that
event,
the
court
shall
state
those
areas
of
responsibility
which
shall
be
supervised
by
the
guardian
and
all
others
shall
be
retained
by
the
ward
protected
person
.
The
court
may
make
a
finding
that
the
ward
protected
person
lacks
the
capacity
to
contract
a
valid
marriage.
5.
From
time
to
time,
upon
a
proper
showing,
the
court
may
modify
the
respective
responsibilities
of
the
guardian
and
the
ward
protected
person
,
after
notice
to
the
ward
protected
person
and
an
opportunity
to
be
heard.
Any
modification
that
would
be
more
restrictive
or
burdensome
for
the
ward
protected
person
shall
be
based
on
clear
and
convincing
evidence
that
the
ward
protected
person
continues
to
fall
within
the
categories
of
meet
the
basis
for
the
appointment
of
a
guardian
pursuant
to
section
633.552
,
subsection
2
,
paragraph
“a”
or
“b”
,
and
that
the
facts
justify
a
modification
of
the
guardianship.
Section
633.551
applies
to
the
modification
proceedings.
Any
modification
that
would
be
less
restrictive
for
the
ward
protected
person
shall
be
based
upon
proof
in
accordance
with
the
requirements
of
section
633.675
.
Sec.
32.
Section
633.641,
Code
2019,
is
amended
by
striking
House
File
610,
p.
24
the
section
and
inserting
in
lieu
thereof
the
following:
633.641
Duties
of
conservator.
1.
A
conservator
is
a
fiduciary
and
has
duties
of
prudence
and
loyalty
to
the
protected
person.
2.
In
investing
and
selecting
specific
property
for
distribution,
a
conservator
shall
consider
any
estate
plan
or
other
donative,
nominative,
or
appointive
instrument
of
the
protected
person,
known
to
the
conservator.
3.
If
a
protected
person
has
executed
a
valid
power
of
attorney
under
chapter
633B,
the
conservator
shall
act
in
accordance
with
the
applicable
provisions
of
chapter
633B.
4.
The
conservator
shall
report
to
the
department
of
human
services
the
protected
person’s
assets
and
income,
if
the
protected
person
is
receiving
medical
assistance
under
chapter
249A.
Such
reports
shall
be
made
upon
establishment
of
a
conservatorship
for
an
individual
applying
for
or
receiving
medical
assistance,
upon
application
for
benefits
on
behalf
of
the
protected
person,
upon
annual
or
semiannual
review
of
continued
medical
assistance
eligibility,
when
any
significant
change
in
the
protected
person’s
assets
or
income
occurs,
or
as
otherwise
requested
by
the
department
of
human
services.
Written
reports
shall
be
provided
to
the
department
of
human
services
office
for
the
county
in
which
the
protected
person
resides
or
the
office
in
which
the
protected
person’s
medical
assistance
is
administered.
Sec.
33.
NEW
SECTION
.
633.642
Responsibilities
of
conservator.
Except
as
otherwise
ordered
by
the
court,
a
conservator
must
give
notice
to
persons
entitled
to
notice
and
receive
specific
prior
authorization
by
the
court
before
the
conservator
may
take
any
other
action
on
behalf
of
the
protected
person.
These
other
powers
requiring
court
approval
include
the
authority
of
the
conservator
to:
1.
Invest
the
protected
person’s
assets
consistent
with
section
633.123.
2.
Make
gifts
on
the
protected
person’s
behalf
from
conservatorship
assets
to
persons
or
religious,
educational,
scientific,
charitable,
or
other
nonprofit
organizations
to
whom
or
to
which
such
gifts
were
regularly
made
prior
to
the
House
File
610,
p.
25
conservator’s
appointment;
or
on
a
showing
that
such
gifts
would
benefit
the
protected
person
from
the
perspective
of
gift,
estate,
inheritance,
or
other
taxes.
No
gift
shall
be
allowed
which
would
foreseeably
prevent
adequate
provision
for
the
protected
person’s
best
interest.
3.
Make
payments
consistent
with
the
conservator’s
plan
described
above
directly
to
the
protected
person
or
to
others
for
the
protected
person’s
education
and
training
needs.
