Bill Text: IA SF348 | 2021-2022 | 89th General Assembly | Amended
Bill Title: A bill for an act relating to the opening, administration, and termination of adult and minor guardianships and conservatorships. (Formerly SF 31.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-03-31 - Message from House, with amendment S-5111. S.J. 674. [SF348 Detail]
Download: Iowa-2021-SF348-Amended.html
Senate
File
348
-
Reprinted
SENATE
FILE
348
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
31)
(As
Amended
and
Passed
by
the
Senate
March
8,
2021
)
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
SF
348
(2)
89
cm/jh/mb
S.F.
348
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
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348
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33
S.F.
348
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
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S.F.
348
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
until
such
time
as
the
21
guardian
files
an
initial
care
plan
and
such
plan
is
approved
22
by
the
court
as
required
by
section
232D.501,
subsection
4
.
23
Except
as
otherwise
limited
by
court
an
order
appointing
a
24
guardian
for
a
minor
,
the
court
may
grant
the
guardian
the
25
following
powers
,
which
may
be
exercised
without
prior
court
26
approval
:
27
Sec.
13.
Section
232D.501,
subsection
1,
paragraph
a,
Code
28
2021,
is
amended
by
adding
the
following
new
subparagraph:
29
NEW
SUBPARAGRAPH
.
(2A)
The
guardian’s
plan,
if
any,
for
30
applying
for
and
receiving
funds
and
benefits
payable
for
the
31
support
of
the
minor.
32
Sec.
14.
Section
232D.501,
subsection
1,
paragraph
b,
Code
33
2021,
is
amended
by
adding
the
following
new
subparagraphs:
34
NEW
SUBPARAGRAPH
.
(11)
The
results
of
the
guardian’s
35
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S.F.
348
efforts
to
apply
for
funds
or
benefits
for
the
minor,
and
1
an
accounting
for
the
use
of
such
funds
or
benefits
by
the
2
guardian.
3
NEW
SUBPARAGRAPH
.
(12)
Any
other
information
the
guardian
4
deems
necessary
for
the
court
to
consider.
5
Sec.
15.
Section
232D.501,
Code
2021,
is
amended
by
adding
6
the
following
new
subsections:
7
NEW
SUBSECTION
.
5.
The
guardian
shall
provide
a
copy
of
the
8
verified
initial
care
plan
and
verified
annual
report
required
9
by
this
section
to
the
protected
person,
the
protected
person’s
10
attorney,
if
any,
and
court
visitor,
if
any.
11
NEW
SUBSECTION
.
6.
The
court,
for
good
cause,
may
extend
12
the
deadline
for
filing
required
reports.
Required
reports
of
13
a
guardian
which
are
not
timely
filed
and
which
are
delinquent,
14
and
for
which
no
extension
for
filing
has
been
granted
by
the
15
court,
shall
be
administered
in
the
same
manner
as
provided
in
16
section
633.32.
17
DIVISION
II
18
ADULT
GUARDIANSHIPS
AND
MINOR
AND
ADULT
CONSERVATORSHIPS
19
Sec.
16.
Section
235B.6,
subsection
2,
paragraph
d,
Code
20
2021,
is
amended
by
adding
the
following
new
subparagraph:
21
NEW
SUBPARAGRAPH
.
(7)
To
a
district
court
conducting
22
checks
of
the
dependent
adult
abuse
registry
for
all
proposed
23
guardians
and
conservators
pursuant
to
section
633.564.
24
Sec.
17.
Section
633.556,
subsections
4
and
5,
Code
2021,
25
are
amended
to
read
as
follows:
26
4.
The
petition
shall
list
the
name
and
address
of
the
27
petitioner
and
the
petitioner’s
relationship
to
the
respondent
28
following:
29
a.
The
respondent
.
30
b.
The
petitioner
and
the
petitioner’s
relationship
to
the
31
respondent.
32
c.
The
proposed
guardian
or
conservator
and
the
reason
the
33
proposed
guardian
or
conservator
should
be
selected.
34
5.
The
petition
shall
list
the
name
and
address,
to
the
35
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S.F.
348
extent
known,
of
the
following:
1
a.
The
name
and
address
of
the
proposed
guardian
and
the
2
reason
the
proposed
guardian
should
be
selected.
3
b.
Any
spouse
of
the
respondent.
4
c.
Any
adult
children
of
the
respondent.
5
d.
Any
parents
of
the
respondent.
6
e.
Any
adult,
who
has
had
the
primary
care
of
the
respondent
7
or
with
whom
the
respondent
has
lived
for
at
least
any
time
8
during
the
six
months
prior
to
immediately
preceding
the
filing
9
of
the
petition,
or
any
institution
or
facility
where
the
10
respondent
has
resided
for
at
least
six
months
prior
to
any
11
time
during
the
six
months
immediately
preceding
the
filing
of
12
the
petition.
13
f.
Any
legal
representative
or
representative
payee
of
the
14
respondent.
15
g.
Any
person
designated
as
an
attorney
in
fact
in
a
durable
16
power
of
attorney
for
health
care
which
is
valid
under
chapter
17
144B
,
or
any
person
designated
as
an
agent
in
a
durable
power
18
of
attorney
which
is
valid
under
chapter
633B
.
19
Sec.
18.
Section
633.560,
subsection
3,
Code
2021,
is
20
amended
to
read
as
follows:
21
3.
The
court
shall
require
the
proposed
guardian
or
22
conservator
to
attend
the
hearing
on
the
petition
but
the
court
23
may
excuse
the
proposed
guardian’s
or
conservator’s
attendance
24
for
good
cause
shown.
25
Sec.
19.
Section
633.561,
subsection
6,
Code
2021,
is
26
amended
to
read
as
follows:
27
6.
If
the
court
determines
that
it
would
be
in
the
28
respondent’s
best
interest
to
have
legal
representation
29
with
respect
to
any
further
proceedings
in
a
guardianship
30
or
conservatorship,
the
court
may
appoint
an
attorney
to
31
represent
the
respondent
at
the
expense
of
the
respondent
or
32
the
respondent’s
estate,
or
if
the
respondent
is
indigent
the
33
cost
of
the
court
appointed
attorney
shall
be
assessed
against
34
the
county
in
which
the
proceedings
are
pending.
35
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Sec.
20.
Section
633.562,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
If
the
court
determines
that
the
appointment
of
a
court
3
visitor
would
be
in
the
best
interest
of
the
respondent,
the
4
court
shall
appoint
a
court
visitor
at
the
expense
of
the
5
respondent
or
the
respondent’s
estate,
or,
if
the
respondent
6
is
indigent,
the
cost
of
the
court
visitor
shall
be
assessed
7
against
the
county
in
which
the
proceedings
are
pending.
The
8
court
may
appoint
any
qualified
person
as
a
court
visitor
in
9
a
guardianship
or
conservatorship
proceeding.
A
person
is
10
qualified
to
serve
in
this
capacity
if
the
court
determines
the
11
person
has
demonstrated
sufficient
knowledge
of
guardianships
12
or
conservatorships
to
adequately
perform
the
duties
in
13
subsection
3.
14
Sec.
21.
Section
633.562,
Code
2021,
is
amended
by
adding
15
the
following
new
subsection:
16
NEW
SUBSECTION
.
7.
A
court
visitor
shall
be
discharged
17
from
all
further
duties
upon
appointment
of
a
guardian
or
18
conservator,
unless
otherwise
ordered
by
the
court.
The
court
19
may
order
a
court
visitor
to
continue
to
serve
if
the
court
20
determines
continued
service
would
be
in
the
best
interest
of
21
the
protected
person.
If
the
court
continues
the
service
of
22
the
court
visitor,
the
court
may
limit
the
direct
duties
of
the
23
court
visitor
as
the
court
deems
necessary.
The
court
visitor
24
shall
thereafter
continue
to
serve
until
discharged
by
the
25
court.
26
Sec.
22.
Section
633.564,
subsection
1,
Code
2021,
is
27
amended
to
read
as
follows:
28
1.
