Bill Text: IA SF31 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the opening, administration, and termination of adult and minor guardianships and conservatorships.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-01-12 - Subcommittee: Dawson, Bisignano, and Whiting. S.J. 79. [SF31 Detail]

Download: Iowa-2021-SF31-Introduced.html
Senate File 31 - Introduced SENATE FILE 31 BY DAWSON A BILL FOR An Act relating to the opening, administration, and termination 1 of adult and minor guardianships and conservatorships. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1076XS (2) 89 cm/jh
S.F. 31 DIVISION I 1 MINOR GUARDIANSHIPS 2 Section 1. Section 232.3, subsection 1, Code 2021, is 3 amended to read as follows: 4 1. During the pendency of an action under this chapter , a 5 party to the action is estopped from litigating concurrently 6 the custody, guardianship, or placement of a child who is the 7 subject of the action, in a court other than the juvenile court 8 with jurisdiction of the pending action under this chapter . A 9 district judge, district associate judge, juvenile court judge, 10 magistrate, or judicial hospitalization referee, upon notice 11 of the pendency of an action under this chapter , shall not 12 issue an order, finding, or decision relating to the custody, 13 guardianship, or placement of the child who is the subject of 14 the action, under any law, including but not limited to chapter 15 232D, 598, or 598B , or 633 . 16 Sec. 2. Section 232.3, Code 2021, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 3. An action which is pending under chapter 19 232D prior to an action being brought under this chapter shall 20 be stayed by the court in the chapter 232D action unless the 21 court follows the procedures in subsection 2 and authorizes a 22 party to the action to litigate a specific issue under this 23 chapter. 24 Sec. 3. Section 232D.103, Code 2021, is amended to read as 25 follows: 26 232D.103 Jurisdiction. 27 The juvenile court has exclusive jurisdiction in a 28 guardianship proceeding concerning a minor who is alleged to be 29 in need of a guardianship and guardianships of minors . 30 Sec. 4. NEW SECTION . 232D.107 Confidentiality. 31 Official juvenile court records in guardianship proceedings 32 shall be confidential and are not public records. Confidential 33 records may be inspected and their contents shall be disclosed 34 to the following without court order, provided that a person 35 -1- LSB 1076XS (2) 89 cm/jh 1/ 36
S.F. 31 or entity who inspects or receives a confidential record under 1 this section shall not disclose the confidential record or its 2 contents unless required by law: 3 1. The judge and professional court staff. 4 2. The minor and the minor’s counsel. 5 3. The minor’s parent, guardian or custodian, court 6 visitor, and any counsel representing such person. 7 Sec. 5. Section 232D.301, subsection 2, paragraph d, 8 subparagraph (3), Code 2021, is amended to read as follows: 9 (3) Any adult who has had the primary care of the minor or 10 with whom the minor has lived for at least any time during the 11 six months prior to immediately preceding the filing of the 12 petition. 13 Sec. 6. Section 232D.301, subsection 4, Code 2021, is 14 amended to read as follows: 15 4. The petition shall state whether a limited guardianship 16 is appropriate , and whether a conservatorship for the minor is 17 already in existence . 18 Sec. 7. Section 232D.302, subsection 2, Code 2021, is 19 amended to read as follows: 20 2. Notice shall be served upon the minor’s known parents 21 listed in the petition in accordance with the rules of civil 22 procedure. If the parent has not filed a consent to the 23 appointment of a guardian, the notice shall inform any parent 24 named in the petition that the parent may be entitled to 25 representation under the conditions described in section 26 232D.304. 27 Sec. 8. Section 232D.305, subsection 1, Code 2021, is 28 amended to read as follows: 29 1. The court may appoint a court visitor for the minor. A 30 person is qualified to serve as a court visitor if the court 31 determines the person has demonstrated sufficient knowledge of 32 guardianships to adequately perform the duties in subsection 3. 33 Sec. 9. Section 232D.306, Code 2021, is amended by adding 34 the following new subsection: 35 -2- LSB 1076XS (2) 89 cm/jh 2/ 36
S.F. 31 NEW SUBSECTION . 4. A hearing on the petition may be 1 recorded if a court reporter is not used. 2 Sec. 10. Section 232D.307, subsection 1, Code 2021, is 3 amended to read as follows: 4 1. The court shall request criminal record checks and checks 5 of the child abuse, dependent adult abuse, and sex offender 6 registries in this state for all proposed guardians other than 7 financial institutions with Iowa trust powers unless a proposed 8 guardian has undergone the required background checks in this 9 section within the twelve six months prior to the filing of 10 a petition and the background check has been provided to the 11 court . 12 Sec. 11. Section 232D.401, subsection 1, Code 2021, is 13 amended to read as follows: 14 1. The order by the court appointing a guardian for a minor 15 shall state the basis for the order and the date on which the 16 first reporting period for the guardianship will end . 17 Sec. 12. Section 232D.401, subsection 3, unnumbered 18 paragraph 1, Code 2021, is amended to read as follows: 19 An order by the court appointing a guardian for a minor shall 20 state the powers granted to the guardian. Except as otherwise 21 limited by court order, the The court may grant the guardian 22 the following powers , which may be exercised without prior 23 court approval : 24 Sec. 13. Section 232D.501, subsection 1, paragraph a, Code 25 2021, is amended by adding the following new subparagraph: 26 NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for 27 applying for and receiving funds and benefits payable for the 28 support of the minor. 29 Sec. 14. Section 232D.501, subsection 1, paragraph b, Code 30 2021, is amended by adding the following new subparagraphs: 31 NEW SUBPARAGRAPH . (11) The results of the guardian’s 32 efforts to apply for funds or benefits for the minor, and 33 an accounting for the use of such funds or benefits by the 34 guardian. 35 -3- LSB 1076XS (2) 89 cm/jh 3/ 36
S.F. 31 NEW SUBPARAGRAPH . (12) Any other information the guardian 1 deems necessary for the court to consider. 2 Sec. 15. Section 232D.501, Code 2021, is amended by adding 3 the following new subsections: 4 NEW SUBSECTION . 5. A copy of the verified initial care plan 5 and verified annual report shall be served, annually, on the 6 protected person, the protected person’s attorney, if any, and 7 court visitor, if any. 8 NEW SUBSECTION . 6. The court, for good cause, may extend 9 the deadline for filing required reports. Required reports of 10 a guardian which are not timely filed and which are delinquent, 11 and for which no extension for filing has been granted by the 12 court, shall be administered in the same manner as provided in 13 section 633.32. 14 DIVISION II 15 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 16 Sec. 16. Section 235B.6, subsection 2, paragraph d, Code 17 2021, is amended by adding the following new subparagraph: 18 NEW SUBPARAGRAPH . (7) To a district court conducting 19 checks of the dependent adult abuse registry for all proposed 20 guardians and conservators pursuant to section 633.564. 21 Sec. 17. Section 633.556, subsections 4 and 5, Code 2021, 22 are amended to read as follows: 23 4. The petition shall list the name and address of the 24 petitioner and the petitioner’s relationship to the respondent 25 following: 26 a. The respondent . 27 b. The petitioner and the petitioner’s relationship to the 28 respondent. 29 c. The proposed guardian or conservator and the reason the 30 proposed guardian or conservator should be selected. 31 5. The petition shall list the name and address, to the 32 extent known, of the following: 33 a. The name and address of the proposed guardian and the 34 reason the proposed guardian should be selected. 35 -4- LSB 1076XS (2) 89 cm/jh 4/ 36
