Bill Text: IA SSB1035 | 2021-2022 | 89th General Assembly | Introduced

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

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-01-13 - Subcommittee: Dawson, Bisignano, and Whiting. [SSB1035 Detail]

Download: Iowa-2021-SSB1035-Introduced.html

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Senate Study Bill 1035 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON ZAUN)
A BILL FOR
An Act relating to the creation, administration, and
termination of minor and adult guardianships and
conservatorships.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MINOR GUARDIANSHIPS
Section 1. Section 232D.301, subsection 2, paragraph d,
subparagraph (3), Code 2021, is amended to read as follows:
(3) Any adult who has had the primary care of the minor or
with whom the minor has lived for at least any time during the
six months prior to immediately preceding the filing of the
petition.
Sec. 2. Section 232D.301, subsection 4, Code 2021, is
amended to read as follows:
4. The petition shall state whether a limited guardianship
is appropriate , and whether a conservatorship for the minor
already exists .
Sec. 3. Section 232D.302, subsection 2, Code 2021, is
amended to read as follows:
2. Notice shall be served upon the minor’s known parents
listed in the petition in accordance with the rules of civil
procedure. If the parent has not filed a consent to the
appointment of a guardian, the notice shall inform any parent
named in the petition that the parent may be entitled to an
attorney under the conditions described in section 232D.304.
Sec. 4. Section 232D.305, subsection 1, Code 2021, is
amended to read as follows:
1. The court may appoint a court visitor for the minor. A
person is qualified to serve as a court visitor if the person
has demonstrated sufficient knowledge of guardianships to
adequately perform the duties in subsection 3.
Sec. 5. Section 232D.305, subsection 3, paragraph b, Code
2021, is amended to read as follows:
b. Explaining Providing to the minor, if the minor’s age
is appropriate, the substance of the petition, the purpose and
effect of the guardianship proceeding, information regarding
the rights of the minor at the hearing, and the general powers
and duties of a guardian.
Sec. 6. Section 232D.305, Code 2021, is amended by adding
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the following new subsection:
NEW SUBSECTION . 6. The court may order a court visitor to
continue to serve if the court determines continued service
would be in the best interest of the minor. If the court
continues the service of the court visitor, the court may limit
the direct duties of the court visitor as the court deems
necessary, in which case the court visitor shall thereafter
continue to serve until discharged by the court. In the
event the court does not order the court visitor to continue,
the order appointing the guardian shall discharge the court
visitor.
Sec. 7. Section 232D.307, subsections 1 and 2, Code 2021,
are amended to read as follows:
1. The court shall request criminal record checks and checks
of the child abuse, dependent adult abuse, and sex offender
registries in this state for all proposed guardians other than
financial institutions with Iowa trust powers unless a proposed
guardian has undergone the required background checks in this
section within the twelve six months prior to the filing of a
petition and the background checks have been provided to the
court .
2. The court shall review the results of background checks
in determining the suitability of a proposed guardian for
appointment , and may, for good cause, share the results of the
background check with the proposed guardian .
Sec. 8. Section 232D.401, subsections 1 and 3, Code 2021,
are amended to read as follows:
1. The order by the court appointing a guardian for a minor
shall state the basis for the order and the date on which the
first reporting period for the guardianship will end .
3. An order by the court appointing a guardian for a minor
shall state the powers granted to the guardian. Except as
otherwise limited by court order, the court may grant the
guardian the following powers, which may be exercised without
prior further court approval:
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a. Taking custody of the minor and establishing the minor’s
permanent residence if otherwise consistent with the terms of
any order of competent jurisdiction relating to the custody,
placement, detention, or commitment of the minor within the
state.
b. Consenting to medical, dental, and other health care
treatment and services for the minor.
c. Providing or arranging for the provision of education
for the minor including but not limited to preschool education,
primary education and secondary education, special education
and related services, and vocational services.
d. Consenting to professional services for the minor to
ensure the safety and welfare of the minor.
e. Applying for and receiving funds and benefits payable
for the support of the minor if the minor does not have a
conservator . If the minor has a conservator, the guardian
shall notify the conservator at least ten days before applying
for funds or benefits for the support of the minor.
f. Any other powers the court may specify.
Sec. 9. Section 232D.501, subsection 1, paragraph a, Code
2021, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for
applying for and receiving funds and benefits payable for the
support of the minor.
Sec. 10. Section 232D.501, subsection 1, paragraph b, Code
2021, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (11) The results of the guardian’s
efforts to apply for funds or benefits for the minor, and
an accounting for the use of such funds or benefits by the
guardian.
Sec. 11. Section 232D.503, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION . 6. If the court orders termination of a
guardianship established under this chapter and the guardian
has custody of the minor’s assets, the court shall order
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delivery of the minor’s assets to the minor or a fiduciary
acting under one or more of the following accounts:
a. A uniform transfer to minors Act account established for
the minor pursuant to chapter 565B or other state law.
b. An educational savings plan trust account established for
the minor pursuant to section 529 of the Internal Revenue Code
or chapter 12D.
c. An ABLE savings plan trust account established for the
minor pursuant to section 529A of the Internal Revenue Code or
chapter 12I.
DIVISION II
ADULT GUARDIANSHIPS AND CONSERVATORSHIPS
Sec. 12. Section 633.556, subsection 5, paragraph a, Code
2021, is amended to read as follows:
a. The name and address of the proposed guardian or
conservator and the reason the proposed guardian or conservator
should be selected.
Sec. 13. Section 633.556, subsection 8, Code 2021, is
amended to read as follows:
8. The A petition for conservator shall provide a brief
description of the respondent’s alleged functional limitations
that make the respondent unable to communicate or carry out
important decisions concerning the respondent’s financial
affairs. A petition for guardian shall provide a brief
description of the respondent’s alleged functional limitations
that make the respondent unable to provide for the respondent’s
safety, or to provide for necessities.
Sec. 14. Section 633.562, subsections 1 and 3, Code 2021,
are amended to read as follows:
1. If the court determines that the appointment of a court
visitor would be in the best interest of the respondent,
the court shall appoint a court visitor at the expense
of the respondent or the respondent’s estate, or, if the
respondent is indigent, the cost of the court visitor shall
be assessed against the county in which the proceedings are
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pending. The court may appoint any qualified person as a court
visitor in a guardianship or conservatorship proceeding. A
person is qualified to serve in this capacity if the person
has demonstrated sufficient knowledge of guardianships or
conservatorships to adequately perform the duties in subsection
3.
3. Unless otherwise enlarged or circumscribed by the court,
the duties of a court visitor with respect to the respondent
shall include all of the following:
a. Conducting an initial in-person interview with the
respondent.
b. Explaining to the respondent the substance of the
petition , and the purpose and effect of the guardianship or
conservatorship proceeding , the rights of the respondent at
the hearing, and the general powers and duties of a guardian
or conservator .
c. Determining , to the extent possible, the views of the
respondent regarding the proposed guardian or conservator,
the proposed guardian’s or conservator’s powers and duties,
and the scope and duration of the proposed guardianship or
conservatorship.
Sec. 15. Section 633.562, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION . 7. A court visitor shall be discharged
from all further duties upon appointment of a guardian or
conservator, unless otherwise ordered by the court. The court
may order a court visitor to continue to serve if the court
determines continued service would be in the best interest of
the protected person. If the court continues the service of
the court visitor, the court may limit the direct duties of
the court visitor as the court deems necessary, in which case
the court visitor shall thereafter continue to serve until
discharged by the court.
Sec. 16. Section 633.641, subsection 3, Code 2021, is
amended to read as follows:
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3. If a protected person has executed a valid power of
attorney under chapter 633B , the conservator shall act in
accordance with the applicable power of attorney provisions
of chapter 633B and the valid power of attorney controls the
conservator’s powers and duties .
Sec. 17. Section 633.669, subsection 1, Code 2021, is
amended by adding the following new paragraph:
NEW PARAGRAPH . 0b. The guardian shall file an amended plan
when there has been a substantial change in circumstances or
the guardian seeks to deviate significantly from the plan.
The guardian must obtain approval of the amended plan before
implementing any of its provisions.
Sec. 18. Section 633.670, subsection 1, paragraph b, Code
2021, is amended to read as follows:
b. Within two days after filing the initial plan, the The
conservator shall give notice of the filing of the initial plan
with a copy of the plan to the protected person, the protected
person’s attorney and court visitor, if any, and others as
directed by the court. The notice must state that any person
entitled to a copy of the plan must file any objections to the
plan not later than fifteen twenty days after it is filed.
Sec. 19. Section 633.675, subsections 2 and 3, Code 2021,
are amended to read as follows:
2. The court shall terminate a guardianship if it finds by
clear and convincing evidence that the basis for appointing a
guardian pursuant to section 633.552 has not been established.
3. The court shall terminate a conservatorship if the court
finds by clear and convincing evidence that the basis for
appointing a conservator pursuant to section 633.553 or 633.554
is not satisfied.
Sec. 20. REPEAL. Section 633.71, Code 2021, is repealed.
DIVISION III
CONFORMING CHANGES
Sec. 21. Section 633.3, subsections 9, 17, 22, and 23, Code
2021, are amended to read as follows:
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9. Conservator —— means a person appointed by the court
to have the custody and control of the property of a ward
protected person under the provisions of this probate code.
17. Estate —— the real and personal property of either a
decedent or a ward protected person , and may also refer to the
real and personal property of a trust described in section
633.10 .
22. Guardian —— means the person appointed by the court to
have the custody of the person of the ward protected person
under the provisions of this probate code.
23. Guardian of the property —— at the election of the
person appointed by the court to have the custody and care of
the property of a ward protected person , the term “guardian of
the property” may be used, which term shall be synonymous with
the term “conservator” .
Sec. 22. Section 633.78, subsection 1, unnumbered paragraph
1, Code 2021, is amended to read as follows:
A fiduciary under this chapter may present a written request
to any person for the purpose of obtaining property owned by
a decedent or by a ward protected person of a conservatorship
for which the fiduciary has been appointed, or property to
which a decedent or ward protected person is entitled, or
for information about such property needed to perform the
fiduciary’s duties. The request must contain statements
confirming all of the following:
Sec. 23. Section 633.78, subsection 1, paragraph b, Code
2021, is amended to read as follows:
b. The request has been signed by all fiduciaries acting on
behalf of the decedent or ward protected person .
Sec. 24. Section 633.78, subsection 4, paragraph a, Code
2021, is amended to read as follows:
a. Damages sustained by the decedent’s or ward’s protected
person’s estate.
Sec. 25. Section 633.80, Code 2021, is amended to read as
follows:
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633.80 Fiduciary of a fiduciary.
A fiduciary has no authority to act in a matter wherein the
fiduciary’s decedent or ward protected person was merely a
fiduciary, except that the fiduciary shall file a report and
accounting on behalf of the decedent or ward protected person
in said matter.
Sec. 26. Section 633.93, Code 2021, is amended to read as
follows:
633.93 Limitation on actions affecting deeds.
No action for recovery of any real estate sold by any
fiduciary can be maintained by any person claiming under the
deceased, the ward protected person , or a beneficiary, unless
brought within five years after the date of the recording of
the conveyance.
Sec. 27. Section 633.112, Code 2021, is amended to read as
follows:
633.112 Discovery of property.
The court may require any person suspected of having
possession of any property, including records and documents,
of the decedent, ward protected person , or the estate, or of
having had such property under the person’s control, to appear
and submit to an examination under oath touching such matters,
and if on such examination it appears that the person has the
wrongful possession of any such property, the court may order
the delivery thereof to the fiduciary. Such a person shall be
liable to the estate for all damages caused by the person’s
acts.
Sec. 28. Section 633.123, subsection 1, paragraph b,
subparagraph (3), Code 2021, is amended to read as follows:
(3) The needs and rights of the beneficiaries or the ward
protected person .
Sec. 29. Section 633.580, subsections 1 and 4, Code 2021,
are amended to read as follows:
1. The name, age, and last known post office address of the
proposed ward protected person .
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4. A general description of the property of the proposed
ward protected person within this state and of the proposed
ward’s protected person’s right to receive property; also, the
estimated present value of the real estate, the estimated value
of the personal property, and the estimated gross annual income
of the estate. If any money is payable, or to become payable,
to the proposed ward protected person by the United States
through the United States department of veterans affairs, the
petition shall so state.
Sec. 30. Section 633.591A, Code 2021, is amended to read as
follows:
633.591A Voluntary petition for appointment of conservator
for a minor —— standby basis.
A person having physical and legal custody of a minor
may execute a verified petition for the appointment of a
standby conservator of the proposed ward’s protected person’s
property, upon the express condition that the petition shall
be acted upon by the court only upon the occurrence of an event
specified or the existence of a described condition of the
mental or physical health of the petitioner, the occurrence
of which event, or the existence of which condition, shall be
established in the manner directed in the petition.
Sec. 31. Section 633.603, Code 2021, is amended to read as
follows:
633.603 Appointment of foreign conservators.
When there is no conservatorship, nor any application
therefor pending, in this state, the duly qualified foreign
conservator or guardian of a nonresident ward protected
person may, upon application, be appointed conservator of the
property of such person in this state; provided that a resident
conservator is appointed to serve with the foreign conservator;
and provided further, that for good cause shown, the court
may appoint the foreign conservator to act alone without the
appointment of a resident conservator.
Sec. 32. Section 633.604, Code 2021, is amended to read as
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follows:
633.604 Application.
The application for appointment of a foreign conservator
or guardian as conservator in this state shall include the
name and address of the nonresident ward protected person , and
of the nonresident conservator or guardian, and the name and
address of the resident conservator to be appointed. It shall
be accompanied by a certified copy of the original letters
or other authority conferring the power upon the foreign
conservator or guardian to act as such. The application
shall also state the cause for the appointment of the foreign
conservator to act as sole conservator, if such be the case.
Sec. 33. Section 633.605, Code 2021, is amended to read as
follows:
633.605 Personal property.
A foreign conservator or guardian of a nonresident may
be authorized by the court of the county wherein such ward
protected person has personal property to receive the same upon
compliance with the provisions of sections 633.606 , 633.607 and
633.608 .
Sec. 34. Section 633.607, Code 2021, is amended to read as
follows:
633.607 Order for delivery.
Upon the filing of the bond as above provided, and the court
being satisfied with the amount thereof, it shall order the
personal property of the ward protected person delivered to
such conservator or guardian.
Sec. 35. Section 633.633, Code 2021, is amended to read as
follows:
633.633 Provisions applicable to all fiduciaries shall
govern.
The provisions of this probate code applicable to all
fiduciaries shall govern the appointment, qualification, oath
and bond of guardians and conservators, except that a guardian
shall not be required to give bond unless the court, for good
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cause, finds that the best interests of the ward protected
person require a bond. The court shall then fix the terms and
conditions of such bond.
Sec. 36. Section 633.633B, Code 2021, is amended to read as
follows:
633.633B Tort liability of guardians and conservators.
The fact that a person is a guardian or conservator shall not
in itself make the person personally liable for damages for the
acts of the ward protected person .
Sec. 37. Section 633.636, Code 2021, is amended to read as
follows:
633.636 Effect of appointment of guardian or conservator.
The appointment of a guardian or conservator shall not
constitute an adjudication that the ward protected person is of
unsound mind.
Sec. 38. Section 633.637, Code 2021, is amended to read as
follows:
633.637 Powers of ward protected person .
1. A ward protected person for whom a conservator has been
appointed shall not have the power to convey, encumber, or
dispose of property in any manner, other than by will if the
ward protected person possesses the requisite testamentary
capacity, unless the court determines that the ward protected
person has a limited ability to handle the ward’s protected
person’s own funds. If the court makes such a finding, the
court shall specify to what extent the ward protected person
may possess and use the ward’s protected person’s own funds.
2. Any modification of the powers of the ward protected
person that would be more restrictive of the ward’s protected
person’s control over the ward’s protected person’s financial
affairs shall be based upon clear and convincing evidence
and the burden of persuasion is on the conservator. Any
modification that would be less restrictive of the ward’s
protected person’s control over the ward’s protected person
financial affairs shall be based upon proof in accordance with
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the requirements of section 633.675 .
Sec. 39. Section 633.637A, Code 2021, is amended to read as
follows:
633.637A Rights of ward protected person under guardianship.
An adult ward protected person under a guardianship has the
right of communication, visitation, or interaction with other
persons upon the consent of the adult ward protected person ,
subject to section 633.635, subsection 2 , paragraph “i” , and
section 633.635, subsection 3 , paragraph “c” . If an adult ward
protected person is unable to give express consent to such
communication, visitation, or interaction with a person due
to a physical or mental condition, consent of an adult ward
protected person may be presumed by a guardian or a court based
on an adult ward’s protected person’s prior relationship with
such person.
Sec. 40. Section 633.638, Code 2021, is amended to read as
follows:
633.638 Presumption of fraud.
If a conservator be appointed, all contracts, transfers and
gifts made by the ward protected person after the filing of the
petition shall be presumed to be a fraud against the rights
and interest of the ward protected person except as otherwise
directed by the court pursuant to section 633.637 .
Sec. 41. Section 633.639, Code 2021, is amended to read as
follows:
633.639 Title to ward’s protected person’s property.
The title to all property of the ward protected person is
in the ward protected person and not the conservator subject,
however, to the possession of the conservator and to the
control of the court for the purposes of administration,
sale or other disposition, under the provisions of the
law. Any real property titled at any time in the name of a
conservatorship shall be deemed to be titled in the ward’s
protected person’s name subject to the conservator’s right of
possession.
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Sec. 42. Section 633.640, Code 2021, is amended to read as
follows:
633.640 Conservator’s right to possession.
Every conservator shall have a right to, and shall take,
possession of all of the real and personal property of the
ward protected person . The conservator shall pay the taxes
and collect the income therefrom until the conservatorship is
terminated. The conservator may maintain an action for the
possession of the property, and to determine the title to the
same.
Sec. 43. Section 633.643, Code 2021, is amended to read as
follows:
633.643 Disposal of will by conservator.
When an instrument purporting to be the will of the ward
protected person comes into the hands of a conservator, the
conservator shall immediately deliver it to the court.
Sec. 44. Section 633.644, Code 2021, is amended to read as
follows:
633.644 Court order to preserve testamentary intent of ward
protected person .
Upon receiving an instrument purporting to be the will of a
living ward protected person under the provisions of section
633.643 , the court may open said will and read it. The court
with or without notice, as it may determine, may enter such
orders in the conservatorship as it deems advisable for the
proper administration of the conservatorship in light of the
expressed testamentary intent of the ward protected person .
Sec. 45. Section 633.645, Code 2021, is amended to read as
follows:
633.645 Court to deliver will to clerk.
An instrument purporting to be the will of a ward protected
person coming into the hands of the court under the provisions
of section 633.643 , shall thereafter be resealed by the court
and be deposited with the clerk to be held by said clerk as
provided in sections 633.286 through 633.289 .
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Sec. 46. Section 633.653A, Code 2021, is amended to read as
follows:
633.653A Claims for cost of medical care or services.
The provision of medical care or services to a ward protected
person who is a recipient of medical assistance under chapter
249A creates a claim against the conservatorship for the amount
owed to the provider under the medical assistance program for
the care or services. The amount of the claim, after being
allowed or established as provided in this part, shall be paid
by the conservator from the assets of the conservatorship.
Sec. 47. Section 633.654, Code 2021, is amended to read as
follows:
633.654 Form and verification of claims —— general
requirements.
No claim shall be allowed against the estate of a ward
protected person upon application of the claimant unless
it shall be in writing, filed in duplicate with the clerk,
stating the claimant’s name and address, and describing the
nature and the amount thereof, if ascertainable. It shall be
accompanied by the affidavit of the claimant, or of someone for
the claimant, that the amount is justly due, or if not due,
when it will or may become due, that no payments have been
made thereon which are not credited, and that there are no
offsets to the same, to the knowledge of the affiant, except as
therein stated. The duplicate of said claim shall be mailed
by the clerk to the conservator or the conservator’s attorney
of record; however, valid contract claims arising in the
ordinary course of the conduct of the business or affairs of
the ward protected person by the conservator may be paid by the
conservator without requiring affidavit or filing.
Sec. 48. Section 633.656, Code 2021, is amended to read as
follows:
633.656 How claim entitled.
All claims filed against the estate of the ward protected
person shall be entitled in the name of the claimant against
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the conservator as such, naming the conservator, and in all
further proceedings thereon, this title shall be preserved.
Sec. 49. Section 633.660, Code 2021, is amended to read as
follows:
633.660 Execution and levy prohibited.
No execution shall issue upon, nor shall any levy be made
against, any property of the estate of a ward protected person
under any judgment against the ward protected person or a
conservator, but the provisions of this section shall not be so
construed as to prevent the enforcement of a mortgage, pledge,
or other lien upon property in an appropriate proceeding.
Sec. 50. Section 633.661, Code 2021, is amended to read as
follows:
633.661 Claims of conservators.
If the conservator is a creditor of the ward protected
person , the conservator shall file the claim as other
creditors, and the court shall appoint some competent person as
temporary conservator to represent the ward protected person
at the hearing on the conservator’s claim. The same procedure
shall be followed in the case of coconservators where all
such conservators are creditors of the ward protected person ;
but if one of the coconservators is not a creditor of the
ward protected person , such disinterested conservator shall
represent the ward protected person at the hearing on any claim
against the ward protected person by a coconservator.
Sec. 51. Section 633.662, Code 2021, is amended to read as
follows:
633.662 Claims not filed.
The conservator may pay any valid claim against the estate of
the ward protected person even though such claim has not been
filed, but all such payments made by the conservator shall be
at the conservator’s own peril.
Sec. 52. Section 633.664, Code 2021, is amended to read as
follows:
633.664 Liens not affected by failure to file claim.
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Nothing in sections 633.654 and 633.658 shall affect or
prevent an action or proceeding to enforce any mortgage,
pledge, or other lien upon the property of the ward protected
person .
Sec. 53. Section 633.665, Code 2021, is amended to read as
follows:
633.665 Separate actions and claims.
1. Any action pending against the ward protected person at
the time the conservator is appointed shall also be considered
a claim filed in the conservatorship if notice of substitution
is served on the conservator as defendant and a duplicate of
the proof of service of notice of such proceeding is filed in
the conservatorship proceeding.
2. A separate action based on a debt or other liability
of the ward protected person may be commenced against the
conservator in lieu of filing a claim in the conservatorship.
Such an action shall be commenced by serving an original notice
on the conservator and filing a duplicate of the proof of
service of notice of such proceeding in the conservatorship
proceeding. Such an action shall also be considered a claim
filed in the conservatorship. Such an action may be commenced
only in a county where the venue would have been proper if
there were no conservatorship and the action had been commenced
against the ward protected person .
Sec. 54. Section 633.667, Code 2021, is amended to read as
follows:
633.667 Payment of claims in insolvent conservatorships.
When it appears that the assets in a conservatorship are
insufficient to pay in full all the claims against such
conservatorship, the conservator shall report such matter to
the court, and the court shall, upon hearing, with notice to
all persons who have filed claims in the conservatorship, make
an order for the pro rata payment of claims giving claimants
the same priority, if any, as they would have if the ward
protected person were not under conservatorship.
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Sec. 55. Section 633.668, Code 2021, is amended to read as
follows:
633.668 Conservator may make gifts.
For good cause shown and under order of court, a conservator
may make gifts on behalf of the ward protected person out of
the assets under a conservatorship to persons or religious,
educational, scientific, charitable, or other nonprofit
organizations to whom or to which such gifts were regularly
made prior to the commencement of the conservatorship, or on
a showing to the court that such gifts would benefit the ward
protected person or the ward’s protected person estate from the
standpoint of income, gift, estate or inheritance taxes. The
making of gifts out of the assets must not foreseeably impair
the ability to provide adequately for the best interests of the
ward protected person .
Sec. 56. Section 633.673, Code 2021, is amended to read as
follows:
633.673 Court costs in guardianships.
The ward protected person or the ward’s protected person’s
estate shall be charged with the court costs of a ward’s
protected person’s guardianship, including the guardian’s fees
and the fees of the attorney for the guardian. The court
may, upon application, enter an order waiving payment of the
court costs in indigent cases. However, if the ward protected
person or ward’s protected person’s estate becomes financially
capable of paying any waived costs, the costs shall be paid
immediately.
Sec. 57. Section 633.676, Code 2021, is amended to read as
follows:
633.676 Assets exhausted.
At any time that the assets of the ward’s protected person’s
estate do not exceed the amount of the charges and claims
against it, the court may direct the conservator to proceed to
terminate the conservatorship.
Sec. 58. Section 633.677, Code 2021, is amended to read as
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follows:
633.677 Accounting to ward protected person —— notice.
Upon the termination of a conservatorship, the conservator
shall pay the costs of administration and shall render a full
and complete accounting to the ward protected person or the
ward’s protected person’s personal representative and to the
court. Notice of the final report of a conservator shall be
served on the ward protected person or the ward’s protected
person’s personal representative, in accordance with section
633.40 , unless notice is waived. An order prescribing notice
may be made before or after the filing of the final report.
Sec. 59. Section 633.681, Code 2021, is amended to read as
follows:
633.681 Assets of minor ward protected person exhausted.
When the assets of a minor ward’s protected person’s
conservatorship are exhausted or consist of personal property
only of an aggregate value not in excess of twenty-five
thousand dollars, the court, upon application or upon its
own motion, may terminate the conservatorship. The order
for termination shall direct the conservator to deliver any
property remaining after the payment of allowed claims and
expenses of administration to a custodian under any uniform
transfers to minors Act. Such delivery shall have the same
force and effect as if delivery had been made to the ward
protected person after attaining majority.
Sec. 60. Section 633.682, Code 2021, is amended to read as
follows:
633.682 Discharge of conservator and release of bond.
Upon settlement of the final accounting of a conservator,
and upon determining that the property of the ward protected
person has been delivered to the person or persons lawfully
entitled thereto, the court shall discharge the conservator and
exonerate the surety on the conservator’s bond.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
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the explanation’s substance by the members of the general assembly.
Guardians are persons and entities appointed by the
court to make decisions for persons regarding the person’s
care, maintenance, health, education, welfare, and safety.
Conservators are appointed by the court to make decisions for
persons regarding management of their financial affairs.
This bill amends Code provisions governing guardianships and
conservatorships.
DIVISION I —— MINOR GUARDIANSHIPS. Under current law, a
petition for guardianship only requires the address and name
of any adult who was the primary caregiver or lived with the
minor for the six months prior. The bill provides that a
petition for guardianship must include the name and address of
the primary caregiver or adult with whom the minor has lived
anytime during the six months immediately before the filing.
Under the bill, the petition must also include whether there is
already a conservatorship in place for the minor.
The bill provides that notice of a filed petition for
guardianship shall inform parents, who have not filed a
consent to the appointment of a guardian with the court that
the parents may be entitled to an attorney under current Code
section 232D.304.
The bill provides the qualifications and term of service of
a court visitor for the minor.
The bill provides that results of background checks of
the proposed guardian in the 6 months prior to filing of the
petition may be used; current law permits the use of background
checks within the prior 12 months. Results of the background
checks may be shared with good cause to the proposed guardian.
The bill provides that the order appointing a guardian for a
minor shall state the date that the first reporting period for
the guardianship will end.
The bill provides that the initial care plan shall include
the guardian’s plan for funds and benefits payable for the
support of the minor and the verified annual report shall
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include the results of the guardian’s efforts to receive
funds or benefits and the account for the use of the funds or
benefits.
The bill provides that upon termination of guardianship
in which the guardian has custody of the minor’s assets, the
assets must be returned to the minor or a fiduciary for the
minor for any of the following accounts: a uniform transfer to
minors Act account, an educational savings plan trust account,
or an ABLE savings plan trust account.
DIVISION II —— ADULT GUARDIANSHIPS. The bill changes the
petition for appointment of guardian or conservator for an
adult to have the same requirement for both guardianship and
conservatorships. Currently, conservatorships are not required
to provide the name and address of the proposed conservator and
the reason why the conservator was chosen.
The bill provides qualifications of who is qualified to
serve as a court visitor and when they are discharged. current
law does not provide specific qualifications of a court
visitor.
The bill specifies that when a valid power of attorney has
been executed prior to an appointment of a conservator, the
power of attorney controls and the conservator must adhere to
the relevant provisions of Code chapter 633B.
The bill provides that a protected person has 20 days to
contest the initial financial plan for conservatorships. Under
current law, the protected individual only has 15 days.
The bill removes the standard of clear and convincing
evidence to prove cause for termination of a guardianship or
conservatorship.
DIVISION III —— CONFORMING CHANGES. The current Code uses
the term “ward” to refer to a person for whom the court has
appointed a guardian or conservator. The bill substitutes the
term “protected person” for the term “ward”.
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