The
court
shall
request
criminal
record
checks
and
29
checks
of
the
child
abuse,
dependent
adult
abuse,
and
sexual
30
offender
registries
in
this
state
for
all
proposed
guardians
31
and
conservators,
other
than
financial
institutions
with
Iowa
32
trust
powers
,
unless
a
proposed
guardian
or
conservator
has
33
undergone
the
required
background
checks
required
by
this
34
section
within
the
six
months
prior
to
the
filing
of
a
petition
35
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33
S.F.
348
and
the
background
check
has
been
provided
to
the
court
.
1
Sec.
23.
Section
633.569,
Code
2021,
is
amended
to
read
as
2
follows:
3
633.569
Emergency
appointment
of
temporary
guardian
or
4
conservator.
5
1.
A
person
authorized
to
file
a
petition
under
section
6
633.552,
633.553
,
or
633.554
633.556
or
633.557
may
file
an
7
application
for
the
emergency
appointment
of
a
temporary
8
guardian
or
conservator.
9
2.
Such
application
shall
state
all
of
the
following:
10
a.
The
name
and
address
of
the
respondent.
11
0b.
The
name
and
address
of
the
petitioner
and
the
12
petitioner’s
relationship
to
the
respondent.
13
b.
The
name
and
address
of
the
proposed
guardian
or
14
conservator
and
the
reason
the
proposed
guardian
or
conservator
15
should
be
selected.
16
0c.
The
names
and
addresses,
to
the
extent
known,
of
any
17
other
persons
who
must
be
named
in
the
petition
for
appointment
18
of
a
guardian
or
conservator
under
section
633.556
or
633.557.
19
c.
The
reason
the
emergency
appointment
of
a
temporary
20
guardian
or
conservator
is
sought.
21
3.
The
court
may
enter
an
ex
parte
order
appointing
a
22
temporary
guardian
or
conservator
on
an
emergency
basis
under
23
this
section
if
the
court
finds
that
all
of
the
following
24
conditions
are
met:
25
a.
There
is
not
sufficient
time
to
file
a
petition
26
and
hold
a
hearing
pursuant
to
section
633.552,
633.553
,
27
or
633.554
633.556,
633.557,
or
633.560
.
28
b.
The
appointment
of
a
temporary
guardian
or
conservator
29
is
necessary
to
avoid
immediate
or
irreparable
harm
to
the
30
respondent
before
a
hearing
with
notice
to
the
respondent
can
31
be
held
.
32
c.
There
is
reason
to
believe
that
the
basis
for
appointment
33
of
guardian
or
conservator
exists
under
section
633.552,
34
633.553
,
or
633.554
633.556
or
633.557
.
35
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4.
Notice
of
a
petition
for
the
appointment
of
a
temporary
1
guardian
or
conservator
and
the
issuance
of
an
ex
parte
2
order
appointing
a
temporary
guardian
or
conservator
shall
be
3
provided
to
the
respondent,
the
respondent’s
attorney,
and
any
4
other
person
the
court
determines
should
receive
notice.
5
5.
Upon
the
issuance
of
an
ex
parte
order,
if
the
respondent
6
is
an
adult,
the
respondent
may
file
a
request
for
a
hearing.
7
If
the
respondent
is
a
minor,
the
respondent,
a
parent
having
8
legal
custody
of
the
respondent,
or
any
other
person
having
9
legal
custody
of
the
respondent
may
file
a
written
request
for
10
a
hearing.
Such
hearing
shall
be
held
no
later
than
seven
days
11
after
the
filing
of
a
written
request.
12
6.
The
powers
of
the
temporary
guardian
or
conservator
13
set
forth
in
the
order
of
the
court
shall
be
limited
to
those
14
necessary
to
address
the
emergency
situation
requiring
the
15
appointment
of
a
temporary
guardian
or
conservator.
16
7.
The
temporary
guardianship
or
conservatorship
shall
17
terminate
within
thirty
days
after
the
order
is
issued.
18
8.
The
court
may
order
an
extension
of
the
temporary
19
guardianship
or
conservatorship
for
thirty
days
for
good
20
cause
shown,
including
a
showing
that
a
hearing
on
a
petition
21
for
a
guardianship
or
conservatorship
under
section
633.556
22
or
633.557
cannot
be
scheduled
within
thirty
days
after
the
23
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
9.
The
temporary
guardian
or
conservator
shall
submit
any
35
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other
report
the
court
requires.
1
Sec.
24.
Section
633.570,
subsections
1
and
2,
Code
2021,
2
are
amended
to
read
as
follows:
3
1.
In
a
proceeding
for
the
appointment
of
a
guardian,
the
4
respondent
shall
be
given
written
notice
which
advises
the
5
respondent
of
the
powers
that
the
court
may
grant
a
guardian
6
may
exercise
without
court
approval
pursuant
to
the
powers
set
7
out
in
section
633.635,
subsection
2
,
and
the
powers
that
the
8
guardian
may
exercise
only
with
court
approval
pursuant
to
set
9
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
12
the
respondent
of
the
powers
that
the
court
may
grant
a
13
conservator
may
exercise
without
court
approval
pursuant
to
14
the
powers
set
out
in
section
633.646
and
the
powers
that
the
15
guardian
may
exercise
only
with
court
approval
pursuant
to
16
section
633.647
633.642
.
17
Sec.
25.
Section
633.635,
subsection
1,
Code
2021,
is
18
amended
to
read
as
follows:
19
1.
The
order
by
the
court
appointing
a
guardian
shall
state
20
the
factual
basis
for
the
guardianship
pursuant
to
section
21
633.552
and
the
date
on
which
the
first
reporting
period
for
22
the
guardianship
shall
end
.
23
Sec.
26.
Section
633.635,
subsection
2,
unnumbered
24
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
25
Based
upon
the
evidence
produced
at
the
hearing
An
order
by
26
the
court
appointing
a
guardian
for
an
adult
shall
state
the
27
powers
granted
to
the
guardian
until
such
time
as
the
guardian
28
files
an
initial
care
plan
and
such
plan
is
approved
by
the
29
court
as
required
by
section
633.669.
Except
as
otherwise
30
limited
by
an
order
appointing
a
guardian
for
an
adult
,
the
31
court
may
grant
a
guardian
the
following
powers
and
duties
with
32
respect
to
a
protected
person
which
may
be
exercised
without
33
prior
court
approval
:
34
Sec.
27.
Section
633.635,
subsection
3,
unnumbered
35
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paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
1
A
Notwithstanding
subsection
2,
a
guardian
may
be
granted
2
the
following
powers
which
may
only
be
exercised
upon
court
3
approval:
4
Sec.
28.
Section
633.641,
subsection
3,
Code
2021,
is
5
amended
to
read
as
follows:
6
3.
If
a
protected
person
has
executed
a
valid
power
of
7
attorney
under
chapter
633B
,
the
conservator
shall
act
in
8
accordance
with
the
applicable
provisions
of
chapter
633B
.
9
If
the
court
appoints
a
conservator
for
a
protected
person
10
who
has
previously
executed
a
valid
power
of
attorney
under
11
chapter
633B,
the
power
of
attorney
is
suspended
unless
the
12
power
of
attorney
provides
otherwise
or
the
court
appointing
13
the
conservator
orders
that
the
power
of
attorney
should
14
continue.
If
the
power
of
attorney
continues,
the
agent
is
15
accountable
to
the
conservator
as
well
as
the
principal.
The
16
power
of
attorney
shall
be
reinstated
upon
termination
of
the
17
conservatorship
for
reasons
other
than
the
protected
person’s
18
death.
19
Sec.
29.
Section
633.642,
Code
2021,
is
amended
by
striking
20
the
section
and
inserting
in
lieu
thereof
the
following:
21
633.642
Powers
of
conservator.
22
1.
An
order
by
the
court
appointing
a
conservator
shall
23
state
the
basis
for
the
conservatorship
pursuant
to
section
24
633.553
or
section
633.554.
25
2.
Upon
appointment
by
the
court,
and
until
such
time
as
the
26
conservator
files
an
initial
financial
management
plan
and
such
27
plan
is
approved
by
the
court
as
required
by
section
633.670,
28
subsection
1,
a
conservator
has
the
authority
to
exercise
all
29
powers
applicable
to
fiduciaries
pursuant
to
sections
633.63
30
through
633.162,
unless
expressly
modified
by
the
court.
31
3.
In
the
order
approving
an
initial
financial
management
32
plan
or
an
annual
report,
the
court
shall
approve
and
set
forth
33
the
specific
powers
of
a
conservator,
which
may
be
thereafter
34
exercised
by
the
conservator
until
further
court
order.
Except
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348
as
otherwise
ordered
by
the
court,
a
conservator
must
give
1
notice
to
persons
entitled
to
notice
and
receive
specific
prior
2
authorization
by
the
court
before
the
conservator
may
take
any
3
other
action
on
behalf
of
the
protected
person.
4
4.
Upon
the
filing
of
an
appropriate
oath
by
the
5
conservator,
the
clerk
of
court
shall
issue
letters
of
6
appointment.
A
copy
of
the
initial
order
of
the
court
shall
7
be
attached
to
the
letters
of
appointment.
Upon
approval
of
8
an
initial
financial
management
plan,
approval
of
an
annual
9
report,
or
further
order
of
the
court
granting,
modifying,
10
limiting,
or
terminating
powers
of
the
conservator,
the
clerk
11
of
court
shall
issue
new
letters
of
appointment
which
shall
12
reflect
all
powers
thereafter
held
by
the
conservator.
13
Sec.
30.
Section
633.669,
Code
2021,
is
amended
to
read
as
14
follows:
15
633.669
Reporting
requirements
——
assistance
Reports
by
clerk
16
guardians
.
17
1.
A
guardian
appointed
by
the
court
under
this
chapter
18
shall
file
with
the
court
the
following
written
verified
19
reports
which
shall
not
be
waived
by
the
court:
20
a.
An
initial
care
plan
filed
within
sixty
days
of
21
appointment.
The
information
in
the
initial
care
plan
shall
22
include
but
not
be
limited
to
the
following
information:
23
(1)
The
current
residence
of
the
protected
person
and
the
24
guardian’s
plan
for
the
protected
person’s
living
arrangements.
25
(2)
The
current
sources
of
payment
for
the
protected
26
person’s
living
expenses
and
other
expenses,
and
the
guardian’s
27
plan
for
payment
of
the
protected
person’s
living
expenses
and
28
other
expenses.
29
(3)
The
protected
person’s
health
status
and
health
care
30
needs,
and
the
guardian’s
plan
for
meeting
the
protected
31
person’s
needs
for
medical,
dental,
and
other
health
care
32
needs.
33
(3A)
Whether
the
protected
person
has
a
living
will
or
34
health
care
power
of
attorney.
35
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(4)
If
applicable,
the
protected
person’s
need
for
other
1
professional
services
for
mental,
behavioral,
or
emotional
2
health,
and
the
guardian’s
plan
for
other
professional
services
3
needed
by
the
protected
person.
4
(5)
If
applicable,
the
protected
person’s
employment
5
status,
the
protected
person’s
need
for
educational,
training,
6
or
vocational
services,
and
the
guardian’s
plan
for
meeting
the
7
educational,
training,
and
vocational
needs
of
the
protected
8
person.
9
(6)
If
applicable,
the
guardian’s
plan
for
facilitating
the
10
participation
of
the
protected
person
in
social
activities.
11
(7)
The
guardian’s
plan
for
facilitating
contacts
between
12
the
protected
person
and
the
protected
person’s
family
members
13
and
other
significant
persons
significant
in
the
life
of
the
14
protected
person
.
15
(8)
The
guardian’s
plan
for
contact
with,
and
activities
on
16
behalf
of,
the
protected
person.
17
(9)
The
powers
that
the
guardian
requests
to
carry
out
the
18
initial
care
plan.
19
(10)
The
guardian
shall
file
an
amended
plan
when
there
20
has
been
a
significant
change
in
the
circumstances
or
the
21
guardian
seeks
to
deviate
significantly
from
the
plan.
The
22
guardian
must
obtain
court
approval
of
the
amended
plan
before
23
implementing
any
of
its
provisions.
24
b.
An
annual
report,
filed
within
sixty
days
of
the
close
25
of
the
reporting
period
,
unless
the
court
otherwise
orders
on
26
good
cause
shown
.
The
information
in
the
annual
report
shall
27
include
but
not
be
limited
to
the
following
information:
28
(1)
The
current
living
arrangements
of
the
protected
29
person.
30
(2)
The
sources
of
payment
for
the
protected
person’s
living
31
expenses
and
other
expenses.
32
(3)
A
description,
if
applicable,
of
the
following:
33
(a)
The
protected
person’s
physical
and
mental
health
34
status
and
the
medical,
dental,
and
other
professional
health
35
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services
provided
to
the
protected
person.
1
(b)
If
applicable,
the
protected
person’s
employment
status
2
and
the
educational,
training,
and
vocational
services
provided
3
to
the
protected
person.
4
(0c)
The
guardian’s
facilitation
of
the
participation
of
5
the
protected
person
in
social
activities.
6
(c)
The
contact
of
the
protected
person
with
family
members
7
and
other
significant
persons.
8
(d)
The
nature
and
extent
of
the
guardian’s
visits
with,
and
9
activities
on
behalf
of,
the
protected
person.
10
(04)
The
guardian’s
changes
to
the
care
plan
for
the
11
protected
person
for
the
next
annual
reporting
period.
12
(004)
The
powers
that
the
guardian
requests
to
carry
out
13
the
care
plan
for
the
protected
person
for
the
next
annual
14
reporting
period.
15
(4)
The
guardian’s
recommendation
as
to
the
need
for
16
continuation
of
the
guardianship.
17
(5)
The
ability
of
the
guardian
to
continue
as
guardian.
18
(6)
The
need
of
the
guardian
for
assistance
in
providing
or
19
arranging
for
the
provision
of
the
care
and
protection
of
the
20
protected
person.
21
(7)
Any
other
information
the
guardian
deems
necessary
for
22
the
court
to
consider.
23
c.
A
final
report
within
thirty
days
of
the
termination
24
of
the
guardianship
under
section
633.675
unless
that
time
is
25
extended
by
the
court.
26
2.
The
court
shall
develop
a
simplified
uniform
reporting
27
form
for
use
in
filing
the
required
reports.
28
3.
The
clerk
of
the
court
shall
notify
the
guardian
in
29
writing
of
the
reporting
requirements
and
shall
provide
30
information
and
assistance
to
the
guardian
in
filing
the
31
reports.
32
4.
Reports
of
guardians
shall
be
reviewed
and
approved
by
a
33
district
court
judge
or
referee.
34
5.
The
court,
for
good
cause,
may
extend
the
deadline
for
35
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348
filing
required
reports.
Required
reports
of
a
guardian
which
1
are
not
timely
filed
and
which
are
delinquent,
and
for
which
no
2
extension
for
filing
has
been
granted
by
the
court,
shall
be
3
administered
as
provided
in
section
633.32.
4
6.
The
guardian
shall
provide
a
copy
of
the
reports
required
5
by
this
section
to
the
protected
person,
the
protected
person’s
6
attorney,
if
any,
and
the
court
visitor,
if
any.
7
Sec.
31.
Section
633.670,
Code
2021,
is
amended
to
read
as
8
follows:
9
633.670
Reports
by
conservators.
10
1.
A
conservator
shall
file
an
a
verified
initial
financial
11
management
plan
for
protecting,
managing,
investing,
expending,
12
and
distributing
the
assets
of
the
conservatorship
estate
13
within
ninety
days
after
appointment
which
shall
not
be
waived
14
by
the
court
.
The
plan
must
be
based
on
the
needs
of
the
15
protected
person
and
take
into
account
the
best
interest
of
the
16
protected
person
as
well
as
the
protected
person’s
preference,
17
values,
and
prior
directions
to
the
extent
known
to,
or
18
reasonably
ascertainable
by,
the
conservator.
19
a.
The
initial
plan
shall
include
all
of
the
following:
The
20
initial
financial
management
plan
shall
state
the
protected
21
person’s
age,
residence,
living
arrangements,
and
sources
of
22
payment
for
living
expenses.
23
(1)
A
budget
containing
projected
expenses
and
resources,
24
including
an
estimate
of
the
total
amount
of
fees
the
25
conservator
anticipates
charging
per
year
and
a
statement
or
26
list
of
the
amount
the
conservator
proposes
to
charge
for
each
27
service
the
conservator
anticipates
providing
to
the
protected
28
person.
29
(2)
A
statement
as
to
how
the
conservator
will
involve
30
the
protected
person
in
decisions
about
management
of
the
31
conservatorship
estate.
32
(3)
If
ordered
by
the
court,
any
step
the
conservator
plans
33
to
take
to
develop
or
restore
the
ability
of
the
protected
34
person
to
manage
the
conservatorship
estate.
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(4)
An
estimate
of
the
duration
of
the
conservatorship.
1
b.
If
applicable,
the
protected
person’s
will
shall
be
filed
2
with
the
court
clerk
and
the
protected
person’s
prepaid
burial
3
trust
and
powers
of
attorney
shall
be
described.
4
c.
The
conservator
shall
include
a
proposed
budget
for
the
5
protected
person
and
budget-related
information
for
the
next
6
annual
reporting
period
including
all
of
the
following:
7
(1)
The
protected
person’s
receipts
and
income
and
8
the
projected
sources
of
income
including,
if
applicable,
9
wages,
social
security
income,
pension
and
retirement
plan
10
distribution,
veterans’
benefits,
rental
income,
interest
11
earnings,
and
dividends,
and
the
total
estimated
receipts
and
12
income.
13
(2)
The
protected
person’s
liabilities
and
debts
including,
14
if
applicable,
mortgage,
car
loans,
credit
card
debt,
federal,
15
state,
and
property
taxes
owed
and
the
total
estimated
16
liabilities
and
debts;
a
list
and
concise
explanation
of
17
any
liability
or
debt
owed
by
the
protected
person
to
the
18
conservator;
and
a
list
and
concise
explanation
of
the
19
liability
of
any
other
person
for
a
liability
of
the
protected
20
person.
21
(3)
The
protected
person’s
estimated
expenses
on
a
monthly
22
and
annual
basis
including,
if
applicable,
nursing
home
or
23
facility
charge,
real
property
expenses
for
residence,
food
and
24
household
expenses,
utilities,
household
help
and
caregiver
25
expenses,
health
services
and
health
insurance
expenses,
26
educational
and
vocational
expenses,
personal
auto
and
other
27
transportation
expenses,
clothing
expenses,
personal
allowance
28
and
other
personal
expenses,
liabilities
and
debts,
attorney
29
fees
and
other
professional
expenses,
conservator
fees,
and
30
other
administrative
expenses.
31
d.
The
conservator
shall
include
a
list
of
the
protected
32
person’s
assets
and
the
conservator’s
plan
for
management
33
of
these
assets
including,
if
applicable,
financial
34
accounts
including
checking
and
certificates
of
deposit
and
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cash,
investments
including
stocks,
bonds,
mutual
funds,
1
exchange-traded
funds,
individual
retirement
accounts
and
other
2
investment
accounts,
pension,
profit-sharing,
annuities,
and
3
retirement
funds,
personal
property
including
household
goods
4
and
vehicles,
receivables
including
mortgages
and
liens
payable
5
to
the
protected
person’s
estate
or
trust,
life
insurance,
and
6
other
property.
7
e.
The
conservator
shall
include
a
statement
as
to
how
the
8
conservator
will
involve
the
protected
person
in
decisions
9
about
management
of
the
conservatorship
estate.
10
f.
If
ordered
by
the
court,
the
conservator
shall
include
11
any
action
the
conservator
plans
to
take
to
develop
or
12
restore
the
ability
of
the
protected
person
to
manage
the
13
conservatorship
estate.
14
g.
The
conservator
shall
include
the
authority
that
the
15
conservator
requests
to
carry
out
the
initial
financial
plan
16
including
expenditures
in
accordance
with
the
proposed
budget
17
for
the
protected
person
and
the
plan
for
the
management
of
the
18
assets
of
the
protected
person
for
the
next
annual
reporting
19
period.
20
b.
h.
Within
two
days
after
filing
the
initial
plan,
the
21
The
conservator
shall
give
provide
notice
of
the
filing
of
22
the
initial
plan
with
and
a
copy
of
the
initial
plan
to
the
23
protected
person,
the
protected
person’s
attorney
,
if
any,
and
24
court
visitor,
if
any,
and
others
as
directed
by
the
court.
25
The
notice
must
state
that
any
person
entitled
to
a
copy
of
26
the
plan
must
file
any
objections
to
the
plan
not
later
than
27
fifteen
days
after
it
is
filed
twenty
days
from
the
date
of
28
mailing
notice
of
filing
the
initial
plan
.
29
c.
i.
At
least
twenty
days
after
the
plan
has
been
filed,
30
the
court
shall
review
and
determine
whether
the
plan
should
31
be
approved
or
revised,
after
considering
objections
filed
and
32
whether
the
plan
is
consistent
with
the
conservator’s
powers
33
and
duties.
34
d.
j.
After
approval
by
the
court,
the
conservator
shall
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provide
a
copy
of
the
approved
plan
and
order
approving
the
1
plan
to
the
protected
person,
the
protected
person’s
attorney
,
2
if
any,
and
court
visitor,
if
any,
and
others
as
directed
by
3
the
court.
4
e.
k.
The
conservator
shall
file
an
amended
plan
when
5
there
has
been
a
significant
change
in
circumstances
or
the
6
conservator
seeks
to
deviate
significantly
from
the
plan.
7
Before
the
amended
plan
is
implemented,
the
provisions
for
8
court
approval
of
the
plan
shall
be
followed
as
provided
in
9
paragraphs
“b”
,
“c”
,
and
“d”
the
initial
financial
management
10
plan
.
11
2.
A
conservator
shall
file
attach
an
inventory
of
the
12
protected
person’s
assets
within
ninety
days
after
appointment
13
and
debts
to
the
initial
financial
management
plan,
which
14
includes
an
oath
or
affirmation
that
the
inventory
is
believed
15
to
be
complete
and
accurate
as
far
as
information
permits.
16
Copies
After
approval
by
the
court,
the
conservator
shall
17
provide
copies
of
the
inventory
shall
be
provided
to
the
18
protected
person,
the
protected
person’s
attorney
,
if
any,
19
and
court
visitor,
if
any,
and
others
as
directed
by
the
20
court.
When
the
conservator
receives
additional
property
21
of
the
protected
person,
or
becomes
aware
of
its
existence,
22
a
description
of
the
property
shall
be
included
in
the
23
conservator’s
next
annual
report.
24
2A.
A
conservator
shall
attach
to
the
initial
financial
25
management
plan
an
inventory
of
the
protected
person’s
assets
26
and
debts,
which
includes
an
oath
or
affirmation
that
the
27
inventory
is
believed
to
be
complete
and
accurate
as
far
as
28
information
permits.
The
conservator
shall
provide
copies
of
29
the
inventory
to
the
protected
person,
the
protected
person’s
30
attorney,
if
any,
and
the
court
visitor,
if
any,
and
others
31
as
directed
by
the
court.
Any
objections
to
the
inventory
32
shall
be
filed
in
the
same
manner
and
according
to
the
same
33
schedule
as
objections
to
the
initial
financial
management
34
plan.
The
court
shall
review
the
inventory
and
determine
35
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whether
the
inventory
should
be
approved
at
the
same
time
as
1
the
court
reviews
the
initial
financial
management
plan.
When
2
the
conservator
receives
an
additional
asset
of
the
protected
3
person
or
becomes
aware
of
its
existence,
or
becomes
aware
4
of
additional
debt
of
the
protected
person,
a
description
of
5
the
asset
or
debt
shall
be
included
in
the
conservator’s
next
6
annual
report.
7
3.
A
conservator
shall
file
a
written
and
verified
report
on
8
an
annual
basis
for
the
period
since
the
end
of
the
preceding
9
report
period
.
The
court
which
shall
not
waive
these
reports
10
be
waived
by
the
court
.
11
a.
These
reports
shall
include
all
of
the
following:
The
12
annual
report
shall
state
the
age,
the
residence,
and
the
13
living
arrangements
of
the
protected
person,
and
sources
of
14
payment
for
the
protected
person’s
living
expenses
during
the
15
reporting
period.
16
(1)
Balance
of
funds
on
hand
at
the
beginning
and
end
of
the
17
period.
18
(2)
Disbursements
made.
19
(3)
Changes
in
the
conservator’s
plan.
20
(4)
List
of
assets
as
of
the
end
of
the
period.
21
(5)
Bond
amount
and
surety’s
name.
22
(6)
Residence
and
physical
location
of
the
protected
23
person.
24
(7)
General
physical
and
mental
condition
of
the
protected
25
person.
26
(8)
Other
information
reflecting
the
condition
of
the
27
conservatorship
estate.
28
b.
These
reports
shall
be
filed:
The
conservator
shall
29
submit
with
the
annual
report
an
inventory
of
the
assets
of
the
30
protected
person
as
of
the
last
day
of
the
reporting
period
the
31
total
value
of
assets
at
the
beginning
and
end
of
the
reporting
32
period.
33
(1)
On
an
annual
basis
within
sixty
days
of
the
end
of
the
34
reporting
period
unless
the
court
orders
an
extension
for
good
35
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cause
shown
in
accordance
with
the
rules
of
probate
procedure.
1
c.
The
annual
report
shall
include
an
itemization
of
all
2
income
or
funds
received
and
all
expenditures
made
by
the
3
conservator
on
behalf
of
the
protected
person.
If
any
of
4
the
expenditures
were
made
to
provide
support
for
or
pay
the
5
debts
of
another
person,
the
annual
report
shall
include
an
6
explanation
of
these
expenditures.
If
any
of
the
expenditures
7
were
made
to
pay
any
liability
or
debt
owed
by
the
protected
8
person
to
the
conservator,
the
annual
report
shall
include
an
9
explanation
of
these
expenditures.
If
any
of
the
expenditures
10
were
made
to
pay
any
liability
or
debt
that
is
also
owed
by
11
another
person
or
entity,
the
annual
report
shall
include
an
12
explanation
of
these
expenditures.
13
d.
The
annual
report
shall
include
the
following
budget
and
14
information
related
to
the
budget
for
the
protected
person:
15
(1)
A
description
of
changes,
if
any,
made
in
the
budget
16
approved
by
the
court
for
the
preceding
reporting
period.
17
(2)
A
proposed
budget
and
budget-related
information
for
18
the
next
reporting
period
containing
the
information
set
forth
19
in
subsection
1,
paragraph
“c”
.
20
(3)
A
request
for
approval
of
the
proposed
budget
and
21
authority
to
make
expenditures
in
accordance
with
the
proposed
22
budget.
23
e.
The
annual
report
shall
include
the
following
information
24
related
to
the
management
of
the
assets
of
the
protected
25
person:
26
(1)
A
description
of
changes,
if
any,
in
the
plan
for
27
management
of
the
assets
of
the
protected
person
approved
by
28
the
court
for
the
preceding
reporting
period.
29
(2)
A
proposed
plan
for
management
of
the
assets
of
the
30
protected
person
for
the
next
reporting
period.
31
(3)
A
request
for
approval
of
the
proposed
plan
for
32
management
of
the
assets
of
the
protected
person
and
the
33
authority
to
carry
out
the
plan.
34
f.
The
conservator
shall
include
a
statement
as
to
how
the
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conservator
will
involve
the
protected
person
in
decisions
1
about
management
of
the
conservatorship
estate.
2
g.
The
annual
report
shall
describe,
if
ordered
by
the
3
court,
the
actions
that
have
been
taken
and
that
will
be
taken
4
by
the
conservator
to
develop
or
restore
the
ability
of
the
5
protected
person
to
manage
the
conservatorship’s
assets.
6
h.
The
conservator
may
request
court
approval
of
fees
7
provided
by
an
attorney
on
behalf
of
the
conservatorship
or
the
8
protected
person
during
the
preceding
reporting
period.
9
i.
The
conservator
may
request
court
approval
of
fees
10
provided
the
conservator
on
behalf
of
the
conservatorship
or
11
the
protected
person
during
the
preceding
reporting
period.
12
4.
The
conservator
shall
file
a
verified
final
report
with
13
the
court
as
follows:
14
(2)
a.
Within
thirty
days
following
removal
of
the
15
conservator.
16
(3)
b.
Upon
the
conservator’s
filing
of
a
resignation
and
17
before
the
resignation
is
accepted
by
the
court.
18
(4)
c.
Within
sixty
days
following
the
termination
of
the
19
conservatorship.
20
(5)
d.
At
other
times
as
ordered
by
the
court.
21
c.
5.
Reports
required
by
this
section
The
conservator
22
shall
provide
a
copy
of
the
initial
financial
management
23
plan,
the
inventory
of
the
protected
person’s
assets,
and
the
24
annual
report
shall
be
served
on
to
the
protected
person,
the
25
protected
person’s
attorney
,
if
any,
and
court
visitor,
if
any,
26
and
the
veterans
administration
if
the
protected
person
is
27
receiving
veterans
veterans’
benefits.
28
6.
The
court,
for
good
cause,
may
extend
the
deadline
for
29
filing
required
reports.
Required
reports
of
a
conservator
30
which
are
not
timely
filed
and
which
are
delinquent,
and
for
31
which
no
extension
for
filing
has
been
granted
by
the
court,
32
shall
be
administered
as
provided
in
section
633.32.
33
Sec.
32.
Section
633.675,
subsections
2,
3,
and
4,
Code
34
2021,
are
amended
to
read
as
follows:
35
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2.
The
court
shall
terminate
a
guardianship
for
an
adult
if
1
it
the
court
finds
by
clear
and
convincing
evidence
that
the
2
basis
for
appointing
a
guardian
pursuant
to
section
633.552
has
3
not
been
established.
4
3.
The
court
shall
terminate
a
conservatorship
if
the
court
5
finds
by
clear
and
convincing
evidence
that
the
basis
for
6
appointing
a
conservator
pursuant
to
section
633.553
or
633.554
7
is
not
satisfied.
8
4.
The
standard
of
proof
and
the
burden
of
proof
to
be
9
applied
in
a
termination
proceeding
to
terminate
a
guardianship
10
or
conservatorship
for
an
adult
shall
be
the
same
as
set
forth
11
in
section
633.551,
subsection
2
.
12
DIVISION
III
13
CONFORMING
CHANGES
14
Sec.
33.
Section
633.3,
subsections
9,
17,
22,
and
23,
Code
15
2021,
are
amended
to
read
as
follows:
16
9.
Conservator
——
means
a
person
appointed
by
the
court
17
to
have
the
custody
and
control
of
the
property
of
a
ward
18
protected
person
under
the
provisions
of
this
probate
code.
19
17.
Estate
——
the
real
and
personal
property
of
either
a
20
decedent
or
a
ward
protected
person
,
and
may
also
refer
to
the
21
real
and
personal
property
of
a
trust
described
in
section
22
633.10
.
23
22.
Guardian
——
means
the
person
appointed
by
the
court
to
24
have
the
custody
of
the
person
of
the
ward
protected
person
25
under
the
provisions
of
this
probate
code.
26
23.
Guardian
of
the
property
——
at
the
election
of
the
27
person
appointed
by
the
court
to
have
the
custody
and
care
of
28
the
property
of
a
ward
protected
person
,
the
term
“guardian
of
29
the
property”
may
be
used,
which
term
shall
be
synonymous
with
30
the
term
“conservator”
.
31
Sec.
34.
Section
633.78,
subsection
1,
unnumbered
paragraph
32
1,
Code
2021,
is
amended
to
read
as
follows:
33
A
fiduciary
under
this
chapter
may
present
a
written
request
34
to
any
person
for
the
purpose
of
obtaining
property
owned
by
35
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33
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348
a
decedent
or
by
a
ward
protected
person
of
a
conservatorship
1
for
which
the
fiduciary
has
been
appointed,
or
property
to
2
which
a
decedent
or
ward
protected
person
is
entitled,
or
3
for
information
about
such
property
needed
to
perform
the
4
fiduciary’s
duties.
The
request
must
contain
statements
5
confirming
all
of
the
following:
6
Sec.
35.
Section
633.78,
subsection
1,
paragraph
b,
Code
7
2021,
is
amended
to
read
as
follows:
8
b.
The
request
has
been
signed
by
all
fiduciaries
acting
on
9
behalf
of
the
decedent
or
ward
protected
person
.
10
Sec.
36.
Section
633.78,
subsection
4,
paragraph
a,
Code
11
2021,
is
amended
to
read
as
follows:
12
a.
Damages
sustained
by
the
decedent’s
or
ward’s
protected
13
person’s
estate.
14
Sec.
37.
Section
633.80,
Code
2021,
is
amended
to
read
as
15
follows:
16
633.80
Fiduciary
of
a
fiduciary.
17
A
fiduciary
has
no
authority
to
act
in
a
matter
wherein
the
18
fiduciary’s
decedent
or
ward
protected
person
was
merely
a
19
fiduciary,
except
that
the
fiduciary
shall
file
a
report
and
20
accounting
on
behalf
of
the
decedent
or
ward
protected
person
21
in
said
matter.
22
Sec.
38.
Section
633.93,
Code
2021,
is
amended
to
read
as
23
follows:
24
633.93
Limitation
on
actions
affecting
deeds.
25
No
action
for
recovery
of
any
real
estate
sold
by
any
26
fiduciary
can
be
maintained
by
any
person
claiming
under
the
27
deceased,
the
ward
protected
person
,
or
a
beneficiary,
unless
28
brought
within
five
years
after
the
date
of
the
recording
of
29
the
conveyance.
30
Sec.
39.
Section
633.112,
Code
2021,
is
amended
to
read
as
31
follows:
32
633.112
Discovery
of
property.
33
The
court
may
require
any
person
suspected
of
having
34
possession
of
any
property,
including
records
and
documents,
35
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348
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33
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348
of
the
decedent,
ward
protected
person
,
or
the
estate,
or
of
1
having
had
such
property
under
the
person’s
control,
to
appear
2
and
submit
to
an
examination
under
oath
touching
such
matters,
3
and
if
on
such
examination
it
appears
that
the
person
has
the
4
wrongful
possession
of
any
such
property,
the
court
may
order
5
the
delivery
thereof
to
the
fiduciary.
Such
a
person
shall
be
6
liable
to
the
estate
for
all
damages
caused
by
the
person’s
7
acts.
8
Sec.
40.
Section
633.123,
subsection
1,
paragraph
b,
9
subparagraph
(3),
Code
2021,
is
amended
to
read
as
follows:
10
(3)
The
needs
and
rights
of
the
beneficiaries
or
the
ward
11
protected
person
.
12
Sec.
41.
Section
633.580,
subsections
1
and
4,
Code
2021,
13
are
amended
to
read
as
follows:
14
1.
The
name,
age,
and
last
known
post
office
address
of
the
15
proposed
ward
protected
person
.
16
4.
A
general
description
of
the
property
of
the
proposed
17
ward
protected
person
within
this
state
and
of
the
proposed
18
ward’s
protected
person’s
right
to
receive
property;
also,
the
19
estimated
present
value
of
the
real
estate,
the
estimated
value
20
of
the
personal
property,
and
the
estimated
gross
annual
income
21
of
the
estate.
If
any
money
is
payable,
or
to
become
payable,
22
to
the
proposed
ward
protected
person
by
the
United
States
23
through
the
United
States
department
of
veterans
affairs,
the
24
petition
shall
so
state.
25
Sec.
42.
Section
633.591A,
Code
2021,
is
amended
to
read
as
26
follows:
27
633.591A
Voluntary
petition
for
appointment
of
conservator
28
for
a
minor
——
standby
basis.
29
A
person
having
physical
and
legal
custody
of
a
minor
30
may
execute
a
verified
petition
for
the
appointment
of
a
31
standby
conservator
of
the
proposed
ward’s
protected
person’s
32
property,
upon
the
express
condition
that
the
petition
shall
33
be
acted
upon
by
the
court
only
upon
the
occurrence
of
an
event
34
specified
or
the
existence
of
a
described
condition
of
the
35
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348
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33
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348
mental
or
physical
health
of
the
petitioner,
the
occurrence
1
of
which
event,
or
the
existence
of
which
condition,
shall
be
2
established
in
the
manner
directed
in
the
petition.
3
Sec.
43.
Section
633.603,
Code
2021,
is
amended
to
read
as
4
follows:
5
633.603
Appointment
of
foreign
conservators.
6
When
there
is
no
conservatorship,
nor
any
application
7
therefor
pending,
in
this
state,
the
duly
qualified
foreign
8
conservator
or
guardian
of
a
nonresident
ward
protected
9
person
may,
upon
application,
be
appointed
conservator
of
the
10
property
of
such
person
in
this
state;
provided
that
a
resident
11
conservator
is
appointed
to
serve
with
the
foreign
conservator;
12
and
provided
further,
that
for
good
cause
shown,
the
court
13
may
appoint
the
foreign
conservator
to
act
alone
without
the
14
appointment
of
a
resident
conservator.
15
Sec.
44.
Section
633.604,
Code
2021,
is
amended
to
read
as
16
follows:
17
633.604
Application.
18
The
application
for
appointment
of
a
foreign
conservator
19
or
guardian
as
conservator
in
this
state
shall
include
the
20
name
and
address
of
the
nonresident
ward
protected
person
,
and
21
of
the
nonresident
conservator
or
guardian,
and
the
name
and
22
address
of
the
resident
conservator
to
be
appointed.
It
shall
23
be
accompanied
by
a
certified
copy
of
the
original
letters
24
or
other
authority
conferring
the
power
upon
the
foreign
25
conservator
or
guardian
to
act
as
such.
The
application
26
shall
also
state
the
cause
for
the
appointment
of
the
foreign
27
conservator
to
act
as
sole
conservator,
if
such
be
the
case.
28
Sec.
45.
Section
633.605,
Code
2021,
is
amended
to
read
as
29
follows:
30
633.605
Personal
property.
31
A
foreign
conservator
or
guardian
of
a
nonresident
may
32
be
authorized
by
the
court
of
the
county
wherein
such
ward
33
protected
person
has
personal
property
to
receive
the
same
upon
34
compliance
with
the
provisions
of
sections
633.606
,
633.607
and
35
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348
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24/
33
S.F.
348
633.608
.
1
Sec.
46.
Section
633.607,
Code
2021,
is
amended
to
read
as
2
follows:
3
633.607
Order
for
delivery.
4
Upon
the
filing
of
the
bond
as
above
provided,
and
the
court
5
being
satisfied
with
the
amount
thereof,
it
shall
order
the
6
personal
property
of
the
ward
protected
person
delivered
to
7
such
conservator
or
guardian.
8
Sec.
47.
Section
633.633,
Code
2021,
is
amended
to
read
as
9
follows:
10
633.633
Provisions
applicable
to
all
fiduciaries
shall
11
govern.
12
The
provisions
of
this
probate
code
applicable
to
all
13
fiduciaries
shall
govern
the
appointment,
qualification,
oath
14
and
bond
of
guardians
and
conservators,
except
that
a
guardian
15
shall
not
be
required
to
give
bond
unless
the
court,
for
good
16
cause,
finds
that
the
best
interests
of
the
ward
protected
17
person
require
a
bond.
The
court
shall
then
fix
the
terms
and
18
conditions
of
such
bond.
19
Sec.
48.
Section
633.633B,
Code
2021,
is
amended
to
read
as
20
follows:
21
633.633B
Tort
liability
of
guardians
and
conservators.
22
The
fact
that
a
person
is
a
guardian
or
conservator
shall
not
23
in
itself
make
the
person
personally
liable
for
damages
for
the
24
acts
of
the
ward
protected
person
.
25
Sec.
49.
Section
633.636,
Code
2021,
is
amended
to
read
as
26
follows:
27
633.636
Effect
of
appointment
of
guardian
or
conservator.
28
The
appointment
of
a
guardian
or
conservator
shall
not
29
constitute
an
adjudication
that
the
ward
protected
person
is
of
30
unsound
mind.
31
Sec.
50.
Section
633.637,
Code
2021,
is
amended
to
read
as
32
follows:
33
633.637
Powers
of
ward
protected
person
.
34
1.
A
ward
protected
person
for
whom
a
conservator
has
been
35
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348
appointed
shall
not
have
the
power
to
convey,
encumber,
or
1
dispose
of
property
in
any
manner,
other
than
by
will
if
the
2
ward
protected
person
possesses
the
requisite
testamentary
3
capacity,
unless
the
court
determines
that
the
ward
protected
4
person
has
a
limited
ability
to
handle
the
ward’s
protected
5
person’s
own
funds.
If
the
court
makes
such
a
finding,
the
6
court
shall
specify
to
what
extent
the
ward
protected
person
7
may
possess
and
use
the
ward’s
protected
person’s
own
funds.
8
2.
Any
modification
of
the
powers
of
the
ward
protected
9
person
that
would
be
more
restrictive
of
the
ward’s
protected
10
person’s
control
over
the
ward’s
protected
person’s
financial
11
affairs
shall
be
based
upon
clear
and
convincing
evidence
12
and
the
burden
of
persuasion
is
on
the
conservator.
Any
13
modification
that
would
be
less
restrictive
of
the
ward’s
14
protected
person’s
control
over
the
ward’s
protected
person’s
15
financial
affairs
shall
be
based
upon
proof
in
accordance
with
16
the
requirements
of
section
633.675
.
17
Sec.
51.
Section
633.637A,
Code
2021,
is
amended
to
read
as
18
follows:
19
633.637A
Rights
of
ward
protected
person
under
guardianship.
20
An
adult
ward
protected
person
under
a
guardianship
has
the
21
right
of
communication,
visitation,
or
interaction
with
other
22
persons
upon
the
consent
of
the
adult
ward
protected
person
,
23
subject
to
section
633.635,
subsection
2
,
paragraph
“i”
,
and
24
section
633.635,
subsection
3
,
paragraph
“c”
.
If
an
adult
ward
25
protected
person
is
unable
to
give
express
consent
to
such
26
communication,
visitation,
or
interaction
with
a
person
due
27
to
a
physical
or
mental
condition,
consent
of
an
adult
ward
28
protected
person
may
be
presumed
by
a
guardian
or
a
court
based
29
on
an
adult
ward’s
protected
person’s
prior
relationship
with
30
such
person.
31
Sec.
52.
Section
633.638,
Code
2021,
is
amended
to
read
as
32
follows:
33
633.638
Presumption
of
fraud.
34
If
a
conservator
be
appointed,
all
contracts,
transfers
and
35
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348
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348
gifts
made
by
the
ward
protected
person
after
the
filing
of
the
1
petition
shall
be
presumed
to
be
a
fraud
against
the
rights
2
and
interest
of
the
ward
protected
person
except
as
otherwise
3
directed
by
the
court
pursuant
to
section
633.637
.
4
Sec.
53.
Section
633.639,
Code
2021,
is
amended
to
read
as
5
follows:
6
633.639
Title
to
ward’s
protected
person’s
property.
7
The
title
to
all
property
of
the
ward
protected
person
is
8
in
the
ward
protected
person
and
not
the
conservator
subject,
9
however,
to
the
possession
of
the
conservator
and
to
the
10
control
of
the
court
for
the
purposes
of
administration,
11
sale
or
other
disposition,
under
the
provisions
of
the
12
law.
Any
real
property
titled
at
any
time
in
the
name
of
a
13
conservatorship
shall
be
deemed
to
be
titled
in
the
ward’s
14
protected
person’s
name
subject
to
the
conservator’s
right
of
15
possession.
16
Sec.
54.
Section
633.640,
Code
2021,
is
amended
to
read
as
17
follows:
18
633.640
Conservator’s
right
to
possession.
19
Every
conservator
shall
have
a
right
to,
and
shall
take,
20
possession
of
all
of
the
real
and
personal
property
of
the
21
ward
protected
person
.
The
conservator
shall
pay
the
taxes
22
and
collect
the
income
therefrom
until
the
conservatorship
is
23
terminated.
The
conservator
may
maintain
an
action
for
the
24
possession
of
the
property,
and
to
determine
the
title
to
the
25
same.
26
Sec.
55.
Section
633.643,
Code
2021,
is
amended
to
read
as
27
follows:
28
633.643
Disposal
of
will
by
conservator.
29
When
an
instrument
purporting
to
be
the
will
of
the
ward
30
protected
person
comes
into
the
hands
of
a
conservator,
the
31
conservator
shall
immediately
deliver
it
to
the
court.
32
Sec.
56.
Section
633.644,
Code
2021,
is
amended
to
read
as
33
follows:
34
633.644
Court
order
to
preserve
testamentary
intent
of
ward
35
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348
(2)
89
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27/
33
S.F.
348
protected
person
.
1
Upon
receiving
an
instrument
purporting
to
be
the
will
of
a
2
living
ward
protected
person
under
the
provisions
of
section
3
633.643
,
the
court
may
open
said
will
and
read
it.
The
court
4
with
or
without
notice,
as
it
may
determine,
may
enter
such
5
orders
in
the
conservatorship
as
it
deems
advisable
for
the
6
proper
administration
of
the
conservatorship
in
light
of
the
7
expressed
testamentary
intent
of
the
ward
protected
person
.
8
Sec.
57.
Section
633.645,
Code
2021,
is
amended
to
read
as
9
follows:
10
633.645
Court
to
deliver
will
to
clerk.
11
An
instrument
purporting
to
be
the
will
of
a
ward
protected
12
person
coming
into
the
hands
of
the
court
under
the
provisions
13
of
section
633.643
,
shall
thereafter
be
resealed
by
the
court
14
and
be
deposited
with
the
clerk
to
be
held
by
said
clerk
as
15
provided
in
sections
633.286
through
633.289
.
16
Sec.
58.
Section
633.653A,
Code
2021,
is
amended
to
read
as
17
follows:
18
633.653A
Claims
for
cost
of
medical
care
or
services.
19
The
provision
of
medical
care
or
services
to
a
ward
protected
20
person
who
is
a
recipient
of
medical
assistance
under
chapter
21
249A
creates
a
claim
against
the
conservatorship
for
the
amount
22
owed
to
the
provider
under
the
medical
assistance
program
for
23
the
care
or
services.
The
amount
of
the
claim,
after
being
24
allowed
or
established
as
provided
in
this
part,
shall
be
paid
25
by
the
conservator
from
the
assets
of
the
conservatorship.
26
Sec.
59.
Section
633.654,
Code
2021,
is
amended
to
read
as
27
follows:
28
633.654
Form
and
verification
of
claims
——
general
29
requirements.
30
No
claim
shall
be
allowed
against
the
estate
of
a
ward
31
protected
person
upon
application
of
the
claimant
unless
32
it
shall
be
in
writing,
filed
in
duplicate
with
the
clerk,
33
stating
the
claimant’s
name
and
address,
and
describing
the
34
nature
and
the
amount
thereof,
if
ascertainable.
It
shall
be
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accompanied
by
the
affidavit
of
the
claimant,
or
of
someone
for
1
the
claimant,
that
the
amount
is
justly
due,
or
if
not
due,
2
when
it
will
or
may
become
due,
that
no
payments
have
been
3
made
thereon
which
are
not
credited,
and
that
there
are
no
4
offsets
to
the
same,
to
the
knowledge
of
the
affiant,
except
as
5
therein
stated.
The
duplicate
of
said
claim
shall
be
mailed
6
by
the
clerk
to
the
conservator
or
the
conservator’s
attorney
7
of
record;
however,
valid
contract
claims
arising
in
the
8
ordinary
course
of
the
conduct
of
the
business
or
affairs
of
9
the
ward
protected
person
by
the
conservator
may
be
paid
by
the
10
conservator
without
requiring
affidavit
or
filing.
11
Sec.
60.
Section
633.656,
Code
2021,
is
amended
to
read
as
12
follows:
13
633.656
How
claim
entitled.
14
All
claims
filed
against
the
estate
of
the
ward
protected
15
person
shall
be
entitled
in
the
name
of
the
claimant
against
16
the
conservator
as
such,
naming
the
conservator,
and
in
all
17
further
proceedings
thereon,
this
title
shall
be
preserved.
18
Sec.
61.
Section
633.660,
Code
2021,
is
amended
to
read
as
19
follows:
20
633.660
Execution
and
levy
prohibited.
21
No
execution
shall
issue
upon,
nor
shall
any
levy
be
made
22
against,
any
property
of
the
estate
of
a
ward
protected
person
23
under
any
judgment
against
the
ward
protected
person
or
a
24
conservator,
but
the
provisions
of
this
section
shall
not
be
so
25
construed
as
to
prevent
the
enforcement
of
a
mortgage,
pledge,
26
or
other
lien
upon
property
in
an
appropriate
proceeding.
27
Sec.
62.
Section
633.661,
Code
2021,
is
amended
to
read
as
28
follows:
29
633.661
Claims
of
conservators.
30
If
the
conservator
is
a
creditor
of
the
ward,
the
conservator
31
shall
file
the
claim
as
other
creditors,
and
the
court
shall
32
appoint
some
competent
person
as
temporary
conservator
to
33
represent
the
ward
protected
person
at
the
hearing
on
the
34
conservator’s
claim.
The
same
procedure
shall
be
followed
in
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the
case
of
coconservators
where
all
such
conservators
are
1
creditors
of
the
ward
protected
person
;
but
if
one
of
the
2
coconservators
is
not
a
creditor
of
the
ward
protected
person
,
3
such
disinterested
conservator
shall
represent
the
ward
at
the
4
hearing
on
any
claim
against
the
ward
protected
person
by
a
5
coconservator.
6
Sec.
63.
Section
633.662,
Code
2021,
is
amended
to
read
as
7
follows:
8
633.662
Claims
not
filed.
9
The
conservator
may
pay
any
valid
claim
against
the
estate
of
10
the
ward
protected
person
even
though
such
claim
has
not
been
11
filed,
but
all
such
payments
made
by
the
conservator
shall
be
12
at
the
conservator’s
own
peril.
13
Sec.
64.
Section
633.664,
Code
2021,
is
amended
to
read
as
14
follows:
15
633.664
Liens
not
affected
by
failure
to
file
claim.
16
Nothing
in
sections
633.654
and
633.658
shall
affect
or
17
prevent
an
action
or
proceeding
to
enforce
any
mortgage,
18
pledge,
or
other
lien
upon
the
property
of
the
ward
protected
19
person
.
20
Sec.
65.
Section
633.665,
Code
2021,
is
amended
to
read
as
21
follows:
22
633.665
Separate
actions
and
claims.
23
1.
Any
action
pending
against
the
ward
protected
person
at
24
the
time
the
conservator
is
appointed
shall
also
be
considered
25
a
claim
filed
in
the
conservatorship
if
notice
of
substitution
26
is
served
on
the
conservator
as
defendant
and
a
duplicate
of
27
the
proof
of
service
of
notice
of
such
proceeding
is
filed
in
28
the
conservatorship
proceeding.
29
2.
A
separate
action
based
on
a
debt
or
other
liability
30
of
the
ward
protected
person
may
be
commenced
against
the
31
conservator
in
lieu
of
filing
a
claim
in
the
conservatorship.
32
Such
an
action
shall
be
commenced
by
serving
an
original
notice
33
on
the
conservator
and
filing
a
duplicate
of
the
proof
of
34
service
of
notice
of
such
proceeding
in
the
conservatorship
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proceeding.
Such
an
action
shall
also
be
considered
a
claim
1
filed
in
the
conservatorship.
Such
an
action
may
be
commenced
2
only
in
a
county
where
the
venue
would
have
been
proper
if
3
there
were
no
conservatorship
and
the
action
had
been
commenced
4
against
the
ward
protected
person
.
5
Sec.
66.
Section
633.667,
Code
2021,
is
amended
to
read
as
6
follows:
7
633.667
Payment
of
claims
in
insolvent
conservatorships.
8
When
it
appears
that
the
assets
in
a
conservatorship
are
9
insufficient
to
pay
in
full
all
the
claims
against
such
10
conservatorship,
the
conservator
shall
report
such
matter
to
11
the
court,
and
the
court
shall,
upon
hearing,
with
notice
to
12
all
persons
who
have
filed
claims
in
the
conservatorship,
make
13
an
order
for
the
pro
rata
payment
of
claims
giving
claimants
14
the
same
priority,
if
any,
as
they
would
have
if
the
ward
15
protected
person
were
not
under
conservatorship.
16
Sec.
67.
Section
633.668,
Code
2021,
is
amended
to
read
as
17
follows:
18
633.668
Conservator
may
make
gifts.
19
For
good
cause
shown
and
under
order
of
court,
a
conservator
20
may
make
gifts
on
behalf
of
the
ward
protected
person
out
of
21
the
assets
under
a
conservatorship
to
persons
or
religious,
22
educational,
scientific,
charitable,
or
other
nonprofit
23
organizations
to
whom
or
to
which
such
gifts
were
regularly
24
made
prior
to
the
commencement
of
the
conservatorship,
or
on
25
a
showing
to
the
court
that
such
gifts
would
benefit
the
ward
26
protected
person
or
the
ward’s
protected
person’s
estate
from
27
the
standpoint
of
income,
gift,
estate
or
inheritance
taxes.
28
The
making
of
gifts
out
of
the
assets
must
not
foreseeably
29
impair
the
ability
to
provide
adequately
for
the
best
interests
30
of
the
ward
protected
person
.
31
Sec.
68.
Section
633.673,
Code
2021,
is
amended
to
read
as
32
follows:
33
633.673
Court
costs
in
guardianships.
34
The
ward
protected
person
or
the
ward’s
protected
person’s
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estate
shall
be
charged
with
the
court
costs
of
a
ward’s
1
guardianship,
including
the
guardian’s
fees
and
the
fees
of
the
2
attorney
for
the
guardian.
The
court
may,
upon
application,
3
enter
an
order
waiving
payment
of
the
court
costs
in
indigent
4
cases.
However,
if
the
ward
protected
person
or
ward’s
5
protected
person’s
estate
becomes
financially
capable
of
paying
6
any
waived
costs,
the
costs
shall
be
paid
immediately.
7
Sec.
69.
Section
633.676,
Code
2021,
is
amended
to
read
as
8
follows:
9
633.676
Assets
exhausted.
10
At
any
time
that
the
assets
of
the
ward’s
protected
person’s
11
estate
do
not
exceed
the
amount
of
the
charges
and
claims
12
against
it,
the
court
may
direct
the
conservator
to
proceed
to
13
terminate
the
conservatorship.
14
Sec.
70.
Section
633.677,
Code
2021,
is
amended
to
read
as
15
follows:
16
633.677
Accounting
to
ward
protected
person
——
notice.
17
Upon
the
termination
of
a
conservatorship,
the
conservator
18
shall
pay
the
costs
of
administration
and
shall
render
a
full
19
and
complete
accounting
to
the
ward
protected
person
or
the
20
ward’s
protected
person’s
personal
representative
and
to
the
21
court.
Notice
of
the
final
report
of
a
conservator
shall
be
22
served
on
the
ward
protected
person
or
the
ward’s
protected
23
person’s
personal
representative,
in
accordance
with
section
24
633.40
,
unless
notice
is
waived.
An
order
prescribing
notice
25
may
be
made
before
or
after
the
filing
of
the
final
report.
26
Sec.
71.
Section
633.681,
Code
2021,
is
amended
to
read
as
27
follows:
28
633.681
Assets
of
minor
ward
protected
person
exhausted.
29
When
the
assets
of
a
minor
ward’s
protected
person’s
30
conservatorship
are
exhausted
or
consist
of
personal
property
31
only
of
an
aggregate
value
not
in
excess
of
twenty-five
32
thousand
dollars,
the
court,
upon
application
or
upon
its
33
own
motion,
may
terminate
the
conservatorship.
The
order
34
for
termination
shall
direct
the
conservator
to
deliver
any
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property
remaining
after
the
payment
of
allowed
claims
and
1
expenses
of
administration
to
a
custodian
under
any
uniform
2
transfers
to
minors
Act.
Such
delivery
shall
have
the
same
3
force
and
effect
as
if
delivery
had
been
made
to
the
ward
4
protected
person
after
attaining
majority.
5
Sec.
72.
Section
633.682,
Code
2021,
is
amended
to
read
as
6
follows:
7
633.682
Discharge
of
conservator
and
release
of
bond.
8
Upon
settlement
of
the
final
accounting
of
a
conservator,
9
and
upon
determining
that
the
property
of
the
ward
protected
10
person
has
been
delivered
to
the
person
or
persons
lawfully
11
entitled
thereto,
the
court
shall
discharge
the
conservator
and
12
exonerate
the
surety
on
the
conservator’s
bond.
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