S.F. 31 b. Any spouse of the respondent. 1 c. Any adult children of the respondent. 2 d. Any parents of the respondent. 3 e. Any adult, who has had the primary care of the respondent 4 or with whom the respondent has lived for at least any time 5 during the six months prior to immediately preceding the filing 6 of the petition, or any institution or facility where the 7 respondent has resided for at least six months prior to any 8 time during the six months immediately preceding the filing of 9 the petition. 10 f. Any legal representative or representative payee of the 11 respondent. 12 g. Any person designated as an attorney in fact in a durable 13 power of attorney for health care which is valid under chapter 14 144B , or any person designated as an agent in a durable power 15 of attorney which is valid under chapter 633B . 16 Sec. 18. Section 633.560, subsection 3, Code 2021, is 17 amended to read as follows: 18 3. The court shall require the proposed guardian or 19 conservator to attend the hearing on the petition but the court 20 may excuse the proposed guardian’s or conservator’s attendance 21 for good cause shown. 22 Sec. 19. Section 633.561, subsection 6, Code 2021, is 23 amended to read as follows: 24 6. If the court determines that it would be in the 25 respondent’s best interest to have legal representation 26 with respect to any further proceedings in a guardianship 27 or conservatorship, the court may appoint an attorney to 28 represent the respondent at the expense of the respondent or 29 the respondent’s estate, or if the respondent is indigent the 30 cost of the court appointed attorney shall be assessed against 31 the county in which the proceedings are pending. 32 Sec. 20. Section 633.562, subsection 1, Code 2021, is 33 amended to read as follows: 34 1. If the court determines that the appointment of a court 35 -5- LSB 1076XS (2) 89 cm/jh 5/ 36
S.F. 31 visitor would be in the best interest of the respondent, the 1 court shall appoint a court visitor at the expense of the 2 respondent or the respondent’s estate, or, if the respondent 3 is indigent, the cost of the court visitor shall be assessed 4 against the county in which the proceedings are pending. The 5 court may appoint any qualified person as a court visitor in 6 a guardianship or conservatorship proceeding. A person is 7 qualified to serve in this capacity if the court determines the 8 person has demonstrated sufficient knowledge of guardianships 9 or conservatorships to adequately perform the duties in 10 subsection 3. 11 Sec. 21. Section 633.562, Code 2021, is amended by adding 12 the following new subsection: 13 NEW SUBSECTION . 7. A court visitor shall be discharged 14 from all further duties upon appointment of a guardian or 15 conservator, unless otherwise ordered by the court. The court 16 may order a court visitor to continue to serve if the court 17 determines continued service would be in the best interest of 18 the protected person. If the court continues the service of 19 the court visitor, the court may limit the direct duties of the 20 court visitor as the court deems necessary. The court visitor 21 shall thereafter continue to serve until discharged by the 22 court. 23 Sec. 22. Section 633.564, subsection 1, Code 2021, is 24 amended to read as follows: 25 1. The court shall request criminal record checks and 26 checks of the child abuse, dependent adult abuse, and sexual 27 offender registries in this state for all proposed guardians 28 and conservators, other than financial institutions with Iowa 29 trust powers , unless a proposed guardian or conservator has 30 undergone the required background checks required by this 31 section within the six months prior to the filing of a petition 32 and the background check has been provided to the court . 33 Sec. 23. Section 633.569, Code 2021, is amended to read as 34 follows: 35 -6- LSB 1076XS (2) 89 cm/jh 6/ 36
S.F. 31 633.569 Emergency appointment of temporary guardian or 1 conservator. 2 1. A person authorized to file a petition under section 3 633.552, 633.553 , or 633.554 633.556 or 633.557 may file an 4 application for the emergency appointment of a temporary 5 guardian or conservator. 6 2. Such application shall state all of the following: 7 a. The name and address of the respondent. 8 0b. The name and address of the petitioner and the 9 petitioner’s relationship to the respondent. 10 b. The name and address of the proposed guardian or 11 conservator and the reason the proposed guardian or conservator 12 should be selected. 13 0c. The names and addresses, to the extent known, of any 14 other persons who must be named in the petition for appointment 15 of a guardian or conservator under section 633.556 or 633.557. 16 c. The reason the emergency appointment of a temporary 17 guardian or conservator is sought. 18 3. The court may enter an ex parte order appointing a 19 temporary guardian or conservator on an emergency basis under 20 this section if the court finds that all of the following 21 conditions are met: 22 a. There is not sufficient time to file a petition 23 and hold a hearing pursuant to section 633.552, 633.553 , 24 or 633.554 633.556, 633.557, or 633.560 . 25 b. The appointment of a temporary guardian or conservator 26 is necessary to avoid immediate or irreparable harm to the 27 respondent before a hearing with notice to the respondent can 28 be held . 29 c. There is reason to believe that the basis for appointment 30 of guardian or conservator exists under section 633.552, 31 633.553 , or 633.554 633.556 or 633.557 . 32 4. Notice of a petition for the appointment of a temporary 33 guardian or conservator and the issuance of an ex parte 34 order appointing a temporary guardian or conservator shall be 35 -7- LSB 1076XS (2) 89 cm/jh 7/ 36
S.F. 31 provided to the respondent, the respondent’s attorney, and any 1 other person the court determines should receive notice. 2 5. Upon the issuance of an ex parte order, if the respondent 3 is an adult, the respondent may file a request for a hearing. 4 If the respondent is a minor, the respondent, a parent having 5 legal custody of the respondent, or any other person having 6 legal custody of the respondent may file a written request for 7 a hearing. Such hearing shall be held no later than seven days 8 after the filing of a written request. 9 6. The powers of the temporary guardian or conservator 10 set forth in the order of the court shall be limited to those 11 necessary to address the emergency situation requiring the 12 appointment of a temporary guardian or conservator. 13 7. The temporary guardianship or conservatorship shall 14 terminate within thirty days after the order is issued. 15 8. The court may order an extension of the temporary 16 guardianship or conservatorship for thirty days for good 17 cause shown, including a showing that a hearing on a petition 18 for a guardianship or conservatorship under section 633.556 19 or 633.557 cannot be scheduled within thirty days after the 20 order for a temporary guardianship or conservatorship is 21 ordered. Prior to or contemporaneously with the filing for 22 an application for the extension of time, the guardian or 23 conservator shall file a report with the court setting forth 24 all of the following: 25 a. All actions conducted by the guardian or conservator on 26 behalf of the protected person from the time of the initial 27 appointment of the guardian up to the time of the report. 28 b. All actions that the guardian or conservator plans to 29 conduct on behalf of the protected person during the thirty-day 30 extension period. 31 9. The temporary guardian or conservator shall submit any 32 other report the court requires. 33 Sec. 24. Section 633.570, subsections 1 and 2, Code 2021, 34 are amended to read as follows: 35 -8- LSB 1076XS (2) 89 cm/jh 8/ 36
S.F. 31 1. In a proceeding for the appointment of a guardian, the 1 respondent shall be given written notice which advises the 2 respondent of the powers that the court may grant a guardian 3 may exercise without court approval pursuant to the powers set 4 out in section 633.635, subsection 2 , and the powers that the 5 guardian may exercise only with court approval pursuant to set 6 out in section 633.635, subsection 3 . 7 2. In a proceeding for the appointment of a conservator, 8 the respondent shall be given written notice which advises 9 the respondent of the powers that the court may grant a 10 conservator may exercise without court approval pursuant to 11 the powers set out in section 633.646 and the powers that the 12 guardian may exercise only with court approval pursuant to 13 section 633.647 633.642 . 14 Sec. 25. Section 633.635, subsection 1, Code 2021, is 15 amended to read as follows: 16 1. The order by the court appointing a guardian shall state 17 the factual basis for the guardianship pursuant to section 18 633.552 and the date on which the first reporting period for 19 the guardianship shall end . 20 Sec. 26. Section 633.635, subsection 2, unnumbered 21 paragraph 1, Code 2021, is amended to read as follows: 22 Based upon the evidence produced at the hearing, the court 23 may grant a guardian the following powers and duties with 24 respect to a protected person which may be exercised without 25 prior court approval : 26 Sec. 27. Section 633.635, subsection 3, unnumbered 27 paragraph 1, Code 2021, is amended to read as follows: 28 A Notwithstanding subsection 2, a guardian may be granted 29 the following powers which may only be exercised upon court 30 approval: 31 Sec. 28. NEW SECTION . 633.640A Powers of conservator upon 32 appointment. 33 1. The order by the court appointing a conservator shall 34 state the basis for the conservatorship pursuant to section 35 -9- LSB 1076XS (2) 89 cm/jh 9/ 36