4.
Use
the
protected
person’s
income
or
assets
to
provide
for
any
person
that
the
protected
person
is
legally
obligated
to
support.
5.
Compromise,
adjust,
arbitrate,
or
settle
any
claim
by
or
against
the
protected
person
or
the
conservator.
6.
Make
elections
for
a
protected
person
who
is
the
surviving
spouse
as
provided
in
sections
633.236
and
633.240.
7.
Exercise
the
right
to
disclaim
on
behalf
of
the
protected
person
as
provided
in
section
633E.5.
8.
Sell,
mortgage,
exchange,
pledge,
or
lease
the
protected
person’s
real
and
personal
property
consistent
with
subchapter
VII,
part
6
of
this
chapter
regarding
sale
of
property
from
a
decedent’s
estate.
Sec.
34.
Section
633.648,
Code
2019,
is
amended
to
read
as
follows:
633.648
Appointment
of
attorney
in
compromise
of
personal
injury
settlements.
Notwithstanding
the
provisions
of
section
633.647
633.642
prior
to
authorizing
a
compromise
of
a
claim
for
damages
on
account
of
personal
injuries
to
the
ward,
the
court
may
order
an
independent
investigation
by
an
attorney
other
than
by
the
attorney
for
the
conservator.
The
cost
of
such
investigation,
including
a
reasonable
attorney
fee,
shall
be
taxed
as
part
of
the
cost
of
the
conservatorship.
Sec.
35.
Section
633.669,
Code
2019,
is
amended
to
read
as
follows:
633.669
Reporting
requirements
——
assistance
by
clerk.
1.
A
guardian
appointed
by
the
court
under
this
chapter
shall
file
with
the
court
the
following
written
verified
reports
which
shall
not
be
waived
by
the
court
:
a.
An
initial
report
within
sixty
days
of
the
guardian’s
House
File
610,
p.
26
appointment
care
plan
filed
within
sixty
days
of
appointment
.
The
information
in
the
initial
care
plan
shall
include
but
not
be
limited
to
the
following
information:
(1)
The
current
residence
of
the
protected
person
and
the
guardian’s
plan
for
the
protected
person’s
living
arrangements.
(2)
The
guardian’s
plan
for
payment
of
the
protected
person’s
living
expenses
and
other
expenses.
(3)
The
protected
person’s
health
status
and
health
care
needs,
and
the
guardian’s
plan
for
meeting
the
protected
person’s
needs
for
medical,
dental,
and
other
health
care
needs.
(4)
If
applicable,
the
guardian’s
plan
for
other
professional
services
needed
by
the
protected
person.
(5)
If
applicable,
the
guardian’s
plan
for
meeting
the
educational,
training,
and
vocational
needs
of
the
protected
person.
(6)
If
applicable,
the
guardian’s
plan
for
facilitating
the
participation
of
the
protected
person
in
social
activities.
(7)
The
guardian’s
plan
for
facilitating
contacts
between
the
protected
person
and
the
protected
person’s
family
members
and
other
significant
persons.
(8)
The
guardian’s
plan
for
contact
with,
and
activities
on
behalf
of,
the
protected
person.
b.
An
annual
report,
filed
within
ninety
sixty
days
of
the
close
of
the
reporting
period,
unless
the
court
otherwise
orders
on
good
cause
shown.
The
information
in
the
annual
report
shall
include
but
not
be
limited
to
the
following
information:
(1)
The
current
living
arrangements
of
the
protected
person.
(2)
The
sources
of
payment
for
the
protected
person’s
living
expenses
and
other
expenses.
(3)
A
description,
if
applicable,
of
the
following:
(a)
The
protected
person’s
physical
and
mental
health
status
and
the
medical,
dental,
and
other
professional
services
provided
to
the
protected
person.
(b)
If
applicable,
the
protected
person’s
employment
status
and
the
educational,
training,
and
vocational
services
provided
to
the
protected
person.
House
File
610,
p.
27
(c)
The
contact
of
the
protected
person
with
family
members
and
other
significant
persons.
(d)
The
nature
and
extent
of
the
guardian’s
visits
with,
and
activities
on
behalf
of,
the
protected
person.
