Bill Text: IA SF2321 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act relating to the opening, administration, and termination of adult and minor guardianships and conservatorships, and including effective date and retroactive applicability provisions. (Formerly SSB 3149.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-06-04 - Message from House, with amendment S-5107. S.J. 677. [SF2321 Detail]
Download: Iowa-2019-SF2321-Amended.html
Senate
File
2321
-
Reprinted
SENATE
FILE
2321
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3149)
(As
Amended
and
Passed
by
the
Senate
March
11,
2020
)
A
BILL
FOR
An
Act
relating
to
the
opening,
administration,
and
termination
1
of
adult
and
minor
guardianships
and
conservatorships,
and
2
including
effective
date
and
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2321
DIVISION
I
1
ADULT
AND
MINOR
GUARDIANSHIPS
AND
CONSERVATORSHIPS
2
Section
1.
Section
232D.103,
Code
2020,
is
amended
to
read
3
as
follows:
4
232D.103
Jurisdiction.
5
The
juvenile
court
has
exclusive
jurisdiction
in
a
6
guardianship
proceeding
concerning
a
minor
who
is
alleged
to
be
7
in
need
of
a
guardianship
,
and
guardianships
of
minors
.
8
Sec.
2.
Section
232D.105,
subsection
1,
Code
2020,
is
9
amended
to
read
as
follows:
10
1.
A
petition
alleging
that
a
minor
is
in
need
of
a
11
conservatorship
is
not
subject
to
this
chapter
.
Such
12
proceedings
shall
be
governed
by
chapter
633
and
may
be
13
initiated
pursuant
to
section
633.627
633.557
.
14
Sec.
3.
Section
232D.301,
subsection
2,
paragraph
d,
15
subparagraph
(3),
Code
2020,
is
amended
to
read
as
follows:
16
(3)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
17
with
whom
the
minor
has
lived
for
at
least
six
months
prior
to
18
immediately
preceding
the
filing
of
the
petition.
19
Sec.
4.
Section
232D.302,
subsection
2,
Code
2020,
is
20
amended
to
read
as
follows:
21
2.
Notice
shall
be
served
upon
the
minor’s
known
parents
22
listed
in
the
petition
in
accordance
with
the
rules
of
civil
23
procedure.
If
a
parent
has
not
filed
an
affidavit
consenting
24
to
the
appointment
of
a
guardian,
the
notice
shall
inform
25
the
minor’s
known
parents
listed
in
the
petition
that
the
26
parents
are
entitled
to
representation
if
the
parents
meet
the
27
conditions
of
section
232D.304.
28
Sec.
5.
Section
232D.305,
subsection
1,
Code
2020,
is
29
amended
to
read
as
follows:
30
1.
The
court
may
appoint
any
qualified
person
as
a
court
31
visitor
for
the
minor
who
has
demonstrated
sufficient
knowledge
32
to
appropriately
perform
the
duties
that
the
court
directs
.
33
Sec.
6.
Section
232D.305,
Code
2020,
is
amended
by
adding
34
the
following
new
subsection:
35
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S.F.
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NEW
SUBSECTION
.
6.
A
court
visitor
shall
be
discharged
1
from
all
further
duties
upon
the
appointment
of
a
guardian
or
2
conservator,
unless
further
ordered
by
the
court.
The
court
3
may
order
a
court
visitor
to
continue
to
serve
if
the
court
4
determines
continued
service
would
be
in
the
best
interest
of
5
the
protected
person.
If
the
court
continues
the
service
of
6
the
court
visitor,
the
court
may
limit
the
direct
duties
of
the
7
court
visitor
as
the
court
deems
necessary.
The
court
visitor
8
shall
thereafter
continue
to
serve
until
discharged
by
the
9
court.
10
Sec.
7.
Section
232D.306,
Code
2020,
is
amended
by
adding
11
the
following
new
subsection:
12
NEW
SUBSECTION
.
4.
A
hearing
on
the
petition
may
be
13
recorded
if
a
court
reporter
is
not
used.
14
Sec.
8.
Section
232.309,
Code
2020,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
8.
The
court
may
order
an
extension
of
17
the
temporary
guardianship
for
thirty
days
for
good
cause
18
shown,
including
a
showing
that
a
hearing
on
a
petition
for
a
19
guardianship
under
section
232D.301
cannot
be
scheduled
within
20
thirty
days
after
the
order
for
a
temporary
guardianship
is
21
ordered.
Prior
to
or
contemporaneously
with
the
filing
for
an
22
application
for
the
extension
of
time,
the
guardian
shall
file
23
a
report
with
the
court
setting
forth
all
of
the
following:
24
a.
All
actions
conducted
by
the
guardian
on
behalf
of
the
25
protected
person
from
the
time
of
the
initial
appointment
of
26
the
guardian
up
to
the
time
of
the
report.
27
b.
All
actions
that
the
guardian
plans
to
conduct
on
behalf
28
of
the
protected
person
during
the
thirty
day
extension
period.
29
Sec.
9.
Section
232D.401,
subsection
1,
Code
2020,
is
30
amended
to
read
as
follows:
31
1.
The
order
by
the
court
appointing
a
guardian
for
a
minor
32
shall
state
the
basis
for
the
order
and
the
date
on
which
the
33
first
reporting
period
for
the
guardianship
shall
end
.
34
Sec.
10.
Section
232D.401,
subsection
3,
unnumbered
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S.F.
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paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
1
An
order
by
the
court
appointing
a
guardian
for
a
minor
shall
2
state
the
powers
granted
to
the
guardian.
Except
as
otherwise
3
limited
by
court
order,
the
court
may
grant
the
guardian
the
4
following
powers
,
which
may
be
exercised
without
prior
court
5
approval
:
6
Sec.
11.
Section
232D.501,
subsection
1,
paragraph
a,
Code
7
2020,
is
amended
by
adding
the
following
new
subparagraph:
8
NEW
SUBPARAGRAPH
.
(2A)
The
guardian’s
plan,
if
any,
for
9
applying
for
and
receiving
funds
and
benefits
payable
for
the
10
support
of
the
minor.
11
Sec.
12.
Section
232D.501,
subsection
1,
paragraph
b,
Code
12
2020,
is
amended
by
adding
the
following
new
subparagraph:
13
NEW
SUBPARAGRAPH
.
(11)
The
results
of
the
guardian’s
14
efforts
to
apply
for
funds
or
benefits
on
behalf
of
the
15
protected
person.
16
Sec.
13.
Section
232D.501,
Code
2020,
is
amended
by
adding
17
the
following
new
subsection:
18
NEW
SUBSECTION
.
5.
The
failure
of
a
guardian
to
timely
19
make
a
report
required
under
subsection
1
shall
be
reported
by
20
the
clerk
of
the
court
to
the
court
for
an
order
to
enforce
21
compliance
with
the
filing
requirements.
22
Sec.
14.
NEW
SECTION
.
232D.506
Confidentiality.
23
1.
Official
juvenile
court
records
in
guardianship
24
proceedings
shall
be
confidential
and
are
not
public
records.
25
2.
Confidential
records
may
be
inspected
and
their
contents
26
shall
be
disclosed
to
the
following
without
a
court
order,
27
provided
that
a
person
or
entity
who
inspects
or
receives
a
28
confidential
record
under
this
subsection
shall
not
disclose
29
the
confidential
record
or
its
contents
unless
required
by
law:
30
a.
The
judge
and
professional
court
staff.
31
b.
The
protected
person
and
the
protected
person’s
attorney.
32
c.
The
protected
person’s
parent,
guardian,
custodian,
court
33
visitor,
and
any
attorney
representing
such
person.
34
3.
Confidential
records
may
be
inspected
and
their
contents
35
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S.F.
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shall
be
disclosed
to
the
following
with
a
court
order,
1
provided
that
a
person
or
entity
who
inspects
or
receives
a
2
confidential
record
under
this
subsection
shall
not
disclose
3
the
confidential
record
or
its
contents
unless
required
by
law:
4
a.
A
person
or
entity
conducting
bona
fide
research
on
minor
5
guardianships.
6
b.
A
person
or
entity
for
good
cause
shown.
7
Sec.
15.
Section
633.556,
subsections
4,
5,
and
8,
Code
8
2020,
are
amended
to
read
as
follows:
9
4.
The
petition
shall
list
the
name
and
address
of
the
10
petitioner
and
the
petitioner’s
relationship
to
the
respondent.
11
following:
12
a.
The
name
and
address
of
the
respondent.
13
b.
The
petitioner
and
the
petitioner’s
relationship
to
the
14
respondent.
15
c.
The
name
and
address
of
the
proposed
guardian
or
16
conservator
and
the
reason
the
proposed
guardian
or
conservator
17
should
be
selected.
18
5.
The
petition
shall
list
the
name
and
address,
to
the
19
extent
known,
of
the
following:
20
a.
The
name
and
address
of
the
proposed
guardian
and
the
21
reason
the
proposed
guardian
should
be
selected.
22
b.
a.
Any
spouse
of
the
respondent.
23
c.
b.
Any
adult
children
of
the
respondent.
24
d.
c.
Any
parents
of
the
respondent.
25
e.
d.
Any
adult,
who
has
had
the
primary
care
of
the
26
respondent
or
with
whom
the
respondent
has
lived
for
at
least
27
six
months
prior
to
immediately
preceding
the
filing
of
the
28
petition,
or
any
institution
or
facility
where
the
respondent
29
has
resided
for
at
least
six
months
prior
to
the
filing
of
the
30
petition.