S.F. 31 633.553 or pursuant to section 633.554. 1 2. Upon appointment, the conservator may exercise the 2 powers relating to all fiduciaries as set out in sections 3 633.63 through 633.162, unless expressly modified by the court, 4 without prior court approval. These powers include but are not 5 limited to the following: 6 a. Make written requests for the purpose of obtaining the 7 property of the protected person, or obtaining information 8 about the property of the protected person pursuant to section 9 633.78. 10 b. Designate and employ an attorney to assist in the 11 administration of the estate of the protected person pursuant 12 to section 633.82. 13 c. Hold investments in the name of a bank or trustee company 14 pursuant to section 633.124. 15 d. Require a bank to show ownership of investments held in 16 nominee name and keep them separate from the assets of the bank 17 pursuant to section 633.125. 18 3. Until such time as the conservator files an initial 19 financial management plan and such plan is approved by the 20 court as required by section 633.670, subsection 1, the 21 conservator may exercise the following powers with respect to 22 a protected person without court approval except as otherwise 23 ordered by the court: 24 a. Collect, receive, and receipt for any principal or income 25 of the protected person. 26 b. Receive property of the protected person from any source. 27 c. Continue to hold any investment or other property of the 28 protected person. 29 4. Upon the filing of an appropriate oath by the 30 conservator, the clerk of the court shall issue letters of 31 appointment. A copy of the initial order of the court and 32 any future order, granting or limiting the authority of the 33 conservator to act on behalf of the protected person shall be 34 attached to the letters of appointment. 35 -10- LSB 1076XS (2) 89 cm/jh 10/ 36
S.F. 31 Sec. 29. Section 633.641, subsection 3, Code 2021, is 1 amended to read as follows: 2 3. If a protected person has executed a valid power of 3 attorney under chapter 633B , the conservator shall act in 4 accordance with the applicable provisions of chapter 633B . 5 If the court appoints a conservator for a protected person 6 who has previously executed a valid power of attorney under 7 chapter 633B, the power of attorney is suspended unless the 8 power of attorney provides otherwise or the court appointing 9 the conservator orders that the power of attorney should 10 continue. If the power of attorney continues, the agent is 11 accountable to the conservator as well as the principal. The 12 power of attorney shall be reinstated upon termination of the 13 conservatorship for reasons other than the protected person’s 14 death. 15 Sec. 30. Section 633.642, unnumbered paragraph 1, Code 16 2021, is amended to read as follows: 17 Except as otherwise ordered by the court , and except 18 for those powers relating to all fiduciaries as set out in 19 sections 633.63 through 633.162 which may be exercised without 20 approval of the court unless expressly modified by the court , 21 a conservator must give notice to persons entitled to notice 22 and receive specific prior authorization by the court before 23 the conservator may take any other action on behalf of the 24 protected person. These other powers Powers requiring court 25 approval include but are not limited to the authority of the 26 conservator to: 27 Sec. 31. Section 633.669, Code 2021, is amended to read as 28 follows: 29 633.669 Reporting requirements —— assistance Reports by clerk 30 guardians . 31 1. A guardian appointed by the court under this chapter 32 shall file with the court the following written verified 33 reports which shall not be waived by the court: 34 a. An initial care plan filed within sixty days of 35 -11- LSB 1076XS (2) 89 cm/jh 11/ 36
S.F. 31 appointment. The information in the initial care plan shall 1 include but not be limited to the following information: 2 (1) The current residence of the protected person and the 3 guardian’s plan for the protected person’s living arrangements. 4 (2) The current sources of payment for the protected 5 person’s living expenses and other expenses, and the guardian’s 6 plan for payment of the protected person’s living expenses and 7 other expenses. 8 (3) The protected person’s health status and health care 9 needs, and the guardian’s plan for meeting the protected 10 person’s needs for medical, dental, and other health care 11 needs. 12 (3A) Whether the protected person has a living will or 13 health care power of attorney. 14 (4) If applicable, the protected person’s need for other 15 professional services for mental, behavioral, or emotional 16 health, and the guardian’s plan for other professional services 17 needed by the protected person. 18 (5) If applicable, the protected person’s employment 19 status, the protected person’s need for educational, training, 20 or vocational services, and the guardian’s plan for meeting the 21 educational, training, and vocational needs of the protected 22 person. 23 (6) If applicable, the guardian’s plan for facilitating the 24 participation of the protected person in social activities. 25 (7) The guardian’s plan for facilitating contacts between 26 the protected person and the protected person’s family members 27 and other significant persons significant in the life of the 28 protected person . 29 (8) The guardian’s plan for contact with, and activities on 30 behalf of, the protected person. 31 (9) The powers that the guardian requests to carry out the 32 initial care plan. 33 (10) The guardian shall file an amended plan when there 34 has been a significant change in the circumstances or the 35 -12- LSB 1076XS (2) 89 cm/jh 12/ 36
S.F. 31 guardian seeks to deviate significantly from the plan. The 1 guardian must obtain court approval of the amended plan before 2 implementing any of its provisions. 3 b. An annual report, filed within sixty days of the close 4 of the reporting period , unless the court otherwise orders on 5 good cause shown . The information in the annual report shall 6 include but not be limited to the following information: 7 (1) The current living arrangements of the protected 8 person. 9 (2) The sources of payment for the protected person’s living 10 expenses and other expenses. 11 (3) A description, if applicable, of the following: 12 (a) The protected person’s physical and mental health 13 status and the medical, dental, and other professional health 14 services provided to the protected person. 15 (b) If applicable, the protected person’s employment status 16 and the educational, training, and vocational services provided 17 to the protected person. 18 (0c) The guardian’s facilitation of the participation of 19 the protected person in social activities. 20 (c) The contact of the protected person with family members 21 and other significant persons. 22 (d) The nature and extent of the guardian’s visits with, and 23 activities on behalf of, the protected person. 24 (04) The guardian’s changes to the care plan for the 25 protected person for the next annual reporting period. 26 (004) The powers that the guardian requests to carry out 27 the care plan for the protected person for the next annual 28 reporting period. 29 (4) The guardian’s recommendation as to the need for 30 continuation of the guardianship. 31 (5) The ability of the guardian to continue as guardian. 32 (6) The need of the guardian for assistance in providing or 33 arranging for the provision of the care and protection of the 34 protected person. 35 -13- LSB 1076XS (2) 89 cm/jh 13/ 36