(4)
The
guardian’s
recommendation
as
to
the
need
for
continuation
of
the
guardianship.
(5)
The
ability
of
the
guardian
to
continue
as
guardian.
(6)
The
need
of
the
guardian
for
assistance
in
providing
or
arranging
for
the
provision
of
the
care
and
protection
of
the
protected
person.
c.
A
final
report
within
thirty
days
of
the
termination
of
the
guardianship
under
section
633.675
unless
that
time
is
extended
by
the
court.
2.
Reports
required
by
this
section
must
include:
a.
The
current
mental
and
physical
condition
of
the
ward.
b.
The
present
living
arrangement
of
the
ward,
including
a
description
of
each
residence
where
the
ward
has
resided
during
the
reporting
period.
c.
A
summary
of
the
medical,
educational,
vocational
and
technical,
and
other
professional
services
provided
for
the
ward.
d.
A
description
of
the
guardian’s
visits
with
and
activities
on
behalf
of
the
ward.
e.
A
recommendation
as
to
the
need
for
continued
guardianship.
f.
Other
information
requested
by
the
court
or
useful
in
the
opinion
of
the
guardian.
3.
2.
The
court
shall
develop
a
simplified
uniform
reporting
form
for
use
in
filing
the
required
reports.
4.
3.
The
clerk
of
the
court
shall
notify
the
guardian
in
writing
of
the
reporting
requirements
and
shall
provide
information
and
assistance
to
the
guardian
in
filing
the
reports.
5.
4.
Reports
of
guardians
shall
be
reviewed
and
approved
by
a
district
court
judge
or
referee.
6.
Reports
required
by
this
section
shall,
if
requested,
be
served
on
the
attorney
appointed
to
represent
the
ward
in
the
guardianship
proceeding
and
all
other
parties
appearing
in
the
proceeding.
House
File
610,
p.
28
Sec.
36.
Section
633.670,
Code
2019,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
633.670
Reports
by
conservators.
1.
A
conservator
shall
file
an
initial
plan
for
protecting,
managing,
investing,
expending,
and
distributing
the
assets
of
the
conservatorship
estate
within
ninety
days
after
appointment.
The
plan
must
be
based
on
the
needs
of
the
protected
person
and
take
into
account
the
best
interest
of
the
protected
person
as
well
as
the
protected
person’s
preference,
values,
and
prior
directions
to
the
extent
known
to,
or
reasonably
ascertainable
by,
the
conservator.
a.
The
initial
plan
shall
include
all
of
the
following:
(1)
A
budget
containing
projected
expenses
and
resources,
including
an
estimate
of
the
total
amount
of
fees
the
conservator
anticipates
charging
per
year
and
a
statement
or
list
of
the
amount
the
conservator
proposes
to
charge
for
each
service
the
conservator
anticipates
providing
to
the
protected
person.
(2)
A
statement
as
to
how
the
conservator
will
involve
the
protected
person
in
decisions
about
management
of
the
conservatorship
estate.
(3)
If
ordered
by
the
court,
any
step
the
conservator
plans
to
take
to
develop
or
restore
the
ability
of
the
protected
person
to
manage
the
conservatorship
estate.
(4)
An
estimate
of
the
duration
of
the
conservatorship.
b.
Within
two
days
after
filing
the
initial
plan,
the
conservator
shall
give
notice
of
the
filing
of
the
initial
plan
with
a
copy
of
the
plan
to
the
protected
person,
the
protected
person’s
attorney
and
court
advisor,
if
any,
and
others
as
directed
by
the
court.
The
notice
must
state
that
any
person
entitled
to
a
copy
of
the
plan
must
file
any
objections
to
the
plan
not
later
than
fifteen
days
after
it
is
filed.
c.
At
least
twenty
days
after
the
plan
has
been
filed,
the
court
shall
review
and
determine
whether
the
plan
should
be
approved
or
revised,
after
considering
objections
filed
and
whether
the
plan
is
consistent
with
the
conservator’s
powers
and
duties.
d.
After
approval
by
the
court,
the
conservator
shall
provide
a
copy
of
the
approved
plan
and
order
approving
the
House
File
610,
p.