31
f.
e.
Any
legal
representative
or
representative
payee
of
32
the
respondent.
33
g.
f.
Any
person
designated
as
an
attorney
in
fact
in
a
34
durable
power
of
attorney
for
health
care
which
is
valid
under
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S.F.
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chapter
144B
,
or
any
person
designated
as
an
agent
in
a
durable
1
power
of
attorney
which
is
valid
under
chapter
633B
.
2
8.
The
petition
shall
provide
a
brief
description
of
3
the
respondent’s
alleged
functional
limitations
that
make
4
the
respondent
unable
to
communicate
or
carry
out
important
5
decisions
concerning
the
respondent’s
financial
affairs.
6
Sec.
16.
Section
633.558,
subsection
3,
Code
2020,
is
7
amended
to
read
as
follows:
8
3.
Notice
of
the
filing
of
a
petition
given
to
persons
under
9
subsections
subsection
2
and
3
shall
include
a
statement
that
10
such
persons
may
register
to
receive
notice
of
the
hearing
11
on
the
petition
and
other
proceedings
and
the
manner
of
such
12
registration.
13
Sec.
17.
Section
633.560,
subsection
3,
Code
2020,
is
14
amended
to
read
as
follows:
15
3.
The
court
shall
require
the
proposed
guardian
or
16
conservator
to
attend
the
hearing
on
the
petition
but
the
court
17
may
excuse
the
proposed
guardian’s
or
conservator’s
attendance
18
for
good
cause
shown.
19
Sec.
18.
Section
633.561,
subsection
4,
paragraphs
c
and
f,
20
Code
2020,
are
amended
to
read
as
follows:
21
c.
Ensure
that
the
respondent
has
been
properly
advised
of
22
the
respondent’s
rights
in
a
guardianship
or
conservatorship
23
proceeding.
24
f.
Ensure
that
the
guardianship
or
conservatorship
25
procedures
conform
to
the
statutory
and
due
process
26
requirements
of
Iowa
law.
27
Sec.
19.
Section
633.561,
subsection
5,
paragraphs
a
and
b,
28
Code
2020,
are
amended
to
read
as
follows:
29
a.
Inform
the
respondent
of
the
effects
of
the
order
entered
30
for
appointment
of
guardian
or
conservator
.
31
b.
Advise
the
respondent
of
the
respondent’s
rights
to
32
petition
for
modification
or
termination
of
the
guardianship
33
or
conservatorship
.
34
Sec.
20.
Section
633.561,
subsection
6,
Code
2020,
is
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amended
to
read
as
follows:
1
6.
If
the
court
determines
that
it
would
be
in
the
2
respondent’s
best
interest
to
have
legal
representation
3
with
respect
to
any
further
proceedings
in
a
guardianship
4
or
conservatorship,
the
court
may
appoint
an
attorney
to
5
represent
the
respondent
at
the
expense
of
the
respondent
or
6
the
respondent’s
estate,
or
if
the
respondent
is
indigent
the
7
cost
of
the
court
appointed
attorney
shall
be
assessed
against
8
the
county
in
which
the
proceedings
are
pending.
9
Sec.
21.
Section
633.562,
subsection
1,
Code
2020,
is
10
amended
to
read
as
follows:
11
1.
If
the
court
determines
that
the
appointment
of
a
court
12
visitor
would
be
in
the
best
interest
of
the
respondent,
the
13
court
shall
appoint
a
court
visitor
at
the
expense
of
the
14
respondent
or
the
respondent’s
estate,
or,
if
the
respondent
15
is
indigent,
the
cost
of
the
court
visitor
shall
be
assessed
16
against
the
county
in
which
the
proceedings
are
pending.
The
17
court
may
appoint
any
qualified
person
as
a
court
visitor
,
18
who
has
demonstrated
sufficient
knowledge
to
appropriately
19
perform
the
duties
that
the
court
directs,
in
a
guardianship
20
or
conservatorship
proceeding.
21
Sec.
22.
Section
633.562,
subsection
5,
paragraphs
a
and
b,
22
Code
2020,
are
amended
to
read
as
follows:
23
a.
A
recommendation
regarding
the
appropriateness
of
a
24
limited
guardianship
or
conservatorship
for
the
respondent,
25
including
whether
less
restrictive
alternatives
are
available.
26
b.
A
statement
of
the
qualifications
of
the
guardian
or
27
conservator
together
with
a
statement
of
whether
the
respondent
28
has
expressed
agreement
with
the
appointment
of
the
proposed
29
guardian
or
conservator.
30
Sec.
23.
Section
633.562,
Code
2020,
is
amended
by
adding
31
the
following
new
subsection:
32
NEW
SUBSECTION
.
7.
A
court
visitor
shall
be
discharged
33
from
all
further
duties
upon
appointment
of
a
guardian
or
34
conservator,
unless
further
ordered
by
the
court.
The
court
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34
S.F.
2321
may
order
a
court
visitor
to
continue
to
serve
if
the
court
1
determines
continued
service
would
be
in
the
best
interest
of
2
the
protected
person.
If
the
court
continues
the
service
of
3
the
court
visitor,
the
court
may
limit
the
direct
duties
of
the
4
court
visitor
as
the
court
deems
necessary.
The
court
visitor
5
shall
thereafter
continue
to
serve
until
discharged
by
the
6
court.
7
Sec.
24.
Section
633.563,
subsection
7,
unnumbered
8
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
9
The
results
of
the
evaluation
ordered
by
the
court
shall
be
10
made
available
to
filed
with
the
court
and
made
available
to
11
the
following:
12
Sec.
25.
Section
633.564,
subsection
1,
Code
2020,
is
13
amended
to
read
as
follows:
14
1.
The
court
shall
request
criminal
record
checks
and
15
checks
of
the
child
abuse,
dependent
adult
abuse,
and
sexual
16
offender
registries
in
this
state
for
all
proposed
guardians
17
and
conservators,
other
than
financial
institutions
with
Iowa
18
trust
powers
,
unless
a
proposed
guardian
or
conservator
has
19
undergone
the
required
background
checks
under
this
section
20
within
the
twelve
months
prior
to
the
filing
of
a
petition
.
21
Sec.
26.
Section
633.569,
subsections
1,
2,
and
3,
Code
22
2020,
are
amended
to
read
as
follows:
23
1.
A
person
authorized
to
file
a
petition
under
section
24
633.552
,
633.553
,
or
633.554
633.556
or
633.557
may
file
an
25
application
for
the
emergency
appointment
of
a
temporary
26
guardian
or
conservator.
27
2.
Such
application
shall
state
all
of
the
following:
28
a.
The
name
and
address
of
the
respondent.
29
b.
The
name
and
address
of
the
petitioner.
30
b.
c.
The
name
and
address
of
the
proposed
guardian
or
31
conservator
and
the
reason
the
proposed
guardian
or
conservator
32
should
be
selected.
33
d.
The
names
and
addresses,
to
the
extent
known,
of
any
34
other
person
who
must
be
named
in
the
petition
for
appointment
35
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2321
of
a
guardian
or
conservator
under
section
633.556
or
633.557.
1
c.
e.
The
reason
the
emergency
appointment
of
a
temporary
2
guardian
or
conservator
is
sought.
3
3.
The
court
may
enter
an
ex
parte
order
appointing
a
4
temporary
guardian
or
conservator
on
an
emergency
basis
under
5
this
section
if
the
court
finds
that
all
of
the
following
6
conditions
are
met:
7
a.
There
is
not
sufficient
time
to
file
a
petition
and
hold
8
a
hearing
pursuant
to
section
633.552
,
633.553
,
or
633.554
9
633.556
or
633.557
.
10
b.
The
appointment
of
a
temporary
guardian
or
conservator
11
is
necessary
to
avoid
immediate
or
irreparable
harm
to
the
12
respondent.
13
c.
There
is
reason
to
believe
that
the
basis
for
appointment
14
of
guardian
or
conservator
exists
under
section
633.552
,
15
633.553
,
or
633.554
633.556
or
633.557
.
16
Sec.
27.
Section
633.569,
Code
2020,
is
amended
by
adding
17
the
following
new
subsections:
18
NEW
SUBSECTION
.
8.
The
court
may
order
an
extension
of
19
the
temporary
guardianship
or
conservatorship
for
thirty
days
20
for
good
cause
shown,
including
a
showing
that
a
hearing
on
a
21
petition
for
a
guardianship
or
conservatorship
under
section
22
633.556
or
633.557
cannot
be
scheduled
within
thirty
days
after
23
the
order
for
a
temporary
guardianship
or
conservatorship
is
24
ordered.
Prior
to
or
contemporaneously
with
the
filing
for
25
an
application
for
the
extension
of
time,
the
guardian
or
26
conservator
shall
file
a
report
with
the
court
setting
forth
27
all
of
the
following:
28
a.
All
actions
conducted
by
the
guardian
or
conservator
on
29
behalf
of
the
protected
person
from
the
time
of
the
initial
30
appointment
of
the
guardian
up
to
the
time
of
the
report.
31
b.
All
actions
that
the
guardian
or
conservator
plans
to
32
conduct
on
behalf
of
the
protected
person
during
the
thirty-day
33
extension
period.