S.F. 31 (7) Any other information the guardian deems necessary for 1 the court to consider. 2 c. A final report within thirty days of the termination 3 of the guardianship under section 633.675 unless that time is 4 extended by the court. 5 2. The court shall develop a simplified uniform reporting 6 form for use in filing the required reports. 7 3. The clerk of the court shall notify the guardian in 8 writing of the reporting requirements and shall provide 9 information and assistance to the guardian in filing the 10 reports. 11 4. Reports of guardians shall be reviewed and approved by a 12 district court judge or referee. 13 5. The court, for good cause, may extend the deadline for 14 filing required reports. Required reports of a guardian which 15 are not timely filed and which are delinquent, and for which no 16 extension for filing has been granted by the court, shall be 17 administered as provided in section 633.32. 18 6. Reports required by this section shall be served on the 19 protected person, the protected person’s attorney, if any, and 20 the court visitor, if any. 21 Sec. 32. Section 633.670, Code 2021, is amended to read as 22 follows: 23 633.670 Reports by conservators. 24 1. A conservator shall file an a verified initial financial 25 management plan for protecting, managing, investing, expending, 26 and distributing the assets of the conservatorship estate 27 within ninety days after appointment which shall not be waived 28 by the court . The plan must be based on the needs of the 29 protected person and take into account the best interest of the 30 protected person as well as the protected person’s preference, 31 values, and prior directions to the extent known to, or 32 reasonably ascertainable by, the conservator. 33 a. The initial plan shall include all of the following: The 34 initial financial management plan shall state the protected 35 -14- LSB 1076XS (2) 89 cm/jh 14/ 36
S.F. 31 person’s age, residence, living arrangements, and sources of 1 payment for living expenses. 2 (1) A budget containing projected expenses and resources, 3 including an estimate of the total amount of fees the 4 conservator anticipates charging per year and a statement or 5 list of the amount the conservator proposes to charge for each 6 service the conservator anticipates providing to the protected 7 person. 8 (2) A statement as to how the conservator will involve 9 the protected person in decisions about management of the 10 conservatorship estate. 11 (3) If ordered by the court, any step the conservator plans 12 to take to develop or restore the ability of the protected 13 person to manage the conservatorship estate. 14 (4) An estimate of the duration of the conservatorship. 15 b. If applicable, the protected person’s will shall be filed 16 with the court clerk and the protected person’s prepaid burial 17 trust and powers of attorney shall be described. 18 c. The conservator shall include a proposed budget for the 19 protected person and budget-related information for the next 20 annual reporting period including all of the following: 21 (1) The protected person’s receipts and income and 22 the projected sources of income including, if applicable, 23 wages, social security income, pension and retirement plan 24 distribution, veterans’ benefits, rental income, interest 25 earnings, and dividends, and the total estimated receipts and 26 income. 27 (2) The protected person’s liabilities and debts including, 28 if applicable, mortgage, car loans, credit card debt, federal, 29 state, and property taxes owed and the total estimated 30 liabilities and debts; a list and concise explanation of 31 any liability or debt owed by the protected person to the 32 conservator; and a list and concise explanation of the 33 liability of any other person for a liability of the protected 34 person. 35 -15- LSB 1076XS (2) 89 cm/jh 15/ 36
S.F. 31 (3) The protected person’s estimated expenses on a monthly 1 and annual basis including, if applicable, nursing home or 2 facility charge, real property expenses for residence, food and 3 household expenses, utilities, household help and caregiver 4 expenses, health services and health insurance expenses, 5 educational and vocational expenses, personal auto and other 6 transportation expenses, clothing expenses, personal allowance 7 and other personal expenses, liabilities and debts, attorney 8 fees and other professional expenses, conservator fees, and 9 other administrative expenses. 10 d. The conservator shall include a list of the protected 11 person’s assets and the conservator’s plan for management 12 of these assets including, if applicable, financial 13 accounts including checking and certificates of deposit and 14 cash, investments including stocks, bonds, mutual funds, 15 exchange-traded funds, individual retirement accounts and other 16 investment accounts, pension, profit-sharing, annuities, and 17 retirement funds, personal property including household goods 18 and vehicles, receivables including mortgages and liens payable 19 to the protected person’s estate or trust, life insurance, and 20 other property. 21 e. The conservator shall include a statement as to how the 22 conservator will involve the protected person in decisions 23 about management of the conservatorship estate. 24 f. If ordered by the court, the conservator shall include 25 any action the conservator plans to take to develop or 26 restore the ability of the protected person to manage the 27 conservatorship estate. 28 g. The conservator shall include the authority that the 29 conservator requests to carry out the initial financial plan 30 including expenditures in accordance with the proposed budget 31 for the protected person and the plan for the management of the 32 assets of the protected person for the next annual reporting 33 period. 34 b. h. Within two days after filing the initial plan, the 35 -16- LSB 1076XS (2) 89 cm/jh 16/ 36
S.F. 31 The conservator shall give provide notice of the filing of 1 the initial plan with and a copy of the initial plan to the 2 protected person, the protected person’s attorney , if any, and 3 court visitor, if any, and others as directed by the court. 4 The notice must state that any person entitled to a copy of 5 the plan must file any objections to the plan not later than 6 fifteen days after it is filed twenty days from the date of 7 mailing notice of filing the initial plan . 8 c. i. At least twenty days after the plan has been filed, 9 the court shall review and determine whether the plan should 10 be approved or revised, after considering objections filed and 11 whether the plan is consistent with the conservator’s powers 12 and duties. 13 d. j. After approval by the court, the conservator shall 14 provide a copy of the approved plan and order approving the 15 plan to the protected person, the protected person’s attorney , 16 if any, and court visitor, if any, and others as directed by 17 the court. 18 e. k. The conservator shall file an amended plan when 19 there has been a significant change in circumstances or the 20 conservator seeks to deviate significantly from the plan. 21 Before the amended plan is implemented, the provisions for 22 court approval of the plan shall be followed as provided in 23 paragraphs “b” , “c” , and “d” the initial financial management 24 plan . 25 2. A conservator shall file attach an inventory of the 26 protected person’s assets within ninety days after appointment 27 and debts to the initial financial management plan, which 28 includes an oath or affirmation that the inventory is believed 29 to be complete and accurate as far as information permits. 30 Copies After approval by the court, the conservator shall 31 provide copies of the inventory shall be provided to the 32 protected person, the protected person’s attorney , if any, 33 and court visitor, if any, and others as directed by the 34 court. When the conservator receives additional property 35 -17- LSB 1076XS (2) 89 cm/jh 17/ 36
S.F. 31 of the protected person, or becomes aware of its existence, 1 a description of the property shall be included in the 2 conservator’s next annual report. 3 2A. A conservator shall attach to the initial financial 4 management plan an inventory of the protected person’s assets 5 and debts, which includes an oath or affirmation that the 6 inventory is believed to be complete and accurate as far as 7 information permits. The conservator shall provide copies of 8 the inventory to the protected person, the protected person’s 9 attorney, if any, and the court visitor, if any, and others 10 as directed by the court. Any objections to the inventory 11 shall be filed in the same manner and according to the same 12 schedule as objections to the initial financial management 13 plan. The court shall review the inventory and determine 14 whether the inventory should be approved at the same time as 15 the court reviews the initial financial management plan. When 16 the conservator receives an additional asset of the protected 17 person or becomes aware of its existence, or becomes aware 18 of additional debt of the protected person, a description of 19 the asset or debt shall be included in the conservator’s next 20 annual report. 21 3. A conservator shall file a written and verified report on 22 an annual basis for the period since the end of the preceding 23 report period . The court which shall not waive these reports 24 be waived by the court . 25 a. These reports shall include all of the following: The 26 annual report shall state the age, the residence, and the 27 living arrangements of the protected person, and sources of 28 payment for the protected person’s living expenses during the 29 reporting period. 30 (1) Balance of funds on hand at the beginning and end of the 31 period. 32 (2) Disbursements made. 33 (3) Changes in the conservator’s plan. 34 (4) List of assets as of the end of the period. 35 -18- LSB 1076XS (2) 89 cm/jh 18/ 36
S.F. 31 (5) Bond amount and surety’s name. 1 (6) Residence and physical location of the protected 2 person. 3 (7) General physical and mental condition of the protected 4 person. 5 (8) Other information reflecting the condition of the 6 conservatorship estate. 7 b. These reports shall be filed: The conservator shall 8 submit with the annual report an inventory of the assets of the 9 protected person as of the last day of the reporting period the 10 total value of assets at the beginning and end of the reporting 11 period. 12 (1) On an annual basis within sixty days of the end of the 13 reporting period unless the court orders an extension for good 14 cause shown in accordance with the rules of probate procedure. 15 c. The annual report shall include an itemization of all 16 income or funds received and all expenditures made by the 17 conservator on behalf of the protected person. If any of 18 the expenditures were made to provide support for or pay the 19 debts of another person, the annual report shall include an 20 explanation of these expenditures. If any of the expenditures 21 were made to pay any liability or debt owed by the protected 22 person to the conservator, the annual report shall include an 23 explanation of these expenditures. If any of the expenditures 24 were made to pay any liability or debt that is also owed by 25 another person or entity, the annual report shall include an 26 explanation of these expenditures. 27 d. The annual report shall include the following budget and 28 information related to the budget for the protected person: 29 (1) A description of changes, if any, made in the budget 30 approved by the court for the preceding reporting period. 31 (2) A proposed budget and budget-related information for 32 the next reporting period containing the information set forth 33 in subsection 1, paragraph “c” . 34 (3) A request for approval of the proposed budget and 35 -19- LSB 1076XS (2) 89 cm/jh 19/ 36
S.F. 31 authority to make expenditures in accordance with the proposed 1 budget. 2 e. The annual report shall include the following information 3 related to the management of the assets of the protected 4 person: 5 (1) A description of changes, if any, in the plan for 6 management of the assets of the protected person approved by 7 the court for the preceding reporting period. 8 (2) A proposed plan for management of the assets of the 9 protected person for the next reporting period. 10 (3) A request for approval of the proposed plan for 11 management of the assets of the protected person and the 12 authority to carry out the plan. 13 f. The conservator shall include a statement as to how the 14 conservator will involve the protected person in decisions 15 about management of the conservatorship estate. 16 g. The annual report shall describe, if ordered by the 17 court, the actions that have been taken and that will be taken 18 by the conservator to develop or restore the ability of the 19 protected person to manage the conservatorship’s assets. 20 h. The conservator may request court approval of fees 21 provided by an attorney on behalf of the conservatorship or the 22 protected person during the preceding reporting period. 23 i. The conservator may request court approval of fees 24 provided the conservator on behalf of the conservatorship or 25 the protected person during the preceding reporting period. 26 4. The conservator shall file a verified final report with 27 the court as follows: 28 (2) a. Within thirty days following removal of the 29 conservator. 30 (3) b. Upon the conservator’s filing of a resignation and 31 before the resignation is accepted by the court. 32 (4) c. Within sixty days following the termination of the 33 conservatorship. 34 (5) d. At other times as ordered by the court. 35 -20- LSB 1076XS (2) 89 cm/jh 20/ 36
S.F. 31 c. 5. Reports required by this section The initial 1 financial management plan, the inventory of the protected 2 person’s assets, and the annual report shall be served , 3 annually, on the protected person, the protected person’s 4 attorney , if any, and court visitor, if any, and the veterans 5 administration if the protected person is receiving veterans 6 veterans’ benefits. 7 6. The court, for good cause, may extend the deadline for 8 filing required reports. Required reports of a conservator 9 which are not timely filed and which are delinquent, and for 10 which no extension for filing has been granted by the court, 11 shall be administered as provided in section 633.32. 12 Sec. 33. Section 633.675, subsections 2, 3, and 4, Code 13 2021, are amended to read as follows: 14 2. The court shall terminate a guardianship for an adult if 15 it the court finds by clear and convincing evidence that the 16 basis for appointing a guardian pursuant to section 633.552 has 17 not been established. 18 3. The court shall terminate a conservatorship if the court 19 finds by clear and convincing evidence that the basis for 20 appointing a conservator pursuant to section 633.553 or 633.554 21 is not satisfied. 22 4. The standard of proof and the burden of proof to be 23 applied in a termination proceeding to terminate a guardianship 24 or conservatorship for an adult shall be the same as set forth 25 in section 633.551, subsection 2 . 26 DIVISION III 27 CONFORMING CHANGES 28 Sec. 34. Section 633.3, subsections 9, 17, 22, and 23, Code 29 2021, are amended to read as follows: 30 9. Conservator —— means a person appointed by the court 31 to have the custody and control of the property of a ward 32 protected person under the provisions of this probate code. 33 17. Estate —— the real and personal property of either a 34 decedent or a ward protected person , and may also refer to the 35 -21- LSB 1076XS (2) 89 cm/jh 21/ 36
S.F. 31 real and personal property of a trust described in section 1 633.10 . 2 22. Guardian —— means the person appointed by the court to 3 have the custody of the person of the ward protected person 4 under the provisions of this probate code. 5 23. Guardian of the property —— at the election of the 6 person appointed by the court to have the custody and care of 7 the property of a ward protected person , the term “guardian of 8 the property” may be used, which term shall be synonymous with 9 the term “conservator” . 10 Sec. 35. Section 633.78, subsection 1, unnumbered paragraph 11 1, Code 2021, is amended to read as follows: 12 A fiduciary under this chapter may present a written request 13 to any person for the purpose of obtaining property owned by 14 a decedent or by a ward protected person of a conservatorship 15 for which the fiduciary has been appointed, or property to 16 which a decedent or ward protected person is entitled, or 17 for information about such property needed to perform the 18 fiduciary’s duties. The request must contain statements 19 confirming all of the following: 20 Sec. 36. Section 633.78, subsection 1, paragraph b, Code 21 2021, is amended to read as follows: 22 b. The request has been signed by all fiduciaries acting on 23 behalf of the decedent or ward protected person . 24 Sec. 37. Section 633.78, subsection 4, paragraph a, Code 25 2021, is amended to read as follows: 26 a. Damages sustained by the decedent’s or ward’s protected 27 person’s estate. 28 Sec. 38. Section 633.80, Code 2021, is amended to read as 29 follows: 30 633.80 Fiduciary of a fiduciary. 31 A fiduciary has no authority to act in a matter wherein the 32 fiduciary’s decedent or ward protected person was merely a 33 fiduciary, except that the fiduciary shall file a report and 34 accounting on behalf of the decedent or ward protected person 35 -22- LSB 1076XS (2) 89 cm/jh 22/ 36
S.F. 31 in said matter. 1 Sec. 39. Section 633.93, Code 2021, is amended to read as 2 follows: 3 633.93 Limitation on actions affecting deeds. 4 No action for recovery of any real estate sold by any 5 fiduciary can be maintained by any person claiming under the 6 deceased, the ward protected person , or a beneficiary, unless 7 brought within five years after the date of the recording of 8 the conveyance. 9 Sec. 40. Section 633.112, Code 2021, is amended to read as 10 follows: 11 633.112 Discovery of property. 12 The court may require any person suspected of having 13 possession of any property, including records and documents, 14 of the decedent, ward protected person , or the estate, or of 15 having had such property under the person’s control, to appear 16 and submit to an examination under oath touching such matters, 17 and if on such examination it appears that the person has the 18 wrongful possession of any such property, the court may order 19 the delivery thereof to the fiduciary. Such a person shall be 20 liable to the estate for all damages caused by the person’s 21 acts. 22 Sec. 41. Section 633.123, subsection 1, paragraph b, 23 subparagraph (3), Code 2021, is amended to read as follows: 24 (3) The needs and rights of the beneficiaries or the ward 25 protected person . 26 Sec. 42. Section 633.580, subsections 1 and 4, Code 2021, 27 are amended to read as follows: 28 1. The name, age, and last known post office address of the 29 proposed ward protected person . 30 4. A general description of the property of the proposed 31 ward protected person within this state and of the proposed 32 ward’s protected person’s right to receive property; also, the 33 estimated present value of the real estate, the estimated value 34 of the personal property, and the estimated gross annual income 35 -23- LSB 1076XS (2) 89 cm/jh 23/ 36
S.F. 31 of the estate. If any money is payable, or to become payable, 1 to the proposed ward protected person by the United States 2 through the United States department of veterans affairs, the 3 petition shall so state. 4 Sec. 43. Section 633.591A, Code 2021, is amended to read as 5 follows: 6 633.591A Voluntary petition for appointment of conservator 7 for a minor —— standby basis. 8 A person having physical and legal custody of a minor 9 may execute a verified petition for the appointment of a 10 standby conservator of the proposed ward’s protected person’s 11 property, upon the express condition that the petition shall 12 be acted upon by the court only upon the occurrence of an event 13 specified or the existence of a described condition of the 14 mental or physical health of the petitioner, the occurrence 15 of which event, or the existence of which condition, shall be 16 established in the manner directed in the petition. 17 Sec. 44. Section 633.603, Code 2021, is amended to read as 18 follows: 19 633.603 Appointment of foreign conservators. 20 When there is no conservatorship, nor any application 21 therefor pending, in this state, the duly qualified foreign 22 conservator or guardian of a nonresident ward protected 23 person may, upon application, be appointed conservator of the 24 property of such person in this state; provided that a resident 25 conservator is appointed to serve with the foreign conservator; 26 and provided further, that for good cause shown, the court 27 may appoint the foreign conservator to act alone without the 28 appointment of a resident conservator. 29 Sec. 45. Section 633.604, Code 2021, is amended to read as 30 follows: 31 633.604 Application. 32 The application for appointment of a foreign conservator 33 or guardian as conservator in this state shall include the 34 name and address of the nonresident ward protected person , and 35 -24- LSB 1076XS (2) 89 cm/jh 24/ 36
S.F. 31 of the nonresident conservator or guardian, and the name and 1 address of the resident conservator to be appointed. It shall 2 be accompanied by a certified copy of the original letters 3 or other authority conferring the power upon the foreign 4 conservator or guardian to act as such. The application 5 shall also state the cause for the appointment of the foreign 6 conservator to act as sole conservator, if such be the case. 7 Sec. 46. Section 633.605, Code 2021, is amended to read as 8 follows: 9 633.605 Personal property. 10 A foreign conservator or guardian of a nonresident may 11 be authorized by the court of the county wherein such ward 12 protected person has personal property to receive the same upon 13 compliance with the provisions of sections 633.606 , 633.607 and 14 633.608 . 15 Sec. 47. Section 633.607, Code 2021, is amended to read as 16 follows: 17 633.607 Order for delivery. 18 Upon the filing of the bond as above provided, and the court 19 being satisfied with the amount thereof, it shall order the 20 personal property of the ward protected person delivered to 21 such conservator or guardian. 22 Sec. 48. Section 633.633, Code 2021, is amended to read as 23 follows: 24 633.633 Provisions applicable to all fiduciaries shall 25 govern. 26 The provisions of this probate code applicable to all 27 fiduciaries shall govern the appointment, qualification, oath 28 and bond of guardians and conservators, except that a guardian 29 shall not be required to give bond unless the court, for good 30 cause, finds that the best interests of the ward protected 31 person require a bond. The court shall then fix the terms and 32 conditions of such bond. 33 Sec. 49. Section 633.633B, Code 2021, is amended to read as 34 follows: 35 -25- LSB 1076XS (2) 89 cm/jh 25/ 36
S.F. 31 633.633B Tort liability of guardians and conservators. 1 The fact that a person is a guardian or conservator shall not 2 in itself make the person personally liable for damages for the 3 acts of the ward protected person . 4 Sec. 50. Section 633.636, Code 2021, is amended to read as 5 follows: 6 633.636 Effect of appointment of guardian or conservator. 7 The appointment of a guardian or conservator shall not 8 constitute an adjudication that the ward protected person is of 9 unsound mind. 10 Sec. 51. Section 633.637, Code 2021, is amended to read as 11 follows: 12 633.637 Powers of ward protected person . 13 1. A ward protected person for whom a conservator has been 14 appointed shall not have the power to convey, encumber, or 15 dispose of property in any manner, other than by will if the 16 ward protected person possesses the requisite testamentary 17 capacity, unless the court determines that the ward protected 18 person has a limited ability to handle the ward’s protected 19 person’s own funds. If the court makes such a finding, the 20 court shall specify to what extent the ward protected person 21 may possess and use the ward’s protected person’s own funds. 22 2. Any modification of the powers of the ward protected 23 person that would be more restrictive of the ward’s protected 24 person’s control over the ward’s protected person’s financial 25 affairs shall be based upon clear and convincing evidence 26 and the burden of persuasion is on the conservator. Any 27 modification that would be less restrictive of the ward’s 28 protected person’s control over the ward’s protected person’s 29 financial affairs shall be based upon proof in accordance with 30 the requirements of section 633.675 . 31 Sec. 52. Section 633.637A, Code 2021, is amended to read as 32 follows: 33 633.637A Rights of ward protected person under guardianship. 34 An adult ward protected person under a guardianship has the 35 -26- LSB 1076XS (2) 89 cm/jh 26/ 36
S.F. 31 right of communication, visitation, or interaction with other 1 persons upon the consent of the adult ward protected person , 2 subject to section 633.635, subsection 2 , paragraph “i” , and 3 section 633.635, subsection 3 , paragraph “c” . If an adult ward 4 protected person is unable to give express consent to such 5 communication, visitation, or interaction with a person due 6 to a physical or mental condition, consent of an adult ward 7 protected person may be presumed by a guardian or a court based 8 on an adult ward’s protected person’s prior relationship with 9 such person. 10 Sec. 53. Section 633.638, Code 2021, is amended to read as 11 follows: 12 633.638 Presumption of fraud. 13 If a conservator be appointed, all contracts, transfers and 14 gifts made by the ward protected person after the filing of the 15 petition shall be presumed to be a fraud against the rights 16 and interest of the ward protected person except as otherwise 17 directed by the court pursuant to section 633.637 . 18 Sec. 54. Section 633.639, Code 2021, is amended to read as 19 follows: 20 633.639 Title to ward’s protected person’s property. 21 The title to all property of the ward protected person is 22 in the ward protected person and not the conservator subject, 23 however, to the possession of the conservator and to the 24 control of the court for the purposes of administration, 25 sale or other disposition, under the provisions of the 26 law. Any real property titled at any time in the name of a 27 conservatorship shall be deemed to be titled in the ward’s 28 protected person’s name subject to the conservator’s right of 29 possession. 30 Sec. 55. Section 633.640, Code 2021, is amended to read as 31 follows: 32 633.640 Conservator’s right to possession. 33 Every conservator shall have a right to, and shall take, 34 possession of all of the real and personal property of the 35 -27- LSB 1076XS (2) 89 cm/jh 27/ 36