29
plan
to
the
protected
person,
the
protected
person’s
attorney
and
court
advisor,
if
any,
and
others
as
directed
by
the
court.
e.
The
conservator
shall
file
an
amended
plan
when
there
has
been
a
significant
change
in
circumstances
or
the
conservator
seeks
to
deviate
significantly
from
the
plan.
Before
the
amended
plan
is
implemented,
the
provisions
for
court
approval
of
the
plan
shall
be
followed
as
provided
in
paragraphs
“b”
,
“c”
,
and
“d”
.
2.
A
conservator
shall
file
an
inventory
of
the
protected
person’s
assets
within
ninety
days
after
appointment
which
includes
an
oath
or
affirmation
that
the
inventory
is
believed
to
be
complete
and
accurate
as
far
as
information
permits.
Copies
of
the
inventory
shall
be
provided
to
the
protected
person,
the
protected
person’s
attorney
and
court
advisor,
if
any,
and
others
as
directed
by
the
court.
When
the
conservator
receives
additional
property
of
the
protected
person,
or
becomes
aware
of
its
existence,
a
description
of
the
property
shall
be
included
in
the
conservator’s
next
annual
report.
3.
A
conservator
shall
file
a
written
and
verified
report
for
the
period
since
the
end
of
the
preceding
report
period.
The
court
shall
not
waive
these
reports.
a.
These
reports
shall
include
all
of
the
following:
(1)
Balance
of
funds
on
hand
at
the
beginning
and
end
of
the
period.
(2)
Disbursements
made.
(3)
Changes
in
the
conservator’s
plan.
(4)
List
of
assets
as
of
the
end
of
the
period.
(5)
Bond
amount
and
surety’s
name.
(6)
Residence
and
physical
location
of
the
protected
person.
(7)
General
physical
and
mental
condition
of
the
protected
person.
(8)
Other
information
reflecting
the
condition
of
the
conservatorship
estate.
b.
These
reports
shall
be
filed:
(1)
On
an
annual
basis
within
sixty
days
of
the
end
of
the
reporting
period
unless
the
court
orders
an
extension
for
good
cause
shown
in
accordance
with
the
rules
of
probate
procedure.
(2)
Within
thirty
days
following
removal
of
the
House
File
610,
p.
30
conservator.
(3)
Upon
the
conservator’s
filing
of
a
resignation
and
before
the
resignation
is
accepted
by
the
court.
(4)
Within
sixty
days
following
the
termination
of
the
conservatorship.
(5)
At
other
times
as
ordered
by
the
court.
c.
Reports
required
by
this
section
shall
be
served
on
the
protected
person’s
attorney
and
court
advisor,
if
any,
and
the
veterans
administration
if
the
protected
person
is
receiving
veterans
benefits.
Sec.
37.
Section
633.675,
Code
2019,
is
amended
to
read
as
follows:
633.675
Cause
for
termination.
1.
A
guardianship
shall
cease,
and
a
conservatorship
shall
terminate
,
upon
the
occurrence
of
any
of
the
following
circumstances:
a.
If
the
ward
protected
person
is
a
minor,
when
the
ward
protected
person
reaches
full
age.
b.
The
death
of
the
ward
protected
person
.
c.
A
determination
by
the
court
that
the
ward
is
no
longer
a
person
whose
decision-making
capacity
is
so
impaired
as
to
bring
the
ward
within
the
categories
of
section
633.552,
subsection
2
,
paragraph
“a”
,
or
section
633.566,
subsection
2
,
paragraph
“a”
.
In
a
proceeding
to
terminate
a
guardianship
or
a
conservatorship,
the
ward
shall
make
a
prima
facie
showing
that
the
ward
has
some
decision-making
capacity.
Once
the
ward
has
made
that
showing,
the
guardian
or
conservator
has
the
burden
to
prove
by
clear
and
convincing
evidence
that
the
ward’s
decision-making
capacity
is
so
impaired,
as
provided
in
section
633.552,
subsection
2
,
paragraph
“a”
,
or
section
633.566,
subsection
2
,
paragraph
“a”
,
that
the
guardianship
or
conservatorship
should
not
be
terminated.
d.
c.