34
NEW
SUBSECTION
.
9.
The
temporary
guardian
or
conservator
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shall
submit
any
report
the
court
requires.
1
Sec.
28.
Section
633.570,
subsections
1
and
2,
Code
2020,
2
are
amended
to
read
as
follows:
3
1.
In
a
proceeding
for
the
appointment
of
a
guardian,
4
the
respondent
shall
be
given
written
notice
which
advises
5
the
respondent
of
the
powers
that
that
the
court
may
grant
6
a
guardian
may
exercise
without
court
approval
pursuant
to
7
the
powers
set
out
in
section
633.635,
subsection
2
,
and
the
8
powers
that
the
guardian
may
exercise
only
with
court
approval
9
pursuant
to
set
out
in
section
633.635,
subsection
3
.
10
2.
In
a
proceeding
for
the
appointment
of
a
conservator,
11
the
respondent
shall
be
given
written
notice
which
advises
the
12
respondent
of
the
powers
that
the
court
may
grant
a
conservator
13
may
exercise
without
court
approval
pursuant
to
the
powers
set
14
out
in
section
633.646
and
the
powers
that
the
guardian
may
15
exercise
only
with
court
approval
pursuant
to
section
633.647
16
633.642
.
17
Sec.
29.
Section
633.635,
subsection
1,
Code
2020,
is
18
amended
to
read
as
follows:
19
1.
The
order
by
the
court
appointing
a
guardian
shall
state
20
the
basis
for
the
guardianship
pursuant
to
section
633.552
21
and
the
date
on
which
the
first
reporting
period
for
the
22
guardianship
shall
end
.
23
Sec.
30.
Section
633.635,
subsection
2,
unnumbered
24
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
25
Based
upon
the
evidence
produced
at
the
hearing,
the
court
26
may
grant
a
guardian
the
following
powers
and
duties
with
27
respect
to
a
protected
person
which
may
be
exercised
without
28
prior
court
approval
:
29
Sec.
31.
Section
633.635,
subsection
3,
unnumbered
30
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
31
A
Notwithstanding
subsection
2,
a
guardian
may
be
granted
32
the
following
powers
which
may
only
be
exercised
upon
court
33
approval:
34
Sec.
32.
Section
633.641,
subsection
3,
Code
2020,
is
35
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2321
amended
to
read
as
follows:
1
3.
If
a
protected
person
has
executed
a
valid
power
of
2
attorney
under
chapter
633B
,
the
conservator
shall
act
in
3
accordance
with
the
applicable
provisions
of
chapter
633B
If
4
the
court
appoints
a
conservator
for
a
protected
person
5
who
has
previously
executed
a
valid
power
of
attorney
under
6
chapter
633B,
the
power
of
attorney
is
suspended
unless
the
7
power
of
attorney
provides
otherwise
or
the
court
appointing
8
the
conservator
orders
that
the
power
of
attorney
should
9
continue.
If
the
power
of
attorney
continues,
the
agent
is
10
accountable
to
the
conservator
as
well
as
to
the
principal.
11
The
power
of
attorney
shall
be
reinstated
upon
termination
of
12
the
conservatorship
as
a
result
of
the
principal
regaining
13
capacity
.
14
Sec.
33.
Section
633.642,
unnumbered
paragraph
1,
Code
15
2020,
is
amended
to
read
as
follows:
16
Except
as
otherwise
ordered
by
the
court
,
and
except
17
for
those
powers
relating
to
all
fiduciaries
as
set
out
in
18
sections
633.63
through
633.162
which
may
be
exercised
without
19
approval
of
the
court
unless
expressly
modified
by
the
court
,
20
a
conservator
must
give
notice
to
persons
entitled
to
notice
21
and
receive
specific
prior
authorization
by
the
court
before
22
the
conservator
may
take
any
other
action
on
behalf
of
the
23
protected
person.
These
other
powers
Powers
requiring
court
24
approval
include
but
are
not
limited
to
the
authority
of
the
25
conservator
to:
26
Sec.
34.
Section
633.669,
Code
2020,
is
amended
to
read
as
27
follows:
28
633.669
Reporting
requirements
——
assistance
by
clerk
Reports
29
by
guardians
.
30
1.
A
guardian
appointed
by
the
court
under
this
chapter
31
shall
file
with
the
court
the
following
written
verified
32
reports
which
shall
not
be
waived
by
the
court:
33
a.
An
initial
care
plan
filed
within
sixty
days
of
34
appointment.
The
information
in
the
initial
care
plan
shall
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2321
include
but
not
be
limited
to
the
following
information:
1
(1)
The
current
residence
of
the
protected
person
and
the
2
guardian’s
plan
for
the
protected
person’s
living
arrangements.
3
(2)
The
current
sources
of
payment
for
the
protected
4
person’s
living
expenses
and
other
expenses,
and
the
guardian’s
5
plan
for
payment
of
the
protected
person’s
living
expenses
and
6
other
expenses.
7
(3)
The
protected
person’s
health
status
and
health
care
8
needs,
and
the
guardian’s
plan
for
meeting
the
protected
9
person’s
needs
for
medical,
dental,
and
other
health
care
10
needs.
11
(3A)
Whether
the
protected
person
has
a
living
will
or
12
health
care
power
of
attorney.
13
(4)
If
applicable,
the
protected
person’s
need
for
other
14
professional
services
for
mental,
behavioral,
or
emotional
15
health,
and
the
guardian’s
plan
for
other
professional
services
16
needed
by
the
protected
person.
17
(5)
If
applicable,
the
protected
person’s
employment
18
status,
the
protected
person’s
need
for
educational,
training,
19
or
vocational
services,
and
the
guardian’s
plan
for
meeting
the
20
educational,
training,
and
vocational
needs
of
the
protected
21
person.
22
(6)
If
applicable,
the
guardian’s
plan
for
facilitating
the
23
participation
of
the
protected
person
in
social
activities.
24
(7)
The
guardian’s
plan
for
facilitating
contacts
between
25
the
protected
person
and
the
protected
person’s
family
members
26
and
other
significant
persons
significant
in
the
life
of
the
27
protected
person
.
28
(8)
The
guardian’s
plan
for
contact
with,
and
activities
on
29
behalf
of,
the
protected
person.
30
(9)
The
powers
that
the
guardian
requests
to
carry
out
the
31
initial
care
plan.
32
(10)
The
guardian
shall
file
an
amended
plan
when
there
33
has
been
a
significant
change
in
the
circumstances
or
the
34
guardian
seeks
to
deviate
significantly
from
the
plan.
The
35
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2321
guardian
must
obtain
court
approval
of
the
amended
plan
before
1
implementing
any
of
its
provisions.
2
b.
An
annual
report,
filed
within
sixty
days
of
the
close
3
of
the
reporting
period
,
unless
the
court
otherwise
orders
on
4
good
cause
shown
.
The
information
in
the
annual
report
shall
5
include
but
not
be
limited
to
the
following
information:
6
(1)
The
current
living
arrangements
of
the
protected
7
person.
8
(2)
The
sources
of
payment
for
the
protected
person’s
living
9
expenses
and
other
expenses.
10
(3)
A
description,
if
applicable,
of
the
following:
11
(a)
The
protected
person’s
physical
and
mental
health
12
status
and
the
medical,
dental,
and
other
professional
health
13
services
provided
to
the
protected
person.
14
(b)
If
applicable,
the
protected
person’s
employment
status
15
and
the
educational,
training,
and
vocational
services
provided
16
to
the
protected
person.
17
(0c)
The
guardian’s
facilitation
of
the
participation
of
18
the
protected
person
in
social
activities.
19
(c)
The
contact
of
the
protected
person
with
family
members
20
and
other
significant
persons.
21
(d)
The
nature
and
extent
of
the
guardian’s
visits
with,
and
22
activities
on
behalf
of,
the
protected
person.
23
(04)
The
guardian’s
changes
to
the
care
plan
for
the
24
protected
person
for
the
next
annual
reporting
period.
25
(004)
The
powers
that
the
guardian
requests
to
carry
out
26
the
care
plan
for
the
protected
person
for
the
next
annual
27
reporting
period.
28
(4)
The
guardian’s
recommendation
as
to
the
need
for
29
continuation
of
the
guardianship.
30
(5)
The
ability
of
the
guardian
to
continue
as
guardian.
31
(6)
The
need
of
the
guardian
for
assistance
in
providing
or
32
arranging
for
the
provision
of
the
care
and
protection
of
the
33
protected
person.
34
c.
A
final
report
within
thirty
days
of
the
termination
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of
the
guardianship
under
section
633.675
unless
that
time
is
1
extended
by
the
court.
2
2.
The
court
shall
develop
a
simplified
uniform
reporting
3
form
for
use
in
filing
the
required
reports.
4
3.
The
clerk
of
the
court
shall
notify
the
guardian
in
5
writing
of
the
reporting
requirements
and
shall
provide
6
information
and
assistance
to
the
guardian
in
filing
the
7
reports.
8
4.
Reports
of
guardians
shall
be
reviewed
and
approved
by
a
9
district
court
judge
or
referee.
10
5.
Reports
required
by
this
section
shall
be
served
on
the
11
protected
person,
the
protected
person’s
attorney,
if
any,
and
12
the
court
visitor,
if
any.
13
Sec.
35.
Section
633.670,
Code
2020,
is
amended
to
read
as
14
follows:
15
633.670
Reports
by
conservators.
16
1.
A
conservator
appointed
by
the
court
under
this
chapter
17
shall
file
an
with
the
court
a
written
verified
initial
18
financial
management
plan
for
protecting,
managing,
investing,
19
expending,
and
distributing
the
assets
of
the
conservatorship
20
estate
within
ninety
days
after
appointment
which
shall
not
be
21
waived
by
the
court
.
The
plan
must
be
based
on
the
needs
of
22
the
protected
person
and
take
into
account
the
best
interest
23
of
the
protected
person
as
well
as
the
protected
person’s
24
preference,
values,
and
prior
directions
to
the
extent
known
25
to,
or
reasonably
ascertainable
by,
the
conservator.
26
a.
The
initial
plan
shall
include
all
of
the
following:
The
27
initial
financial
management
plan
shall
state
the
protected
28
person’s
age,
residence,
living
arrangements,
and
sources
of
29
payment
for
living
expenses.
30
(1)
A
budget
containing
projected
expenses
and
resources,
31
including
an
estimate
of
the
total
amount
of
fees
the
32
conservator
anticipates
charging
per
year
and
a
statement
or
33
list
of
the
amount
the
conservator
proposes
to
charge
for
each
34
service
the
conservator
anticipates
providing
to
the
protected
35
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person.
1
(2)
A
statement
as
to
how
the
conservator
will
involve
2
the
protected
person
in
decisions
about
management
of
the
3
conservatorship
estate.
4
(3)
If
ordered
by
the
court,
any
step
the
conservator
plans
5
to
take
to
develop
or
restore
the
ability
of
the
protected
6
person
to
manage
the
conservatorship
estate.
7
(4)
An
estimate
of
the
duration
of
the
conservatorship.
8
b.
If
applicable,
the
protected
person’s
will
shall
be
9
attached
to
the
plan
or
filed
with
the
court
and
the
protected
10
person’s
prepaid
burial
trust
and
powers
of
attorney
shall
be
11
described.
12
c.
The
conservator
shall
include
a
proposed
budget
for
the
13
protected
person
and
budget-related
information
for
the
next
14
annual
reporting
period
including
all
of
the
following:
15
(1)
The
protected
person’s
receipts
and
income
and
16
the
projected
sources
of
income
including,
if
applicable,
17
wages,
social
security
income,
pension
and
retirement
plan
18
distribution,
veterans’
benefits,
rental
income,
interest
19
earnings,
and
dividends,
and
the
total
estimated
receipts
and
20
income.
21
(2)
The
protected
person’s
liabilities
and
debts
including,
22
if
applicable,
mortgage,
car
loans,
credit
card
debt,
federal,
23
state,
and
property
taxes
owed
and
the
total
estimated
24
liabilities
and
debts;
a
list
and
concise
explanation
of
25
any
liability
or
debt
owed
by
the
protected
person
to
the
26
conservator;
a
list
and
concise
explanation
of
the
liability
of
27
any
other
person
for
a
liability
of
the
protected
person.
28
(3)
The
protected
person’s
estimated
expenses
on
a
monthly
29
and
annual
basis
including,
if
applicable,
nursing
home
or
30
facility
charge,
real
property
expenses
for
residence,
food
and
31
household
expenses,
utilities,
household
help
and
caregiver
32
expenses,
health
services
and
health
insurance
expenses,
33
educational
and
vocational
expenses,
personal
auto
and
other
34
transportation
expenses,
clothing
expenses,
personal
allowance
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and
other
personal
expenses,
liabilities
and
debts,
attorney
1
fees
and
other
professional
expenses,
conservator
fees,
and
2
other
administrative
expenses.
3
d.
The
conservator
shall
include
a
list
of
the
protected
4
person’s
assets
and
the
conservator’s
plan
for
management
5
of
these
assets
including,
if
applicable,
financial
6
accounts
including
checking
and
certificates
of
deposit
and
7
cash,
investments
including
stocks,
bonds,
mutual
funds,
8
exchange-traded
funds,
individual
retirement
accounts
and
other
9
investment
accounts,
pension,
profit-sharing,
annuities,
and
10
retirement
fund,
personal
property
including
household
goods
11
and
vehicles,
receivables
including
mortgages
and
liens
payable
12
to
the
protected
person’s
estate
or
trust,
life
insurance,
and
13
other
property.
14
e.
The
conservator
shall
include
a
statement
as
to
how
the
15
conservator
will
involve
the
protected
person
in
decisions
16
about
management
of
the
conservatorship
estate.
17
f.
If
ordered
by
the
court,
the
conservator
shall
include
18
any
action
the
conservator
plans
to
take
to
develop
or
19
restore
the
ability
of
the
protected
person
to
manage
the
20
conservatorship
estate.
21
g.
The
conservator
shall
include
the
authority
that
the
22
conservator
requests
to
carry
out
the
initial
financial
plan
23
including
expenditures
in
accordance
with
the
proposed
budget
24
for
the
protected
person
and
the
plan
for
the
management
of
the
25
assets
of
the
protected
person
for
the
next
annual
reporting
26
period.
27
b.
h.
Within
two
days
after
filing
the
initial
plan,
the
28
The
conservator
shall
give
provide
notice
of
the
filing
of
29
the
initial
plan
with
a
copy
of
the
plan
to
the
protected
30
person,
the
protected
person’s
attorney
,
if
any,
and
court
31
advisor
visitor
,
if
any,
and
others
as
directed
by
the
court.
32
The
notice
must
state
that
any
person
entitled
to
a
copy
of
33
the
plan
must
file
any
objections
to
the
plan
not
later
than
34
fifteen
days
after
it
is
filed
twenty
days
from
the
date
of
35
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mailing
notice
of
filing
the
initial
plan
.
1
c.
i.
At
least
twenty
days
after
the
plan
has
been
filed,
2
the
court
shall
review
and
determine
whether
the
plan
should
3
be
approved
or
revised,
after
considering
objections
filed
and
4
whether
the
plan
is
consistent
with
the
conservator’s
powers
5
and
duties.
6
d.
j.
After
approval
by
the
court,
the
conservator
shall
7
provide
a
copy
of
the
approved
plan
and
order
approving
the
8
plan
to
the
protected
person,
the
protected
person’s
attorney
,
9
if
any,
and
court
advisor
visitor
,
if
any,
and
others
as
10
directed
by
the
court.
11
e.
k.
The
conservator
shall
file
an
amended
plan
when
12
there
has
been
a
significant
change
in
circumstances
or
the
13
conservator
seeks
to
deviate
significantly
from
the
plan.
14
Before
the
amended
plan
is
implemented,
the
provisions
for
15
court
approval
of
the
plan
shall
be
followed
as
provided
in
16
paragraphs
“b”
,
“c”
,
and
“d”
“h”
,
“i”
,
and
“j”
.
17
2.
A
conservator
shall
file
an
inventory
of
the
protected
18
person’s
assets
within
ninety
days
after
appointment
which
19
includes
an
oath
or
affirmation
that
the
inventory
is
believed
20
to
be
complete
and
accurate
as
far
as
information
permits.
21
Copies
After
approval
by
the
court,
the
conservator
shall
22
provide
a
copy
of
the
inventory
shall
be
provided
to
the
23
protected
person,
the
protected
person’s
attorney
,
if
any,
24
and
court
advisor
visitor
,
if
any,
and
others
as
directed
by
25
the
court.
When
the
conservator
receives
additional
property
26
of
the
protected
person,
or
becomes
aware
of
its
existence,
27
a
description
of
the
property
shall
be
included
in
the
28
conservator’s
next
annual
report.
29
3.
A
conservator
shall
file
a
written
and
verified
report
on
30
an
annual
basis
for
the
period
since
the
end
of
the
preceding
31
report
period
.
The
court
which
shall
not
waive
these
reports
32
be
waived
by
the
court
.
33
a.
These
reports
shall
include
all
of
the
following:
The
34
annual
report
shall
state
the
age,
the
residence
and
the
living
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arrangements
of
the
protected
person,
and
sources
of
payment
1
for
the
protected
person’s
living
expenses
during
the
reporting
2
period.
3
(1)
Balance
of
funds
on
hand
at
the
beginning
and
end
of
the
4
period.
5
(2)
Disbursements
made.
6
(3)
Changes
in
the
conservator’s
plan.
7
(4)
List
of
assets
as
of
the
end
of
the
period.
8
(5)
Bond
amount
and
surety’s
name.
9
(6)
Residence
and
physical
location
of
the
protected
10
person.
11
(7)
General
physical
and
mental
condition
of
the
protected
12
person.
13
(8)
Other
information
reflecting
the
condition
of
the
14
conservatorship
estate.
15
b.
These
reports
shall
be
filed:
The
conservator
shall
16
submit
with
the
annual
report
an
inventory
of
the
assets
of
the
17
protected
person
as
of
the
last
day
of
the
reporting
period
18
including
the
total
value
of
assets
at
the
beginning
and
end
19
of
the
reporting
period.
20
(1)
On
an
annual
basis
within
sixty
days
of
the
end
of
the
21
reporting
period
unless
the
court
orders
an
extension
for
good
22
cause
shown
in
accordance
with
the
rules
of
probate
procedure.
23
c.
The
annual
report
shall
include
an
itemization
of
all
24
income
or
funds
received
and
all
expenditures
made
by
the
25
conservator
on
behalf
of
the
protected
person.
If
any
of
26
the
expenditures
were
made
to
provide
support
for
or
pay
the
27
debts
of
another
person,
the
annual
report
shall
include
an
28
explanation
of
these
expenditures.
If
any
of
the
expenditures
29
were
made
to
pay
any
liability
or
debt
owed
by
the
protected
30
person
to
the
conservator,
the
annual
report
shall
include
an
31
explanation
of
these
expenditures.
If
any
of
the
expenditures
32
were
made
to
pay
any
liability
or
debt
that
is
also
owed
by
33
another
person
or
entity,
the
annual
report
shall
include
an
34
explanation
of
these
expenditures.
35
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2321
d.
The
annual
report
shall
include
the
following
budget
and
1
information
related
to
the
budget
for
the
protected
person:
2
(1)
A
description
of
changes,
if
any,
made
in
the
budget
3
approved
by
the
court
for
the
preceding
reporting
period.
4
(2)
A
proposed
budget
and
budget-related
information
for
5
the
next
reporting
period
containing
the
information
set
forth
6
in
subsection
1,
paragraph
“c”
.
7
(3)
A
request
for
approval
of
the
proposed
budget
and
8
authority
to
make
expenditures
in
accordance
with
the
proposed
9
budget.
10
e.
The
annual
report
shall
include
the
following
information
11
related
to
the
management
of
the
assets
of
the
protected
12
person:
13
(1)
A
description
of
changes,
if
any,
in
the
plan
for
14
management
of
the
assets
of
the
protected
person
approved
by
15
the
court
for
the
preceding
reporting
period.
16
(2)
A
proposed
plan
for
management
of
the
assets
of
the
17
protected
person
for
the
next
reporting
period.
18
(3)
A
request
for
approval
of
the
proposed
plan
for
19
management
of
the
assets
of
the
protected
person
and
the
20
authority
to
carry
out
the
plan.
21
f.
The
annual
report
shall
describe,
if
applicable,
how
the
22
protected
person
was
involved
and
will
be
involved
in
decisions
23
about
management
of
assets.
24
g.
The
annual
report
shall
describe,
if
ordered
by
the
25
court,
the
actions
that
have
been
taken
and
that
will
be
taken
26
by
the
conservator
to
develop
or
restore
the
ability
of
the
27
protected
person
to
manage
the
conservatorship’s
assets.
28
h.
The
conservator
may
request
court
approval
of
fees
29
provided
by
an
attorney
on
behalf
of
the
conservatorship
or
the
30
protected
person
during
the
preceding
reporting
period.
31
i.
The
conservator
may
request
court
approval
of
fees
32
provided
the
conservator
on
behalf
of
the
conservatorship
or
33
the
protected
person
during
the
preceding
reporting
period.
34
4.
The
conservator
shall
file
a
written
verified
final
35
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report
with
the
court
as
follows:
1
(2)
a.
Within
thirty
days
following
removal
of
the
2
conservator.
3
(3)
b.
Upon
the
conservator’s
filing
of
a
resignation
and
4
before
the
resignation
is
accepted
by
the
court.
5
(4)
c.
Within
sixty
days
following
the
termination
of
the
6
conservatorship.
7
(5)
d.
At
other
times
as
ordered
by
the
court.
8
c.
5.
Reports
required
by
this
section
shall
be
served
on
9
the
protected
person,
the
protected
person’s
attorney
and
court
10
advisor
,
if
any,
the
court
visitor,
if
any,
and
the
veterans
11
administration
if
the
protected
person
is
receiving
veterans
12
benefits.
13
Sec.
36.
Section
633.675,
subsections
2,
3,
and
4,
Code
14
2020,
are
amended
to
read
as
follows:
15
2.
The
court
shall
terminate
a
guardianship
if
it
the
16
court
finds
by
clear
and
convincing
evidence
that
the
basis
17
for
appointing
a
guardian
pursuant
to
section
633.552
is
not
18
satisfied.
19
3.
The
court
shall
terminate
a
conservatorship
if
the
court
20
finds
by
clear
and
convincing
evidence
that
the
basis
for
21
appointing
a
conservator
pursuant
to
section
633.553
or
633.554
22
is
not
satisfied.
23
4.
The
standard
of
proof
and
the
burden
of
proof
to
be
24
applied
in
a
termination
proceeding
to
terminate
a
guardianship
25
or
conservatorship
for
an
adult
shall
be
the
same
as
set
forth
26
in
section
633.551,
subsection
2
.
27
Sec.
37.
REPORTS
AND
POWERS
OF
GUARDIANS
AND
CONSERVATORS
——
28
TRANSITION
PROVISIONS.
29
1.
Minor
guardianships.
Notwithstanding
the
provisions
30
of
section
232D.501,
subsection
1,
paragraph
“a”,
designating
31
a
verified
initial
care
plan
be
filed
by
the
guardian
within
32
sixty
days
of
appointment,
for
all
minor
guardianship
cases
33
wherein
the
guardianship
was
established
and
the
guardian
was
34
appointed
prior
to
January
1,
2020,
the
initial
care
plan
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2321
required
by
section
232D.501,
subsection
1,
paragraph
“a”,
1
shall
be
filed
with
the
previously
scheduled
annual
report.
2
The
annual
report
must
comply
with
the
requirements
set
forth
3
in
section
232D.501,
subsection
1,
paragraph
“a”.
Guardians
4
appointed
prior
to
January
1,
2020,
have
continuing
authority
5
to
perform
acts
concerning
the
protected
person
that
were
6
authorized
prior
to
January
1,
2020,
through
the
date
of
the
7
guardian’s
previously
scheduled
annual
report.
8
2.
Adult
guardianships.
Notwithstanding
the
provisions
of
9
section
633.669,
subsection
1,
paragraph
“a”,
designating
an
10
initial
care
plan
be
filed
by
the
guardian
within
sixty
days
11
of
appointment,
for
all
adult
guardianship
cases
wherein
the
12
guardianship
was
established
and
the
guardian
was
appointed
13
prior
to
January
1,
2020,
the
initial
care
plan
required
by
14
section
633.669,
subsection
1,
paragraph
“a”,
shall
be
filed
15
with
the
previously
scheduled
annual
report.
The
annual
report
16
must
comply
with
the
requirements
set
forth
in
section
633.669,
17
subsection
1,
paragraph
“a”.
Guardians
appointed
prior
to
18
January
1,
2020,
have
continuing
authority
to
perform
acts
19
concerning
the
protected
person
that
were
authorized
prior
to
20
January
1,
2020,
through
the
date
of
the
guardian’s
previously
21
scheduled
annual
report.
22
3.
Conservatorships.
Notwithstanding
the
provisions
of
23
section
633.670,
subsection
1,
paragraph
“a”,
and
section
24
633.670,
subsection
2,
designating
an
initial
plan
and
25
inventory
be
filed
within
ninety
days
of
appointment,
for
26
all
conservatorship
cases
wherein
the
conservatorship
was
27
established
and
the
conservator
was
appointed
prior
to
28
January
1,
2020,
the
initial
plan
required
by
section
633.670,
29
subsection
1,
paragraph
“a”,
and
inventory
required
by
section
30
633.670,
subsection
2,
shall
be
filed
with
the
previously
31
scheduled
annual
report.
The
annual
report
must
comply
with
32
the
requirements
set
forth
in
section
633.670,
subsection
3,
33
paragraph
“a”.
Conservators
appointed
prior
to
January
1,
34
2020,
have
continuing
authority
to
perform
acts
concerning
the
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2321
protected
person
that
were
authorized
prior
to
January
1,
2020,
1
through
the
date
of
the
conservator’s
previously
scheduled
2
annual
report.
3
Sec.
38.
EFFECTIVE
DATE.
The
following,
being
deemed
of
4
immediate
importance,
takes
effect
upon
enactment:
5
The
section
of
this
division
of
this
Act
relating
to
6
transition
provisions
for
reports
and
powers
of
guardians
and
7
conservators.
8
Sec.
39.
RETROACTIVE
APPLICABILITY.
The
following
applies
9
retroactively
to
January
1,
2020:
10
The
section
of
this
division
of
this
Act
relating
to
11
transition
provisions
for
reports
and
powers
of
guardians
and
12
conservators.
13
DIVISION
II
14
CONFORMING
CHANGES
15
Sec.
40.
Section
633.3,
subsections
9,
17,
22,
and
23,
Code
16
2020,
are
amended
to
read
as
follows:
17
9.
Conservator
——
a
person
appointed
by
the
court
to
have
18
the
custody
and
control
of
the
property
of
a
ward
protected
19
person
under
the
provisions
of
this
probate
code.
20
17.
Estate
——
the
real
and
personal
property
of
either
a
21
decedent
or
a
ward
protected
person
,
and
may
also
refer
to
the
22
real
and
personal
property
of
a
trust
described
in
section
23
633.10
.
24
22.
Guardian
——
the
person
appointed
by
the
court
to
have
25
the
custody
of
the
person
of
the
ward
protected
person
under
26
the
provisions
of
this
probate
code.
27
23.
Guardian
of
the
property
——
at
the
election
of
the
28
person
appointed
by
the
court
to
have
the
custody
and
care
of
29
the
property
of
a
ward
protected
person
,
the
term
“guardian
of
30
the
property”
may
be
used,
which
term
shall
be
synonymous
with
31
the
term
“conservator”
.
32
Sec.
41.
Section
633.78,
subsection
1,
unnumbered
paragraph
33
1,
Code
2020,
is
amended
to
read
as
follows:
34
A
fiduciary
under
this
chapter
may
present
a
written
request
35
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2321
to
any
person
for
the
purpose
of
obtaining
property
owned
by
1
a
decedent
or
by
a
ward
protected
person
of
a
conservatorship
2
for
which
the
fiduciary
has
been
appointed,
or
property
to
3
which
a
decedent
or
ward
protected
person
is
entitled,
or
4
for
information
about
such
property
needed
to
perform
the
5
fiduciary’s
duties.
The
request
must
contain
statements
6
confirming
all
of
the
following:
7
Sec.
42.
Section
633.78,
subsection
1,
paragraph
b,
Code
8
2020,
is
amended
to
read
as
follows:
9
b.
The
request
has
been
signed
by
all
fiduciaries
acting
on
10
behalf
of
the
decedent
or
ward
protected
person
.
11
Sec.
43.
Section
633.78,
subsection
4,
paragraph
a,
Code
12
2020,
is
amended
to
read
as
follows:
13
a.
Damages
sustained
by
the
decedent’s
or
ward’s
protected
14
person’s
estate.
15
Sec.
44.
Section
633.80,
Code
2020,
is
amended
to
read
as
16
follows:
17
633.80
Fiduciary
of
a
fiduciary.
18
A
fiduciary
has
no
authority
to
act
in
a
matter
wherein
the
19
fiduciary’s
decedent
or
ward
protected
person
was
merely
a
20
fiduciary,
except
that
the
fiduciary
shall
file
a
report
and
21
accounting
on
behalf
of
the
decedent
or
ward
protected
person
22
in
said
matter.
23
Sec.
45.
Section
633.93,
Code
2020,
is
amended
to
read
as
24
follows:
25
633.93
Limitation
on
actions
affecting
deeds.
26
No
action
for
recovery
of
any
real
estate
sold
by
any
27
fiduciary
can
be
maintained
by
any
person
claiming
under
the
28
deceased,
the
ward
protected
person
,
or
a
beneficiary,
unless
29
brought
within
five
years
after
the
date
of
the
recording
of
30
the
conveyance.
31
Sec.
46.
Section
633.112,
Code
2020,
is
amended
to
read
as
32
follows:
33
633.112
Discovery
of
property.
34
The
court
may
require
any
person
suspected
of
having
35
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2321
possession
of
any
property,
including
records
and
documents,
1
of
the
decedent,
ward
protected
person
,
or
the
estate,
or
of
2
having
had
such
property
under
the
person’s
control,
to
appear
3
and
submit
to
an
examination
under
oath
touching
such
matters,
4
and
if
on
such
examination
it
appears
that
the
person
has
the
5
wrongful
possession
of
any
such
property,
the
court
may
order
6
the
delivery
thereof
to
the
fiduciary.
Such
a
person
shall
be
7
liable
to
the
estate
for
all
damages
caused
by
the
person’s
8
acts.
9
Sec.
47.
Section
633.123,
subsection
1,
paragraph
b,
10
subparagraph
(3),
Code
2020,
is
amended
to
read
as
follows:
11
(3)
The
needs
and
rights
of
the
beneficiaries
or
the
ward
12
protected
person
.
13
Sec.
48.
Section
633.558,
subsection
3,
Code
2020,
is
14
amended
to
read
as
follows:
15
3.
Notice
of
the
filing
of
a
petition
given
to
persons
under
16
subsections
subsection
2
and
3
shall
include
a
statement
that
17
such
persons
may
register
to
receive
notice
of
the
hearing
18
on
the
petition
and
other
proceedings
and
the
manner
of
such
19
registration.
20
Sec.
49.
Section
633.560,
subsection
3,
Code
2020,
is
21
amended
to
read
as
follows:
22
3.
The
court
shall
require
the
proposed
guardian
or
23
conservator
to
attend
the
hearing
on
the
petition
but
the
court
24
may
excuse
the
proposed
guardian’s
or
conservator’s
attendance
25
for
good
cause
shown.
26
Sec.
50.
Section
633.561,
subsection
4,
paragraphs
c
and
f,
27
Code
2020,
are
amended
to
read
as
follows:
28
c.
Ensure
that
the
respondent
has
been
properly
advised
of
29
the
respondent’s
rights
in
a
guardianship
or
conservatorship
30
proceeding.
31
f.
Ensure
that
the
guardianship
or
conservatorship
32
procedures
conform
to
the
statutory
and
due
process
33
requirements
of
Iowa
law.
34
Sec.
51.
Section
633.561,
subsection
5,
paragraphs
a
and
b,
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2321
Code
2020,
are
amended
to
read
as
follows:
1
a.
Inform
the
respondent
of
the
effects
of
the
order
entered
2
for
appointment
of
guardian
or
conservator
.
3
b.
Advise
the
respondent
of
the
respondent’s
rights
to
4
petition
for
modification
or
termination
of
the
guardianship
5
or
conservatorship
.
6
Sec.
52.
Section
633.562,
subsection
5,
paragraphs
a
and
b,
7
Code
2020,
are
amended
to
read
as
follows:
8
a.
A
recommendation
regarding
the
appropriateness
of
a
9
limited
guardianship
or
conservatorship
for
the
respondent,
10
including
whether
less
restrictive
alternatives
are
available.
11
b.
A
statement
of
the
qualifications
of
the
guardian
or
12
conservator
together
with
a
statement
of
whether
the
respondent
13
has
expressed
agreement
with
the
appointment
of
the
proposed
14
guardian
or
conservator.
15
Sec.
53.
Section
633.580,
subsections
1
and
4,
Code
2020,
16
are
amended
to
read
as
follows:
17
1.
The
name,
age,
and
last
known
post
office
address
of
the
18
proposed
ward
protected
person
.
19
4.
A
general
description
of
the
property
of
the
proposed
20
ward
protected
person
within
this
state
and
of
the
proposed
21
ward’s
protected
person’s
right
to
receive
property;
also,
the
22
estimated
present
value
of
the
real
estate,
the
estimated
value
23
of
the
personal
property,
and
the
estimated
gross
annual
income
24
of
the
estate.
If
any
money
is
payable,
or
to
become
payable,
25
to
the
proposed
ward
protected
person
by
the
United
States
26
through
the
United
States
department
of
veterans
affairs,
the
27
petition
shall
so
state.
28
Sec.
54.
Section
633.591A,
Code
2020,
is
amended
to
read
as
29
follows:
30
633.591A
Voluntary
petition
for
appointment
of
conservator
31
for
a
minor
——
standby
basis.
32
A
person
having
physical
and
legal
custody
of
a
minor
33
may
execute
a
verified
petition
for
the
appointment
of
a
34
standby
conservator
of
the
proposed
ward’s
protected
person’s
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property,
upon
the
express
condition
that
the
petition
shall
1
be
acted
upon
by
the
court
only
upon
the
occurrence
of
an
event
2
specified
or
the
existence
of
a
described
condition
of
the
3
mental
or
physical
health
of
the
petitioner,
the
occurrence
4
of
which
event,
or
the
existence
of
which
condition,
shall
be
5
established
in
the
manner
directed
in
the
petition.
6
Sec.
55.
Section
633.603,
Code
2020,
is
amended
to
read
as
7
follows:
8
633.603
Appointment
of
foreign
conservators.
9
When
there
is
no
conservatorship,
nor
any
application
10
therefor
pending,
in
this
state,
the
duly
qualified
foreign
11
conservator
or
guardian
of
a
nonresident
ward
protected
12
person
may,
upon
application,
be
appointed
conservator
of
the
13
property
of
such
person
in
this
state;
provided
that
a
resident
14
conservator
is
appointed
to
serve
with
the
foreign
conservator;
15
and
provided
further,
that
for
good
cause
shown,
the
court
16
may
appoint
the
foreign
conservator
to
act
alone
without
the
17
appointment
of
a
resident
conservator.
18
Sec.
56.
Section
633.604,
Code
2020,
is
amended
to
read
as
19
follows:
20
633.604
Application.
21
The
application
for
appointment
of
a
foreign
conservator
22
or
guardian
as
conservator
in
this
state
shall
include
the
23
name
and
address
of
the
nonresident
ward
protected
person
,
and
24
of
the
nonresident
conservator
or
guardian,
and
the
name
and
25
address
of
the
resident
conservator
to
be
appointed.
It
shall
26
be
accompanied
by
a
certified
copy
of
the
original
letters
27
or
other
authority
conferring
the
power
upon
the
foreign
28
conservator
or
guardian
to
act
as
such.
The
application
29
shall
also
state
the
cause
for
the
appointment
of
the
foreign
30
conservator
to
act
as
sole
conservator,
if
such
be
the
case.
31
Sec.
57.
Section
633.605,
Code
2020,
is
amended
to
read
as
32
follows:
33
633.605
Personal
property.
34
A
foreign
conservator
or
guardian
of
a
nonresident
may
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be
authorized
by
the
court
of
the
county
wherein
such
ward
1
protected
person
has
personal
property
to
receive
the
same
upon
2
compliance
with
the
provisions
of
sections
633.606
,
633.607
and
3
633.608
.
4
Sec.
58.
Section
633.607,
Code
2020,
is
amended
to
read
as
5
follows:
6
633.607
Order
for
delivery.
7
Upon
the
filing
of
the
bond
as
above
provided,
and
the
court
8
being
satisfied
with
the
amount
thereof,
it
shall
order
the
9
personal
property
of
the
ward
protected
person
delivered
to
10
such
conservator
or
guardian.
11
Sec.
59.
Section
633.633,
Code
2020,
is
amended
to
read
as
12
follows:
13
633.633
Provisions
applicable
to
all
fiduciaries
shall
14
govern.
15
The
provisions
of
this
probate
code
applicable
to
all
16
fiduciaries
shall
govern
the
appointment,
qualification,
oath
17
and
bond
of
guardians
and
conservators,
except
that
a
guardian
18
shall
not
be
required
to
give
bond
unless
the
court,
for
good
19
cause,
finds
that
the
best
interests
of
the
ward
protected
20
person
require
a
bond.
The
court
shall
then
fix
the
terms
and
21
conditions
of
such
bond.
22
Sec.
60.
Section
633.633B,
Code
2020,
is
amended
to
read
as
23
follows:
24
633.633B
Tort
liability
of
guardians
and
conservators.
25
The
fact
that
a
person
is
a
guardian
or
conservator
shall
not
26
in
itself
make
the
person
personally
liable
for
damages
for
the
27
acts
of
the
ward
protected
person
.
28
Sec.
61.
Section
633.636,
Code
2020,
is
amended
to
read
as
29
follows:
30
633.636
Effect
of
appointment
of
guardian
or
conservator.
31
The
appointment
of
a
guardian
or
conservator
shall
not
32
constitute
an
adjudication
that
the
ward
protected
person
is
of
33
unsound
mind.
34
Sec.
62.
Section
633.637,
Code
2020,
is
amended
to
read
as
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follows:
1
633.637
Powers
of
ward
protected
person
.
2
1.
A
ward
protected
person
for
whom
a
conservator
has
been
3
appointed
shall
not
have
the
power
to
convey,
encumber,
or
4
dispose
of
property
in
any
manner,
other
than
by
will
if
the
5
ward
protected
person
possesses
the
requisite
testamentary
6
capacity,
unless
the
court
determines
that
the
ward
protected
7
person
has
a
limited
ability
to
handle
the
ward’s
protected
8
person’s
own
funds.
If
the
court
makes
such
a
finding,
the
9
court
shall
specify
to
what
extent
the
ward
protected
person
10
may
possess
and
use
the
ward’s
protected
person’s
own
funds.
11
2.
Any
modification
of
the
powers
of
the
ward
protected
12
person
that
would
be
more
restrictive
of
the
ward’s
protected
13
person’s
control
over
the
ward’s
protected
person’s
financial
14
affairs
shall
be
based
upon
clear
and
convincing
evidence
15
and
the
burden
of
persuasion
is
on
the
conservator.
Any
16
modification
that
would
be
less
restrictive
of
the
ward’s
17
protected
person’s
control
over
the
ward’s
protected
person’s
18
financial
affairs
shall
be
based
upon
proof
in
accordance
with
19
the
requirements
of
section
633.675
.
20
Sec.
63.
Section
633.637A,
Code
2020,
is
amended
to
read
as
21
follows:
22
633.637A
Rights
of
ward
protected
person
under
guardianship.
23
An
adult
ward
protected
person
under
a
guardianship
has
the
24
right
of
communication,
visitation,
or
interaction
with
other
25
persons
upon
the
consent
of
the
adult
ward
protected
person
,
26
subject
to
section
633.635,
subsection
2
,
paragraph
“i”
,
and
27
section
633.635,
subsection
3
,
paragraph
“c”
.
If
an
adult
ward
28
protected
person
is
unable
to
give
express
consent
to
such
29
communication,
visitation,
or
interaction
with
a
person
due
30
to
a
physical
or
mental
condition,
consent
of
an
adult
ward
31
protected
person
may
be
presumed
by
a
guardian
or
a
court
based
32
on
an
adult
ward’s
protected
person’s
prior
relationship
with
33
such
person.
34
Sec.
64.
Section
633.638,
Code
2020,
is
amended
to
read
as
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follows:
1
633.638
Presumption
of
fraud.
2
If
a
conservator
be
appointed,
all
contracts,
transfers
and
3
gifts
made
by
the
ward
protected
person
after
the
filing
of
the
4
petition
shall
be
presumed
to
be
a
fraud
against
the
rights
5
and
interest
of
the
ward
protected
person
except
as
otherwise
6
directed
by
the
court
pursuant
to
section
633.637
.
7
Sec.
65.
Section
633.639,
Code
2020,
is
amended
to
read
as
8
follows:
9
633.639
Title
to
ward’s
protected
person’s
property.
10
The
title
to
all
property
of
the
ward
protected
person
is
11
in
the
ward
protected
person
and
not
the
conservator
subject,
12
however,
to
the
possession
of
the
conservator
and
to
the
13
control
of
the
court
for
the
purposes
of
administration,
14
sale
or
other
disposition,
under
the
provisions
of
the
15
law.
Any
real
property
titled
at
any
time
in
the
name
of
a
16
conservatorship
shall
be
deemed
to
be
titled
in
the
ward’s
17
protected
person’s
name
subject
to
the
conservator’s
right
of
18
possession.
19
Sec.
66.
Section
633.640,
Code
2020,
is
amended
to
read
as
20
follows:
21
633.640
Conservator’s
right
to
possession.
22
Every
conservator
shall
have
a
right
to,
and
shall
take,
23
possession
of
all
of
the
real
and
personal
property
of
the
24
ward
protected
person
.
The
conservator
shall
pay
the
taxes
25
and
collect
the
income
therefrom
until
the
conservatorship
is
26
terminated.
The
conservator
may
maintain
an
action
for
the
27
possession
of
the
property,
and
to
determine
the
title
to
the
28
same.
29
Sec.
67.
Section
633.643,
Code
2020,
is
amended
to
read
as
30
follows:
31
633.643
Disposal
of
will
by
conservator.
32
When
an
instrument
purporting
to
be
the
will
of
the
ward
33
protected
person
comes
into
the
hands
of
a
conservator,
the
34
conservator
shall
immediately
deliver
it
to
the
court.
35
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Sec.
68.
Section
633.644,
Code
2020,
is
amended
to
read
as
1
follows:
2
633.644
Court
order
to
preserve
testamentary
intent
of
ward
3
protected
person
.
4
Upon
receiving
an
instrument
purporting
to
be
the
will
of
a
5
living
ward
protected
person
under
the
provisions
of
section
6
633.643
,
the
court
may
open
said
will
and
read
it.
The
court
7
with
or
without
notice,
as
it
may
determine,
may
enter
such
8
orders
in
the
conservatorship
as
it
deems
advisable
for
the
9
proper
administration
of
the
conservatorship
in
light
of
the
10
expressed
testamentary
intent
of
the
ward
protected
person
.
11
Sec.
69.
Section
633.645,
Code
2020,
is
amended
to
read
as
12
follows:
13
633.645
Court
to
deliver
will
to
clerk.
14
An
instrument
purporting
to
be
the
will
of
a
ward
protected
15
person
coming
into
the
hands
of
the
court
under
the
provisions
16
of
section
633.643
,
shall
thereafter
be
resealed
by
the
court
17
and
be
deposited
with
the
clerk
to
be
held
by
said
clerk
as
18
provided
in
sections
633.286
through
633.289
.
19
Sec.
70.
Section
633.653A,
Code
2020,
is
amended
to
read
as
20
follows:
21
633.653A
Claims
for
cost
of
medical
care
or
services.
22
The
provision
of
medical
care
or
services
to
a
ward
protected
23
person
who
is
a
recipient
of
medical
assistance
under
chapter
24
249A
creates
a
claim
against
the
conservatorship
for
the
amount
25
owed
to
the
provider
under
the
medical
assistance
program
for
26
the
care
or
services.
The
amount
of
the
claim,
after
being
27
allowed
or
established
as
provided
in
this
part,
shall
be
paid
28
by
the
conservator
from
the
assets
of
the
conservatorship.
29
Sec.
71.
Section
633.654,
Code
2020,
is
amended
to
read
as
30
follows:
31
633.654
Form
and
verification
of
claims
——
general
32
requirements.
33
No
claim
shall
be
allowed
against
the
estate
of
a
ward
34
protected
person
upon
application
of
the
claimant
unless
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it
shall
be
in
writing,
filed
in
duplicate
with
the
clerk,
1
stating
the
claimant’s
name
and
address,
and
describing
the
2
nature
and
the
amount
thereof,
if
ascertainable.
It
shall
be
3
accompanied
by
the
affidavit
of
the
claimant,
or
of
someone
for
4
the
claimant,
that
the
amount
is
justly
due,
or
if
not
due,
5
when
it
will
or
may
become
due,
that
no
payments
have
been
6
made
thereon
which
are
not
credited,
and
that
there
are
no
7
offsets
to
the
same,
to
the
knowledge
of
the
affiant,
except
as
8
therein
stated.
The
duplicate
of
said
claim
shall
be
mailed
9
by
the
clerk
to
the
conservator
or
the
conservator’s
attorney
10
of
record;
however,
valid
contract
claims
arising
in
the
11
ordinary
course
of
the
conduct
of
the
business
or
affairs
of
12
the
ward
protected
person
by
the
conservator
may
be
paid
by
the
13
conservator
without
requiring
affidavit
or
filing.
14
Sec.
72.
Section
633.656,
Code
2020,
is
amended
to
read
as
15
follows:
16
633.656
How
claim
entitled.
17
All
claims
filed
against
the
estate
of
the
ward
protected
18
person
shall
be
entitled
in
the
name
of
the
claimant
against
19
the
conservator
as
such,
naming
the
conservator,
and
in
all
20
further
proceedings
thereon,
this
title
shall
be
preserved.
21
Sec.
73.
Section
633.660,
Code
2020,
is
amended
to
read
as
22
follows:
23
633.660
Execution
and
levy
prohibited.
24
No
execution
shall
issue
upon,
nor
shall
any
levy
be
made
25
against,
any
property
of
the
estate
of
a
ward
protected
person
26
under
any
judgment
against
the
ward
protected
person
or
a
27
conservator,
but
the
provisions
of
this
section
shall
not
be
so
28
construed
as
to
prevent
the
enforcement
of
a
mortgage,
pledge,
29
or
other
lien
upon
property
in
an
appropriate
proceeding.
30
Sec.
74.
Section
633.661,
Code
2020,
is
amended
to
read
as
31
follows:
32
633.661
Claims
of
conservators.
33
If
the
conservator
is
a
creditor
of
the
ward
protected
34
person
,
the
conservator
shall
file
the
claim
as
other
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creditors,
and
the
court
shall
appoint
some
competent
person
as
1
temporary
conservator
to
represent
the
ward
protected
person
2
at
the
hearing
on
the
conservator’s
claim.
The
same
procedure
3
shall
be
followed
in
the
case
of
coconservators
where
all
4
such
conservators
are
creditors
of
the
ward
protected
person
;
5
but
if
one
of
the
coconservators
is
not
a
creditor
of
the
6
ward
protected
person
,
such
disinterested
conservator
shall
7
represent
the
ward
protected
person
at
the
hearing
on
any
claim
8
against
the
ward
protected
person
by
a
coconservator.
9
Sec.
75.
Section
633.662,
Code
2020,
is
amended
to
read
as
10
follows:
11
633.662
Claims
not
filed.
12
The
conservator
may
pay
any
valid
claim
against
the
estate
of
13
the
ward
protected
person
even
though
such
claim
has
not
been
14
filed,
but
all
such
payments
made
by
the
conservator
shall
be
15
at
the
conservator’s
own
peril.
16
Sec.
76.
Section
633.664,
Code
2020,
is
amended
to
read
as
17
follows:
18
633.664
Liens
not
affected
by
failure
to
file
claim.
19
Nothing
in
sections
633.654
and
633.658
shall
affect
or
20
prevent
an
action
or
proceeding
to
enforce
any
mortgage,
21
pledge,
or
other
lien
upon
the
property
of
the
ward
protected
22
person
.
23
Sec.
77.
Section
633.665,
Code
2020,
is
amended
to
read
as
24
follows:
25
633.665
Separate
actions
and
claims.
26
1.
Any
action
pending
against
the
ward
protected
person
at
27
the
time
the
conservator
is
appointed
shall
also
be
considered
28
a
claim
filed
in
the
conservatorship
if
notice
of
substitution
29
is
served
on
the
conservator
as
defendant
and
a
duplicate
of
30
the
proof
of
service
of
notice
of
such
proceeding
is
filed
in
31
the
conservatorship
proceeding.
32
2.
A
separate
action
based
on
a
debt
or
other
liability
33
of
the
ward
protected
person
may
be
commenced
against
the
34
conservator
in
lieu
of
filing
a
claim
in
the
conservatorship.
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Such
an
action
shall
be
commenced
by
serving
an
original
notice
1
on
the
conservator
and
filing
a
duplicate
of
the
proof
of
2
service
of
notice
of
such
proceeding
in
the
conservatorship
3
proceeding.
Such
an
action
shall
also
be
considered
a
claim
4
filed
in
the
conservatorship.
Such
an
action
may
be
commenced
5
only
in
a
county
where
the
venue
would
have
been
proper
if
6
there
were
no
conservatorship
and
the
action
had
been
commenced
7
against
the
ward
protected
person
.
8
Sec.
78.
Section
633.667,
Code
2020,
is
amended
to
read
as
9
follows:
10
633.667
Payment
of
claims
in
insolvent
conservatorships.
11
When
it
appears
that
the
assets
in
a
conservatorship
are
12
insufficient
to
pay
in
full
all
the
claims
against
such
13
conservatorship,
the
conservator
shall
report
such
matter
to
14
the
court,
and
the
court
shall,
upon
hearing,
with
notice
to
15
all
persons
who
have
filed
claims
in
the
conservatorship,
make
16
an
order
for
the
pro
rata
payment
of
claims
giving
claimants
17
the
same
priority,
if
any,
as
they
would
have
if
the
ward
18
protected
person
were
not
under
conservatorship.
19
Sec.
79.
Section
633.668,
Code
2020,
is
amended
to
read
as
20
follows:
21
633.668
Conservator
may
make
gifts.
22
For
good
cause
shown
and
under
order
of
court,
a
conservator
23
may
make
gifts
on
behalf
of
the
ward
protected
person
out
of
24
the
assets
under
a
conservatorship
to
persons
or
religious,
25
educational,
scientific,
charitable,
or
other
nonprofit
26
organizations
to
whom
or
to
which
such
gifts
were
regularly
27
made
prior
to
the
commencement
of
the
conservatorship,
or
on
28
a
showing
to
the
court
that
such
gifts
would
benefit
the
ward
29
protected
person
or
the
ward’s
protected
person’s
estate
from
30
the
standpoint
of
income,
gift,
estate
or
inheritance
taxes.
31
The
making
of
gifts
out
of
the
assets
must
not
foreseeably
32
impair
the
ability
to
provide
adequately
for
the
best
interests
33
of
the
ward
protected
person
.
34
Sec.
80.
Section
633.673,
Code
2020,
is
amended
to
read
as
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34
S.F.
2321
follows:
1
633.673
Court
costs
in
guardianships.
2
The
ward
protected
person
or
the
ward’s
protected
person’s
3
estate
shall
be
charged
with
the
court
costs
of
a
ward’s
4
protected
person’s
guardianship,
including
the
guardian’s
fees
5
and
the
fees
of
the
attorney
for
the
guardian.
The
court
6
may,
upon
application,
enter
an
order
waiving
payment
of
the
7
court
costs
in
indigent
cases.
However,
if
the
ward
protected
8
person
or
ward’s
protected
person’s
estate
becomes
financially
9
capable
of
paying
any
waived
costs,
the
costs
shall
be
paid
10
immediately.
11
Sec.
81.
Section
633.676,
Code
2020,
is
amended
to
read
as
12
follows:
13
633.676
Assets
exhausted.
14
At
any
time
that
the
assets
of
the
ward’s
protected
person’s
15
estate
do
not
exceed
the
amount
of
the
charges
and
claims
16
against
it,
the
court
may
direct
the
conservator
to
proceed
to
17
terminate
the
conservatorship.
18
Sec.
82.
Section
633.677,
Code
2020,
is
amended
to
read
as
19
follows:
20
633.677
Accounting
to
ward
protected
person
——
notice.
21
Upon
the
termination
of
a
conservatorship,
the
conservator
22
shall
pay
the
costs
of
administration
and
shall
render
a
full
23
and
complete
accounting
to
the
ward
protected
person
or
the
24
ward’s
protected
person’s
personal
representative
and
to
the
25
court.
Notice
of
the
final
report
of
a
conservator
shall
be
26
served
on
the
ward
protected
person
or
the
ward’s
protected
27
person’s
personal
representative,
in
accordance
with
section
28
633.40
,
unless
notice
is
waived.
An
order
prescribing
notice
29
may
be
made
before
or
after
the
filing
of
the
final
report.
30
Sec.
83.
Section
633.681,
Code
2020,
is
amended
to
read
as
31
follows:
32
633.681
Assets
of
minor
ward
protected
person
exhausted.
33
When
the
assets
of
a
minor
ward’s
protected
person’s
34
conservatorship
are
exhausted
or
consist
of
personal
property
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only
of
an
aggregate
value
not
in
excess
of
twenty-five
1
thousand
dollars,
the
court,
upon
application
or
upon
its
2
own
motion,
may
terminate
the
conservatorship.
The
order
3
for
termination
shall
direct
the
conservator
to
deliver
any
4
property
remaining
after
the
payment
of
allowed
claims
and
5
expenses
of
administration
to
a
custodian
under
any
uniform
6
transfers
to
minors
Act.
Such
delivery
shall
have
the
same
7
force
and
effect
as
if
delivery
had
been
made
to
the
ward
8
protected
person
after
attaining
majority.
9
Sec.
84.
Section
633.682,
Code
2020,
is
amended
to
read
as
10
follows:
11
633.682
Discharge
of
conservator
and
release
of
bond.
12
Upon
settlement
of
the
final
accounting
of
a
conservator,
13
and
upon
determining
that
the
property
of
the
ward
protected
14
person
has
been
delivered
to
the
person
or
persons
lawfully
15
entitled
thereto,
the
court
shall
discharge
the
conservator
and
16
exonerate
the
surety
on
the
conservator’s
bond.
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