S.F. 31 ward protected person . The conservator shall pay the taxes 1 and collect the income therefrom until the conservatorship is 2 terminated. The conservator may maintain an action for the 3 possession of the property, and to determine the title to the 4 same. 5 Sec. 56. Section 633.643, Code 2021, is amended to read as 6 follows: 7 633.643 Disposal of will by conservator. 8 When an instrument purporting to be the will of the ward 9 protected person comes into the hands of a conservator, the 10 conservator shall immediately deliver it to the court. 11 Sec. 57. Section 633.644, Code 2021, is amended to read as 12 follows: 13 633.644 Court order to preserve testamentary intent of ward 14 protected person . 15 Upon receiving an instrument purporting to be the will of a 16 living ward protected person under the provisions of section 17 633.643 , the court may open said will and read it. The court 18 with or without notice, as it may determine, may enter such 19 orders in the conservatorship as it deems advisable for the 20 proper administration of the conservatorship in light of the 21 expressed testamentary intent of the ward protected person . 22 Sec. 58. Section 633.645, Code 2021, is amended to read as 23 follows: 24 633.645 Court to deliver will to clerk. 25 An instrument purporting to be the will of a ward protected 26 person coming into the hands of the court under the provisions 27 of section 633.643 , shall thereafter be resealed by the court 28 and be deposited with the clerk to be held by said clerk as 29 provided in sections 633.286 through 633.289 . 30 Sec. 59. Section 633.653A, Code 2021, is amended to read as 31 follows: 32 633.653A Claims for cost of medical care or services. 33 The provision of medical care or services to a ward protected 34 person who is a recipient of medical assistance under chapter 35 -28- LSB 1076XS (2) 89 cm/jh 28/ 36
S.F. 31 249A creates a claim against the conservatorship for the amount 1 owed to the provider under the medical assistance program for 2 the care or services. The amount of the claim, after being 3 allowed or established as provided in this part, shall be paid 4 by the conservator from the assets of the conservatorship. 5 Sec. 60. Section 633.654, Code 2021, is amended to read as 6 follows: 7 633.654 Form and verification of claims —— general 8 requirements. 9 No claim shall be allowed against the estate of a ward 10 protected person upon application of the claimant unless 11 it shall be in writing, filed in duplicate with the clerk, 12 stating the claimant’s name and address, and describing the 13 nature and the amount thereof, if ascertainable. It shall be 14 accompanied by the affidavit of the claimant, or of someone for 15 the claimant, that the amount is justly due, or if not due, 16 when it will or may become due, that no payments have been 17 made thereon which are not credited, and that there are no 18 offsets to the same, to the knowledge of the affiant, except as 19 therein stated. The duplicate of said claim shall be mailed 20 by the clerk to the conservator or the conservator’s attorney 21 of record; however, valid contract claims arising in the 22 ordinary course of the conduct of the business or affairs of 23 the ward protected person by the conservator may be paid by the 24 conservator without requiring affidavit or filing. 25 Sec. 61. Section 633.656, Code 2021, is amended to read as 26 follows: 27 633.656 How claim entitled. 28 All claims filed against the estate of the ward protected 29 person shall be entitled in the name of the claimant against 30 the conservator as such, naming the conservator, and in all 31 further proceedings thereon, this title shall be preserved. 32 Sec. 62. Section 633.660, Code 2021, is amended to read as 33 follows: 34 633.660 Execution and levy prohibited. 35 -29- LSB 1076XS (2) 89 cm/jh 29/ 36
S.F. 31 No execution shall issue upon, nor shall any levy be made 1 against, any property of the estate of a ward protected person 2 under any judgment against the ward protected person or a 3 conservator, but the provisions of this section shall not be so 4 construed as to prevent the enforcement of a mortgage, pledge, 5 or other lien upon property in an appropriate proceeding. 6 Sec. 63. Section 633.661, Code 2021, is amended to read as 7 follows: 8 633.661 Claims of conservators. 9 If the conservator is a creditor of the ward, the conservator 10 shall file the claim as other creditors, and the court shall 11 appoint some competent person as temporary conservator to 12 represent the ward protected person at the hearing on the 13 conservator’s claim. The same procedure shall be followed in 14 the case of coconservators where all such conservators are 15 creditors of the ward protected person ; but if one of the 16 coconservators is not a creditor of the ward protected person , 17 such disinterested conservator shall represent the ward at the 18 hearing on any claim against the ward protected person by a 19 coconservator. 20 Sec. 64. Section 633.662, Code 2021, is amended to read as 21 follows: 22 633.662 Claims not filed. 23 The conservator may pay any valid claim against the estate of 24 the ward protected person even though such claim has not been 25 filed, but all such payments made by the conservator shall be 26 at the conservator’s own peril. 27 Sec. 65. Section 633.664, Code 2021, is amended to read as 28 follows: 29 633.664 Liens not affected by failure to file claim. 30 Nothing in sections 633.654 and 633.658 shall affect or 31 prevent an action or proceeding to enforce any mortgage, 32 pledge, or other lien upon the property of the ward protected 33 person . 34 Sec. 66. Section 633.665, Code 2021, is amended to read as 35 -30- LSB 1076XS (2) 89 cm/jh 30/ 36
S.F. 31 follows: 1 633.665 Separate actions and claims. 2 1. Any action pending against the ward protected person at 3 the time the conservator is appointed shall also be considered 4 a claim filed in the conservatorship if notice of substitution 5 is served on the conservator as defendant and a duplicate of 6 the proof of service of notice of such proceeding is filed in 7 the conservatorship proceeding. 8 2. A separate action based on a debt or other liability 9 of the ward protected person may be commenced against the 10 conservator in lieu of filing a claim in the conservatorship. 11 Such an action shall be commenced by serving an original notice 12 on the conservator and filing a duplicate of the proof of 13 service of notice of such proceeding in the conservatorship 14 proceeding. Such an action shall also be considered a claim 15 filed in the conservatorship. Such an action may be commenced 16 only in a county where the venue would have been proper if 17 there were no conservatorship and the action had been commenced 18 against the ward protected person . 19 Sec. 67. Section 633.667, Code 2021, is amended to read as 20 follows: 21 633.667 Payment of claims in insolvent conservatorships. 22 When it appears that the assets in a conservatorship are 23 insufficient to pay in full all the claims against such 24 conservatorship, the conservator shall report such matter to 25 the court, and the court shall, upon hearing, with notice to 26 all persons who have filed claims in the conservatorship, make 27 an order for the pro rata payment of claims giving claimants 28 the same priority, if any, as they would have if the ward 29 protected person were not under conservatorship. 30 Sec. 68. Section 633.668, Code 2021, is amended to read as 31 follows: 32 633.668 Conservator may make gifts. 33 For good cause shown and under order of court, a conservator 34 may make gifts on behalf of the ward protected person out of 35 -31- LSB 1076XS (2) 89 cm/jh 31/ 36
S.F. 31 the assets under a conservatorship to persons or religious, 1 educational, scientific, charitable, or other nonprofit 2 organizations to whom or to which such gifts were regularly 3 made prior to the commencement of the conservatorship, or on 4 a showing to the court that such gifts would benefit the ward 5 protected person or the ward’s protected person’s estate from 6 the standpoint of income, gift, estate or inheritance taxes. 7 The making of gifts out of the assets must not foreseeably 8 impair the ability to provide adequately for the best interests 9 of the ward protected person . 10 Sec. 69. Section 633.673, Code 2021, is amended to read as 11 follows: 12 633.673 Court costs in guardianships. 13 The ward protected person or the ward’s protected person’s 14 estate shall be charged with the court costs of a ward’s 15 guardianship, including the guardian’s fees and the fees of the 16 attorney for the guardian. The court may, upon application, 17 enter an order waiving payment of the court costs in indigent 18 cases. However, if the ward protected person or ward’s 19 protected person’s estate becomes financially capable of paying 20 any waived costs, the costs shall be paid immediately. 21 Sec. 70. Section 633.676, Code 2021, is amended to read as 22 follows: 23 633.676 Assets exhausted. 24 At any time that the assets of the ward’s protected person’s 25 estate do not exceed the amount of the charges and claims 26 against it, the court may direct the conservator to proceed to 27 terminate the conservatorship. 28 Sec. 71. Section 633.677, Code 2021, is amended to read as 29 follows: 30 633.677 Accounting to ward protected person —— notice. 31 Upon the termination of a conservatorship, the conservator 32 shall pay the costs of administration and shall render a full 33 and complete accounting to the ward protected person or the 34 ward’s protected person’s personal representative and to the 35 -32- LSB 1076XS (2) 89 cm/jh 32/ 36
S.F. 31 court. Notice of the final report of a conservator shall be 1 served on the ward protected person or the ward’s protected 2 person’s personal representative, in accordance with section 3 633.40 , unless notice is waived. An order prescribing notice 4 may be made before or after the filing of the final report. 5 Sec. 72. Section 633.681, Code 2021, is amended to read as 6 follows: 7 633.681 Assets of minor ward protected person exhausted. 8 When the assets of a minor ward’s protected person’s 9 conservatorship are exhausted or consist of personal property 10 only of an aggregate value not in excess of twenty-five 11 thousand dollars, the court, upon application or upon its 12 own motion, may terminate the conservatorship. The order 13 for termination shall direct the conservator to deliver any 14 property remaining after the payment of allowed claims and 15 expenses of administration to a custodian under any uniform 16 transfers to minors Act. Such delivery shall have the same 17 force and effect as if delivery had been made to the ward 18 protected person after attaining majority. 19 Sec. 73. Section 633.682, Code 2021, is amended to read as 20 follows: 21 633.682 Discharge of conservator and release of bond. 22 Upon settlement of the final accounting of a conservator, 23 and upon determining that the property of the ward protected 24 person has been delivered to the person or persons lawfully 25 entitled thereto, the court shall discharge the conservator and 26 exonerate the surety on the conservator’s bond. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the administration of adult and minor 31 guardianships and conservatorships. 32 Under current law, the juvenile court has exclusive 33 jurisdiction of guardianship proceedings. The bill provides 34 that the juvenile court also has exclusive jurisdiction over 35 -33- LSB 1076XS (2) 89 cm/jh 33/ 36
S.F. 31 guardianships of minors. 1 The bill creates a new Code section that makes official 2 juvenile court records in guardianships confidential and not 3 public records. The following people are authorized to request 4 the records without court order: the judge and professional 5 court staff, the minor and the minor’s counsel, the minor’s 6 parent, guardian, or custodian, court visitor, and any counsel 7 representing such person, so long as they do not disclose the 8 confidential record or contents unless required by law. 9 Under current law, the petition for minor and adult 10 guardianships includes the name and address of any adult 11 who has had the primary care of the minor or with whom the 12 protected person has lived for at least six months prior to the 13 filing of the petition. The bill requires the name and address 14 of any adult who has had the primary care of the protected 15 person or with whom the protected person had lived with at any 16 time during the six months prior to the filing of the petition. 17 The bill provides that in addition to stating in the 18 guardianship for the minor petition why a limited guardianship 19 is appropriate, the petition must also state whether a 20 conservatorship for the minor is already in place. 21 The bill provides that notice of a guardianship proceeding 22 must be given to any adult with whom the minor has lived for the 23 six months immediately preceding the filing of the petition. 24 The bill further provides that if a minor’s known parents 25 have not consented to the appointment of a guardian, the notice 26 of the filing of a guardianship petition shall inform the known 27 parents that they are entitled to representation if they meet 28 the conditions in Code section 232D.304. 29 Under current law, qualification for a court visitor is not 30 provided. The bill provides a person is qualified to serve 31 as a court visitor for a minor or adult protected person if 32 the court determines the person has demonstrated sufficient 33 knowledge of guardianships to adequately perform the duties of 34 a court visitor. 35 -34- LSB 1076XS (2) 89 cm/jh 34/ 36
S.F. 31 The bill changes the requirements of the background checks 1 for a proposed guardian of the minor. Previously, the proposed 2 guardian for the minor could use background checks from the 3 past 12 months prior to filing the petition. The bill changes 4 that time frame to six months and adds that the background 5 check needs to have been provided to the court. The bill also 6 includes the same provision for adult guardianships. 7 The bill strikes a reference to “without prior court 8 approval” in a Code section listing powers a court may grant 9 to a guardian. 10 The bill also directs that the initial verified care plan 11 must include the guardian’s plan for applying and receiving 12 funds and benefits for the support of the minor. 13 The bill allows a district court conducting checks of the 14 dependent adult abuse registry for all proposed guardians and 15 conservators pursuant to Code section 633.564 to have access 16 to dependent adult abuse information other than unfounded 17 dependent adult abuse information. 18 The bill provides that a court visitor will be discharged 19 upon the appointment of a guardian or conservator unless 20 ordered by the court to continue. 21 The bill enacts new Code section 633.640A, which provides 22 the powers of a conservator upon appointment. The bill 23 provides that an order appointing a conservator shall state 24 the basis for the conservatorship, and upon appointment 25 the conservator may exercise the powers relating to all 26 fiduciaries, unless expressly modified by the court, without 27 prior court approval. These powers include but are not 28 limited to the following: making written requests for the 29 purpose of obtaining the property of the protected person, 30 or obtaining information about the property of the protected 31 person; designating and employing an attorney to assist in 32 the administration of the estate of the protected person; 33 holding investments in the name of a bank or trustee company; 34 and requiring a bank to show ownership of investments held in 35 -35- LSB 1076XS (2) 89 cm/jh 35/ 36
S.F. 31 nominee name and keep them separate from the assets of the 1 bank. The bill further provides that until the conservator 2 files and the court approves an initial financial management 3 plan, the conservator may exercise the following powers without 4 court approval except as otherwise ordered by the court: 5 collect, receive, and receipt for any principal or income of 6 the protected person; receive property of the protected person 7 from any source; and continue to hold any investment or other 8 property of the protected person. The bill also provides that 9 the clerk of the court shall issue letters of appointment upon 10 the filing of an appropriate oath by the conservator and a 11 copy of the initial order of the court and any future order, 12 granting or limiting the authority of the conservator to act on 13 behalf of the protected person shall be attached to the letters 14 of appointment. 15 The bill amends the information required to be contained in 16 a guardian’s written verified reports including the initial 17 care plan and annual reports, and information required to be 18 included in reports by conservators including the initial 19 financial management plan, including an inventory of the 20 protected person’s assets and debts, the annual report, and the 21 final report. 22 The bill amends reporting requirements for guardians, and 23 requires that guardians must obtain court approval prior to any 24 significant deviation from the initial care plan filed with the 25 court. 26 The bill amends reporting requirements for conservators. 27 The conservator must give notice of filing a plan, and if no 28 objection is made within 20 days, the conservator must submit 29 a proposed order to the court approving the initial plan. If 30 there are objections to the plan, the court must set the matter 31 for hearing. 32 The bill makes conforming changes to the probate code by 33 changing the term “ward” to “protected person”. 34 -36- LSB 1076XS (2) 89 cm/jh 36/ 36
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