Upon
determination
by
the
court
that
the
conservatorship
or
guardianship
is
no
longer
necessary
for
any
other
reason.
2.
Notwithstanding
subsection
1
,
paragraphs
“a”
through
“d”
,
if
the
court
appointed
a
guardian
for
a
minor
child
for
whom
the
court’s
jurisdiction
over
the
child’s
guardianship
was
established
pursuant
to
transfer
of
the
child’s
case
in
House
File
610,
p.
31
accordance
with
section
232.101A
or
232.104
,
the
court
shall
not
enter
an
order
terminating
the
guardianship
before
the
child
becomes
age
eighteen
unless
the
court
finds
by
clear
and
convincing
evidence
that
the
best
interests
of
the
child
warrant
a
return
of
custody
to
the
child’s
parent.
The
court
shall
terminate
a
guardianship
if
it
finds
by
clear
and
convincing
evidence
that
the
basis
for
appointing
a
guardian
pursuant
to
section
633.552
is
not
satisfied.
3.
The
court
shall
terminate
a
conservatorship
if
the
court
finds
by
clear
and
convincing
evidence
that
the
basis
for
appointing
a
conservator
pursuant
to
section
633.553
or
633.554
is
not
satisfied.
4.
The
standard
of
proof
and
the
burden
of
proof
to
be
applied
in
a
termination
proceeding
shall
be
the
same
as
set
forth
in
section
633.551,
subsection
2.
Sec.
38.
Section
633.717,
subsection
8,
Code
2019,
is
amended
to
read
as
follows:
8.
The
denial
by
a
court
of
this
state
of
a
petition
to
accept
a
guardianship
or
conservatorship
transferred
from
another
state
does
not
affect
the
ability
of
the
guardian
or
conservator
to
seek
appointment
as
guardian
or
conservator
in
this
state
under
section
633.551
,
633.552
,
or
633.566
633.556
,
if
the
court
has
jurisdiction
to
make
an
appointment
other
than
by
reason
of
the
provisional
order
of
transfer.
Sec.
39.
Section
633B.102,
subsections
2
and
6,
Code
2019,
are
amended
to
read
as
follows:
2.
“Conservator”
or
“conservatorship”
means
a
conservator
appointed
or
conservatorship
established
pursuant
to
sections
633.570
and
633.572
section
633.553,
633.554,
or
633.567
or
a
similar
provision
of
the
laws
of
another
state.
6.
“Guardian”
or
“guardianship”
means
a
guardian
appointed
or
a
guardianship
established
pursuant
to
sections
633.556
633.552
and
633.560
633.568
or
a
similar
provision
of
the
laws
of
another
state.
Sec.
40.
Section
633B.108,
subsection
1,
Code
2019,
is
amended
to
read
as
follows:
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
House
File
610,
p.
32
proceedings
for
the
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
in
accordance
with
the
principal’s
most
recent
nomination.
This
section
does
not
prohibit
an
individual
from
executing
a
petition
for
the
voluntary
appointment
of
a
guardian
or
conservator
on
a
standby
basis
pursuant
to
sections
633.560
633.568
and
633.591
.
Sec.
41.
REPEAL.
Sections
633.552,
633.554,
633.555,
633.556,
633.557,
633.558,
633.559,
633.562,
633.566,
633.568,
633.569,
633.570,
633.572,
633.573,
633.575,
633.576,
633.646,
633.647,
633.649,
633.650,
and
633.652,
Code
2019,
are
repealed.
Sec.
42.
CODE
EDITOR’S
DIRECTIVE.
The
Code
editor
is
directed
to
make
the
following
transfers:
1.
Section
633.560
to
633.568.
2.
Section
633.571
to
633.566.
3.
Section
633.574
to
633.555.
Sec.
43.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
2020.
Sec.
44.
APPLICABILITY.
This
Act
applies
to
guardianships
and
guardianship
proceedings
for
adults
and
conservatorships
and
conservatorship
proceedings
for
adults
and
minors
established
or
pending
before,
on,
or
after
January
1,
2020.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
andis
known
as
House
File
610,
Eighty-eighth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor