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
1
termination
of
minor
and
adult
guardianships
and
2
conservatorships.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1338XC
(3)
89
cm/jh
S.F.
_____
DIVISION
I
1
MINOR
GUARDIANSHIPS
2
Section
1.
Section
232D.301,
subsection
2,
paragraph
d,
3
subparagraph
(3),
Code
2021,
is
amended
to
read
as
follows:
4
(3)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
5
with
whom
the
minor
has
lived
for
at
least
any
time
during
the
6
six
months
prior
to
immediately
preceding
the
filing
of
the
7
petition.
8
Sec.
2.
Section
232D.301,
subsection
4,
Code
2021,
is
9
amended
to
read
as
follows:
10
4.
The
petition
shall
state
whether
a
limited
guardianship
11
is
appropriate
,
and
whether
a
conservatorship
for
the
minor
12
already
exists
.
13
Sec.
3.
Section
232D.302,
subsection
2,
Code
2021,
is
14
amended
to
read
as
follows:
15
2.
Notice
shall
be
served
upon
the
minor’s
known
parents
16
listed
in
the
petition
in
accordance
with
the
rules
of
civil
17
procedure.
If
the
parent
has
not
filed
a
consent
to
the
18
appointment
of
a
guardian,
the
notice
shall
inform
any
parent
19
named
in
the
petition
that
the
parent
may
be
entitled
to
an
20
attorney
under
the
conditions
described
in
section
232D.304.
21
Sec.
4.
Section
232D.305,
subsection
1,
Code
2021,
is
22
amended
to
read
as
follows:
23
1.
The
court
may
appoint
a
court
visitor
for
the
minor.
A
24
person
is
qualified
to
serve
as
a
court
visitor
if
the
person
25
has
demonstrated
sufficient
knowledge
of
guardianships
to
26
adequately
perform
the
duties
in
subsection
3.
27
Sec.
5.
Section
232D.305,
subsection
3,
paragraph
b,
Code
28
2021,
is
amended
to
read
as
follows:
29
b.
Explaining
Providing
to
the
minor,
if
the
minor’s
age
30
is
appropriate,
the
substance
of
the
petition,
the
purpose
and
31
effect
of
the
guardianship
proceeding,
information
regarding
32
the
rights
of
the
minor
at
the
hearing,
and
the
general
powers
33
and
duties
of
a
guardian.
34
Sec.
6.
Section
232D.305,
Code
2021,
is
amended
by
adding
35
-1-
LSB
1338XC
(3)
89
cm/jh
1/
20
S.F.
_____
the
following
new
subsection:
1
NEW
SUBSECTION
.
6.
The
court
may
order
a
court
visitor
to
2
continue
to
serve
if
the
court
determines
continued
service
3
would
be
in
the
best
interest
of
the
minor.
If
the
court
4
continues
the
service
of
the
court
visitor,
the
court
may
limit
5
the
direct
duties
of
the
court
visitor
as
the
court
deems
6
necessary,
in
which
case
the
court
visitor
shall
thereafter
7
continue
to
serve
until
discharged
by
the
court.
In
the
8
event
the
court
does
not
order
the
court
visitor
to
continue,
9
the
order
appointing
the
guardian
shall
discharge
the
court
10
visitor.
11
Sec.
7.
Section
232D.307,
subsections
1
and
2,
Code
2021,
12
are
amended
to
read
as
follows:
13
1.
The
court
shall
request
criminal
record
checks
and
checks
14
of
the
child
abuse,
dependent
adult
abuse,
and
sex
offender
15
registries
in
this
state
for
all
proposed
guardians
other
than
16
financial
institutions
with
Iowa
trust
powers
unless
a
proposed
17
guardian
has
undergone
the
required
background
checks
in
this
18
section
within
the
twelve
six
months
prior
to
the
filing
of
a
19
petition
and
the
background
checks
have
been
provided
to
the
20
court
.
21
2.
The
court
shall
review
the
results
of
background
checks
22
in
determining
the
suitability
of
a
proposed
guardian
for
23
appointment
,
and
may,
for
good
cause,
share
the
results
of
the
24
background
check
with
the
proposed
guardian
.
25
Sec.
8.
Section
232D.401,
subsections
1
and
3,
Code
2021,
26
are
amended
to
read
as
follows:
27
1.
The
order
by
the
court
appointing
a
guardian
for
a
minor
28
shall
state
the
basis
for
the
order
and
the
date
on
which
the
29
first
reporting
period
for
the
guardianship
will
end
.
30
3.
An
order
by
the
court
appointing
a
guardian
for
a
minor
31
shall
state
the
powers
granted
to
the
guardian.
Except
as
32
otherwise
limited
by
court
order,
the
court
may
grant
the
33
guardian
the
following
powers,
which
may
be
exercised
without
34
prior
further
court
approval:
35
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20
S.F.
_____
a.
Taking
custody
of
the
minor
and
establishing
the
minor’s
1
permanent
residence
if
otherwise
consistent
with
the
terms
of
2
any
order
of
competent
jurisdiction
relating
to
the
custody,
3
placement,
detention,
or
commitment
of
the
minor
within
the
4
state.
5
b.
Consenting
to
medical,
dental,
and
other
health
care
6
treatment
and
services
for
the
minor.
7
c.
Providing
or
arranging
for
the
provision
of
education
8
for
the
minor
including
but
not
limited
to
preschool
education,
9
primary
education
and
secondary
education,
special
education
10
and
related
services,
and
vocational
services.
11
d.
Consenting
to
professional
services
for
the
minor
to
12
ensure
the
safety
and
welfare
of
the
minor.
13
e.
Applying
for
and
receiving
funds
and
benefits
payable
14
for
the
support
of
the
minor
if
the
minor
does
not
have
a
15
conservator
.
If
the
minor
has
a
conservator,
the
guardian
16
shall
notify
the
conservator
at
least
ten
days
before
applying
17
for
funds
or
benefits
for
the
support
of
the
minor.
18
f.
Any
other
powers
the
court
may
specify.
19
Sec.
9.
Section
232D.501,
subsection
1,
paragraph
a,
Code
20
2021,
is
amended
by
adding
the
following
new
subparagraph:
21
NEW
SUBPARAGRAPH
.
(2A)
The
guardian’s
plan,
if
any,
for
22
applying
for
and
receiving
funds
and
benefits
payable
for
the
23
support
of
the
minor.
24
Sec.
10.
Section
232D.501,
subsection
1,
paragraph
b,
Code
25
2021,
is
amended
by
adding
the
following
new
subparagraph:
26
NEW
SUBPARAGRAPH
.
(11)
The
results
of
the
guardian’s
27
efforts
to
apply
for
funds
or
benefits
for
the
minor,
and
28
an
accounting
for
the
use
of
such
funds
or
benefits
by
the
29
guardian.
30
Sec.
11.
Section
232D.503,
Code
2021,
is
amended
by
adding
31
the
following
new
subsection:
32
NEW
SUBSECTION
.
6.
If
the
court
orders
termination
of
a
33
guardianship
established
under
this
chapter
and
the
guardian
34
has
custody
of
the
minor’s
assets,
the
court
shall
order
35
-3-
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1338XC
(3)
89
cm/jh
3/
20
S.F.
_____
delivery
of
the
minor’s
assets
to
the
minor
or
a
fiduciary
1
acting
under
one
or
more
of
the
following
accounts:
2
a.
A
uniform
transfer
to
minors
Act
account
established
for
3
the
minor
pursuant
to
chapter
565B
or
other
state
law.
4
b.
An
educational
savings
plan
trust
account
established
for
5
the
minor
pursuant
to
section
529
of
the
Internal
Revenue
Code
6
or
chapter
12D.
7
c.
An
ABLE
savings
plan
trust
account
established
for
the
8
minor
pursuant
to
section
529A
of
the
Internal
Revenue
Code
or
9
chapter
12I.
10
DIVISION
II
11
ADULT
GUARDIANSHIPS
AND
CONSERVATORSHIPS
12
Sec.
12.
Section
633.556,
subsection
5,
paragraph
a,
Code
13
2021,
is
amended
to
read
as
follows:
14
a.
The
name
and
address
of
the
proposed
guardian
or
15
conservator
and
the
reason
the
proposed
guardian
or
conservator
16
should
be
selected.
17
Sec.
13.
Section
633.556,
subsection
8,
Code
2021,
is
18
amended
to
read
as
follows:
19
8.
The
A
petition
for
conservator
shall
provide
a
brief
20
description
of
the
respondent’s
alleged
functional
limitations
21
that
make
the
respondent
unable
to
communicate
or
carry
out
22
important
decisions
concerning
the
respondent’s
financial
23
affairs.
A
petition
for
guardian
shall
provide
a
brief
24
description
of
the
respondent’s
alleged
functional
limitations
25
that
make
the
respondent
unable
to
provide
for
the
respondent’s
26
safety,
or
to
provide
for
necessities.
27
Sec.
14.
Section
633.562,
subsections
1
and
3,
Code
2021,
28
are
amended
to
read
as
follows:
29
1.
If
the
court
determines
that
the
appointment
of
a
court
30
visitor
would
be
in
the
best
interest
of
the
respondent,
31
the
court
shall
appoint
a
court
visitor
at
the
expense
32
of
the
respondent
or
the
respondent’s
estate,
or,
if
the
33
respondent
is
indigent,
the
cost
of
the
court
visitor
shall
34
be
assessed
against
the
county
in
which
the
proceedings
are
35
-4-
LSB
1338XC
(3)
89
cm/jh
4/
20
S.F.
_____
pending.
The
court
may
appoint
any
qualified
person
as
a
court
1
visitor
in
a
guardianship
or
conservatorship
proceeding.
A
2
person
is
qualified
to
serve
in
this
capacity
if
the
person
3
has
demonstrated
sufficient
knowledge
of
guardianships
or
4
conservatorships
to
adequately
perform
the
duties
in
subsection
5
3.
6
3.
Unless
otherwise
enlarged
or
circumscribed
by
the
court,
7
the
duties
of
a
court
visitor
with
respect
to
the
respondent
8
shall
include
all
of
the
following:
9
a.
Conducting
an
initial
in-person
interview
with
the
10
respondent.
11
b.
Explaining
to
the
respondent
the
substance
of
the
12
petition
,
and
the
purpose
and
effect
of
the
guardianship
or
13
conservatorship
proceeding
,
the
rights
of
the
respondent
at
14
the
hearing,
and
the
general
powers
and
duties
of
a
guardian
15
or
conservator
.
16
c.
Determining
,
to
the
extent
possible,
the
views
of
the
17
respondent
regarding
the
proposed
guardian
or
conservator,
18
the
proposed
guardian’s
or
conservator’s
powers
and
duties,
19
and
the
scope
and
duration
of
the
proposed
guardianship
or
20
conservatorship.
21
Sec.
15.
Section
633.562,
Code
2021,
is
amended
by
adding
22
the
following
new
subsection:
23
NEW
SUBSECTION
.
7.
A
court
visitor
shall
be
discharged
24
from
all
further
duties
upon
appointment
of
a
guardian
or
25
conservator,
unless
otherwise
ordered
by
the
court.
The
court
26
may
order
a
court
visitor
to
continue
to
serve
if
the
court
27
determines
continued
service
would
be
in
the
best
interest
of
28
the
protected
person.
If
the
court
continues
the
service
of
29
the
court
visitor,
the
court
may
limit
the
direct
duties
of
30
the
court
visitor
as
the
court
deems
necessary,
in
which
case
31
the
court
visitor
shall
thereafter
continue
to
serve
until
32
discharged
by
the
court.
33
Sec.
16.
Section
633.641,
subsection
3,
Code
2021,
is
34
amended
to
read
as
follows:
35
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20
S.F.
_____
3.
If
a
protected
person
has
executed
a
valid
power
of
1
attorney
under
chapter
633B
,
the
conservator
shall
act
in
2
accordance
with
the
applicable
power
of
attorney
provisions
3
of
chapter
633B
and
the
valid
power
of
attorney
controls
the
4
conservator’s
powers
and
duties
.
5
Sec.
17.
Section
633.669,
subsection
1,
Code
2021,
is
6
amended
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
0b.
The
guardian
shall
file
an
amended
plan
8
when
there
has
been
a
substantial
change
in
circumstances
or
9
the
guardian
seeks
to
deviate
significantly
from
the
plan.
10
The
guardian
must
obtain
approval
of
the
amended
plan
before
11
implementing
any
of
its
provisions.
12
Sec.
18.
Section
633.670,
subsection
1,
paragraph
b,
Code
13
2021,
is
amended
to
read
as
follows:
14
b.
Within
two
days
after
filing
the
initial
plan,
the
The
15
conservator
shall
give
notice
of
the
filing
of
the
initial
plan
16
with
a
copy
of
the
plan
to
the
protected
person,
the
protected
17
person’s
attorney
and
court
visitor,
if
any,
and
others
as
18
directed
by
the
court.
The
notice
must
state
that
any
person
19
entitled
to
a
copy
of
the
plan
must
file
any
objections
to
the
20
plan
not
later
than
fifteen
twenty
days
after
it
is
filed.
21
Sec.
19.
Section
633.675,
subsections
2
and
3,
Code
2021,
22
are
amended
to
read
as
follows:
23
2.
The
court
shall
terminate
a
guardianship
if
it
finds
by
24
clear
and
convincing
evidence
that
the
basis
for
appointing
a
25
guardian
pursuant
to
section
633.552
has
not
been
established.
26
3.
The
court
shall
terminate
a
conservatorship
if
the
court
27
finds
by
clear
and
convincing
evidence
that
the
basis
for
28
appointing
a
conservator
pursuant
to
section
633.553
or
633.554
29
is
not
satisfied.
30
Sec.
20.
REPEAL.
Section
633.71,
Code
2021,
is
repealed.
31
DIVISION
III
32
CONFORMING
CHANGES
33
Sec.
21.
Section
633.3,
subsections
9,
17,
22,
and
23,
Code
34
2021,
are
amended
to
read
as
follows:
35
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_____
9.
Conservator
——
means
a
person
appointed
by
the
court
1
to
have
the
custody
and
control
of
the
property
of
a
ward
2
protected
person
under
the
provisions
of
this
probate
code.
3
17.
Estate
——
the
real
and
personal
property
of
either
a
4
decedent
or
a
ward
protected
person
,
and
may
also
refer
to
the
5
real
and
personal
property
of
a
trust
described
in
section
6
633.10
.
7
22.
Guardian
——
means
the
person
appointed
by
the
court
to
8
have
the
custody
of
the
person
of
the
ward
protected
person
9
under
the
provisions
of
this
probate
code.
10
23.
Guardian
of
the
property
——
at
the
election
of
the
11
person
appointed
by
the
court
to
have
the
custody
and
care
of
12
the
property
of
a
ward
protected
person
,
the
term
“guardian
of
13
the
property”
may
be
used,
which
term
shall
be
synonymous
with
14
the
term
“conservator”
.
15
Sec.
22.
Section
633.78,
subsection
1,
unnumbered
paragraph
16
1,
Code
2021,
is
amended
to
read
as
follows:
17
A
fiduciary
under
this
chapter
may
present
a
written
request
18
to
any
person
for
the
purpose
of
obtaining
property
owned
by
19
a
decedent
or
by
a
ward
protected
person
of
a
conservatorship
20
for
which
the
fiduciary
has
been
appointed,
or
property
to
21
which
a
decedent
or
ward
protected
person
is
entitled,
or
22
for
information
about
such
property
needed
to
perform
the
23
fiduciary’s
duties.
The
request
must
contain
statements
24
confirming
all
of
the
following:
25
Sec.
23.
Section
633.78,
subsection
1,
paragraph
b,
Code
26
2021,
is
amended
to
read
as
follows:
27
b.
The
request
has
been
signed
by
all
fiduciaries
acting
on
28
behalf
of
the
decedent
or
ward
protected
person
.
29
Sec.
24.
Section
633.78,
subsection
4,
paragraph
a,
Code
30
2021,
is
amended
to
read
as
follows:
31
a.
Damages
sustained
by
the
decedent’s
or
ward’s
protected
32
person’s
estate.
33
Sec.
25.
Section
633.80,
Code
2021,
is
amended
to
read
as
34
follows:
35
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20
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_____
633.80
Fiduciary
of
a
fiduciary.
1
A
fiduciary
has
no
authority
to
act
in
a
matter
wherein
the
2
fiduciary’s
decedent
or
ward
protected
person
was
merely
a
3
fiduciary,
except
that
the
fiduciary
shall
file
a
report
and
4
accounting
on
behalf
of
the
decedent
or
ward
protected
person
5
in
said
matter.
6
Sec.
26.
Section
633.93,
Code
2021,
is
amended
to
read
as
7
follows:
8
633.93
Limitation
on
actions
affecting
deeds.
9
No
action
for
recovery
of
any
real
estate
sold
by
any
10
fiduciary
can
be
maintained
by
any
person
claiming
under
the
11
deceased,
the
ward
protected
person
,
or
a
beneficiary,
unless
12
brought
within
five
years
after
the
date
of
the
recording
of
13
the
conveyance.
14
Sec.
27.
Section
633.112,
Code
2021,
is
amended
to
read
as
15
follows:
16
633.112
Discovery
of
property.
17
The
court
may
require
any
person
suspected
of
having
18
possession
of
any
property,
including
records
and
documents,
19
of
the
decedent,
ward
protected
person
,
or
the
estate,
or
of
20
having
had
such
property
under
the
person’s
control,
to
appear
21
and
submit
to
an
examination
under
oath
touching
such
matters,
22
and
if
on
such
examination
it
appears
that
the
person
has
the
23
wrongful
possession
of
any
such
property,
the
court
may
order
24
the
delivery
thereof
to
the
fiduciary.
Such
a
person
shall
be
25
liable
to
the
estate
for
all
damages
caused
by
the
person’s
26
acts.
27
Sec.
28.
Section
633.123,
subsection
1,
paragraph
b,
28
subparagraph
(3),
Code
2021,
is
amended
to
read
as
follows:
29
(3)
The
needs
and
rights
of
the
beneficiaries
or
the
ward
30
protected
person
.
31
Sec.
29.
Section
633.580,
subsections
1
and
4,
Code
2021,
32
are
amended
to
read
as
follows:
33
1.
The
name,
age,
and
last
known
post
office
address
of
the
34
proposed
ward
protected
person
.
35
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_____
4.
A
general
description
of
the
property
of
the
proposed
1
ward
protected
person
within
this
state
and
of
the
proposed
2
ward’s
protected
person’s
right
to
receive
property;
also,
the
3
estimated
present
value
of
the
real
estate,
the
estimated
value
4
of
the
personal
property,
and
the
estimated
gross
annual
income
5
of
the
estate.
If
any
money
is
payable,
or
to
become
payable,
6
to
the
proposed
ward
protected
person
by
the
United
States
7
through
the
United
States
department
of
veterans
affairs,
the
8
petition
shall
so
state.
9
Sec.
30.
Section
633.591A,
Code
2021,
is
amended
to
read
as
10
follows:
11
633.591A
Voluntary
petition
for
appointment
of
conservator
12
for
a
minor
——
standby
basis.
13
A
person
having
physical
and
legal
custody
of
a
minor
14
may
execute
a
verified
petition
for
the
appointment
of
a
15
standby
conservator
of
the
proposed
ward’s
protected
person’s
16
property,
upon
the
express
condition
that
the
petition
shall
17
be
acted
upon
by
the
court
only
upon
the
occurrence
of
an
event
18
specified
or
the
existence
of
a
described
condition
of
the
19
mental
or
physical
health
of
the
petitioner,
the
occurrence
20
of
which
event,
or
the
existence
of
which
condition,
shall
be
21
established
in
the
manner
directed
in
the
petition.
22
Sec.
31.
Section
633.603,
Code
2021,
is
amended
to
read
as
23
follows:
24
633.603
Appointment
of
foreign
conservators.
25
When
there
is
no
conservatorship,
nor
any
application
26
therefor
pending,
in
this
state,
the
duly
qualified
foreign
27
conservator
or
guardian
of
a
nonresident
ward
protected
28
person
may,
upon
application,
be
appointed
conservator
of
the
29
property
of
such
person
in
this
state;
provided
that
a
resident
30
conservator
is
appointed
to
serve
with
the
foreign
conservator;
31
and
provided
further,
that
for
good
cause
shown,
the
court
32
may
appoint
the
foreign
conservator
to
act
alone
without
the
33
appointment
of
a
resident
conservator.
34
Sec.
32.
Section
633.604,
Code
2021,
is
amended
to
read
as
35
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20
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_____
follows:
1
633.604
Application.
2
The
application
for
appointment
of
a
foreign
conservator
3
or
guardian
as
conservator
in
this
state
shall
include
the
4
name
and
address
of
the
nonresident
ward
protected
person
,
and
5
of
the
nonresident
conservator
or
guardian,
and
the
name
and
6
address
of
the
resident
conservator
to
be
appointed.
It
shall
7
be
accompanied
by
a
certified
copy
of
the
original
letters
8
or
other
authority
conferring
the
power
upon
the
foreign
9
conservator
or
guardian
to
act
as
such.
The
application
10
shall
also
state
the
cause
for
the
appointment
of
the
foreign
11
conservator
to
act
as
sole
conservator,
if
such
be
the
case.
12
Sec.
33.
Section
633.605,
Code
2021,
is
amended
to
read
as
13
follows:
14
633.605
Personal
property.
15
A
foreign
conservator
or
guardian
of
a
nonresident
may
16
be
authorized
by
the
court
of
the
county
wherein
such
ward
17
protected
person
has
personal
property
to
receive
the
same
upon
18
compliance
with
the
provisions
of
sections
633.606
,
633.607
and
19
633.608
.
20
Sec.
34.
Section
633.607,
Code
2021,
is
amended
to
read
as
21
follows:
22
633.607
Order
for
delivery.
23
Upon
the
filing
of
the
bond
as
above
provided,
and
the
court
24
being
satisfied
with
the
amount
thereof,
it
shall
order
the
25
personal
property
of
the
ward
protected
person
delivered
to
26
such
conservator
or
guardian.
27
Sec.
35.
Section
633.633,
Code
2021,
is
amended
to
read
as
28
follows:
29
633.633
Provisions
applicable
to
all
fiduciaries
shall
30
govern.
31
The
provisions
of
this
probate
code
applicable
to
all
32
fiduciaries
shall
govern
the
appointment,
qualification,
oath
33
and
bond
of
guardians
and
conservators,
except
that
a
guardian
34
shall
not
be
required
to
give
bond
unless
the
court,
for
good
35
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89
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20
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_____
cause,
finds
that
the
best
interests
of
the
ward
protected
1
person
require
a
bond.
The
court
shall
then
fix
the
terms
and
2
conditions
of
such
bond.
3
Sec.
36.
Section
633.633B,
Code
2021,
is
amended
to
read
as
4
follows:
5
633.633B
Tort
liability
of
guardians
and
conservators.
6
The
fact
that
a
person
is
a
guardian
or
conservator
shall
not
7
in
itself
make
the
person
personally
liable
for
damages
for
the
8
acts
of
the
ward
protected
person
.
9
Sec.
37.
Section
633.636,
Code
2021,
is
amended
to
read
as
10
follows:
11
633.636
Effect
of
appointment
of
guardian
or
conservator.
12
The
appointment
of
a
guardian
or
conservator
shall
not
13
constitute
an
adjudication
that
the
ward
protected
person
is
of
14
unsound
mind.
15
Sec.
38.
Section
633.637,
Code
2021,
is
amended
to
read
as
16
follows:
17
633.637
Powers
of
ward
protected
person
.
18
1.
A
ward
protected
person
for
whom
a
conservator
has
been
19
appointed
shall
not
have
the
power
to
convey,
encumber,
or
20
dispose
of
property
in
any
manner,
other
than
by
will
if
the
21
ward
protected
person
possesses
the
requisite
testamentary
22
capacity,
unless
the
court
determines
that
the
ward
protected
23
person
has
a
limited
ability
to
handle
the
ward’s
protected
24
person’s
own
funds.
If
the
court
makes
such
a
finding,
the
25
court
shall
specify
to
what
extent
the
ward
protected
person
26
may
possess
and
use
the
ward’s
protected
person’s
own
funds.
27
2.
Any
modification
of
the
powers
of
the
ward
protected
28
person
that
would
be
more
restrictive
of
the
ward’s
protected
29
person’s
control
over
the
ward’s
protected
person’s
financial
30
affairs
shall
be
based
upon
clear
and
convincing
evidence
31
and
the
burden
of
persuasion
is
on
the
conservator.
Any
32
modification
that
would
be
less
restrictive
of
the
ward’s
33
protected
person’s
control
over
the
ward’s
protected
person
34
financial
affairs
shall
be
based
upon
proof
in
accordance
with
35
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20
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_____
the
requirements
of
section
633.675
.
1
Sec.
39.
Section
633.637A,
Code
2021,
is
amended
to
read
as
2
follows:
3
633.637A
Rights
of
ward
protected
person
under
guardianship.
4
An
adult
ward
protected
person
under
a
guardianship
has
the
5
right
of
communication,
visitation,
or
interaction
with
other
6
persons
upon
the
consent
of
the
adult
ward
protected
person
,
7
subject
to
section
633.635,
subsection
2
,
paragraph
“i”
,
and
8
section
633.635,
subsection
3
,
paragraph
“c”
.
If
an
adult
ward
9
protected
person
is
unable
to
give
express
consent
to
such
10
communication,
visitation,
or
interaction
with
a
person
due
11
to
a
physical
or
mental
condition,
consent
of
an
adult
ward
12
protected
person
may
be
presumed
by
a
guardian
or
a
court
based
13
on
an
adult
ward’s
protected
person’s
prior
relationship
with
14
such
person.
15
Sec.
40.
Section
633.638,
Code
2021,
is
amended
to
read
as
16
follows:
17
633.638
Presumption
of
fraud.
18
If
a
conservator
be
appointed,
all
contracts,
transfers
and
19
gifts
made
by
the
ward
protected
person
after
the
filing
of
the
20
petition
shall
be
presumed
to
be
a
fraud
against
the
rights
21
and
interest
of
the
ward
protected
person
except
as
otherwise
22
directed
by
the
court
pursuant
to
section
633.637
.
23
Sec.
41.
Section
633.639,
Code
2021,
is
amended
to
read
as
24
follows:
25
633.639
Title
to
ward’s
protected
person’s
property.
26
The
title
to
all
property
of
the
ward
protected
person
is
27
in
the
ward
protected
person
and
not
the
conservator
subject,
28
however,
to
the
possession
of
the
conservator
and
to
the
29
control
of
the
court
for
the
purposes
of
administration,
30
sale
or
other
disposition,
under
the
provisions
of
the
31
law.
Any
real
property
titled
at
any
time
in
the
name
of
a
32
conservatorship
shall
be
deemed
to
be
titled
in
the
ward’s
33
protected
person’s
name
subject
to
the
conservator’s
right
of
34
possession.
35
-12-
LSB
1338XC
(3)
89
cm/jh
12/
20
S.F.
_____
Sec.
42.
Section
633.640,
Code
2021,
is
amended
to
read
as
1
follows:
2
633.640
Conservator’s
right
to
possession.
3
Every
conservator
shall
have
a
right
to,
and
shall
take,
4
possession
of
all
of
the
real
and
personal
property
of
the
5
ward
protected
person
.
The
conservator
shall
pay
the
taxes
6
and
collect
the
income
therefrom
until
the
conservatorship
is
7
terminated.
The
conservator
may
maintain
an
action
for
the
8
possession
of
the
property,
and
to
determine
the
title
to
the
9
same.
10
Sec.
43.
Section
633.643,
Code
2021,
is
amended
to
read
as
11
follows:
12
633.643
Disposal
of
will
by
conservator.
13
When
an
instrument
purporting
to
be
the
will
of
the
ward
14
protected
person
comes
into
the
hands
of
a
conservator,
the
15
conservator
shall
immediately
deliver
it
to
the
court.
16
Sec.
44.
Section
633.644,
Code
2021,
is
amended
to
read
as
17
follows:
18
633.644
Court
order
to
preserve
testamentary
intent
of
ward
19
protected
person
.
20
Upon
receiving
an
instrument
purporting
to
be
the
will
of
a
21
living
ward
protected
person
under
the
provisions
of
section
22
633.643
,
the
court
may
open
said
will
and
read
it.
The
court
23
with
or
without
notice,
as
it
may
determine,
may
enter
such
24
orders
in
the
conservatorship
as
it
deems
advisable
for
the
25
proper
administration
of
the
conservatorship
in
light
of
the
26
expressed
testamentary
intent
of
the
ward
protected
person
.
27
Sec.
45.
Section
633.645,
Code
2021,
is
amended
to
read
as
28
follows:
29
633.645
Court
to
deliver
will
to
clerk.
30
An
instrument
purporting
to
be
the
will
of
a
ward
protected
31
person
coming
into
the
hands
of
the
court
under
the
provisions
32
of
section
633.643
,
shall
thereafter
be
resealed
by
the
court
33
and
be
deposited
with
the
clerk
to
be
held
by
said
clerk
as
34
provided
in
sections
633.286
through
633.289
.
35
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(3)
89
cm/jh
13/
20
S.F.
_____
Sec.
46.
Section
633.653A,
Code
2021,
is
amended
to
read
as
1
follows:
2
633.653A
Claims
for
cost
of
medical
care
or
services.
3
The
provision
of
medical
care
or
services
to
a
ward
protected
4
person
who
is
a
recipient
of
medical
assistance
under
chapter
5
249A
creates
a
claim
against
the
conservatorship
for
the
amount
6
owed
to
the
provider
under
the
medical
assistance
program
for
7
the
care
or
services.
The
amount
of
the
claim,
after
being
8
allowed
or
established
as
provided
in
this
part,
shall
be
paid
9
by
the
conservator
from
the
assets
of
the
conservatorship.
10
Sec.
47.
Section
633.654,
Code
2021,
is
amended
to
read
as
11
follows:
12
633.654
Form
and
verification
of
claims
——
general
13
requirements.
14
No
claim
shall
be
allowed
against
the
estate
of
a
ward
15
protected
person
upon
application
of
the
claimant
unless
16
it
shall
be
in
writing,
filed
in
duplicate
with
the
clerk,
17
stating
the
claimant’s
name
and
address,
and
describing
the
18
nature
and
the
amount
thereof,
if
ascertainable.
It
shall
be
19
accompanied
by
the
affidavit
of
the
claimant,
or
of
someone
for
20
the
claimant,
that
the
amount
is
justly
due,
or
if
not
due,
21
when
it
will
or
may
become
due,
that
no
payments
have
been
22
made
thereon
which
are
not
credited,
and
that
there
are
no
23
offsets
to
the
same,
to
the
knowledge
of
the
affiant,
except
as
24
therein
stated.
The
duplicate
of
said
claim
shall
be
mailed
25
by
the
clerk
to
the
conservator
or
the
conservator’s
attorney
26
of
record;
however,
valid
contract
claims
arising
in
the
27
ordinary
course
of
the
conduct
of
the
business
or
affairs
of
28
the
ward
protected
person
by
the
conservator
may
be
paid
by
the
29
conservator
without
requiring
affidavit
or
filing.
30
Sec.
48.
Section
633.656,
Code
2021,
is
amended
to
read
as
31
follows:
32
633.656
How
claim
entitled.
33
All
claims
filed
against
the
estate
of
the
ward
protected
34
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
1
further
proceedings
thereon,
this
title
shall
be
preserved.
2
Sec.
49.
Section
633.660,
Code
2021,
is
amended
to
read
as
3
follows:
4
633.660
Execution
and
levy
prohibited.
5
No
execution
shall
issue
upon,
nor
shall
any
levy
be
made
6
against,
any
property
of
the
estate
of
a
ward
protected
person
7
under
any
judgment
against
the
ward
protected
person
or
a
8
conservator,
but
the
provisions
of
this
section
shall
not
be
so
9
construed
as
to
prevent
the
enforcement
of
a
mortgage,
pledge,
10
or
other
lien
upon
property
in
an
appropriate
proceeding.
11
Sec.
50.
Section
633.661,
Code
2021,
is
amended
to
read
as
12
follows:
13
633.661
Claims
of
conservators.
14
If
the
conservator
is
a
creditor
of
the
ward
protected
15
person
,
the
conservator
shall
file
the
claim
as
other
16
creditors,
and
the
court
shall
appoint
some
competent
person
as
17
temporary
conservator
to
represent
the
ward
protected
person
18
at
the
hearing
on
the
conservator’s
claim.
The
same
procedure
19
shall
be
followed
in
the
case
of
coconservators
where
all
20
such
conservators
are
creditors
of
the
ward
protected
person
;
21
but
if
one
of
the
coconservators
is
not
a
creditor
of
the
22
ward
protected
person
,
such
disinterested
conservator
shall
23
represent
the
ward
protected
person
at
the
hearing
on
any
claim
24
against
the
ward
protected
person
by
a
coconservator.
25
Sec.
51.
Section
633.662,
Code
2021,
is
amended
to
read
as
26
follows:
27
633.662
Claims
not
filed.
28
The
conservator
may
pay
any
valid
claim
against
the
estate
of
29
the
ward
protected
person
even
though
such
claim
has
not
been
30
filed,
but
all
such
payments
made
by
the
conservator
shall
be
31
at
the
conservator’s
own
peril.
32
Sec.
52.
Section
633.664,
Code
2021,
is
amended
to
read
as
33
follows:
34
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
1
prevent
an
action
or
proceeding
to
enforce
any
mortgage,
2
pledge,
or
other
lien
upon
the
property
of
the
ward
protected
3
person
.
4
Sec.
53.
Section
633.665,
Code
2021,
is
amended
to
read
as
5
follows:
6
633.665
Separate
actions
and
claims.
7
1.
Any
action
pending
against
the
ward
protected
person
at
8
the
time
the
conservator
is
appointed
shall
also
be
considered
9
a
claim
filed
in
the
conservatorship
if
notice
of
substitution
10
is
served
on
the
conservator
as
defendant
and
a
duplicate
of
11
the
proof
of
service
of
notice
of
such
proceeding
is
filed
in
12
the
conservatorship
proceeding.
13
2.
A
separate
action
based
on
a
debt
or
other
liability
14
of
the
ward
protected
person
may
be
commenced
against
the
15
conservator
in
lieu
of
filing
a
claim
in
the
conservatorship.
16
Such
an
action
shall
be
commenced
by
serving
an
original
notice
17
on
the
conservator
and
filing
a
duplicate
of
the
proof
of
18
service
of
notice
of
such
proceeding
in
the
conservatorship
19
proceeding.
Such
an
action
shall
also
be
considered
a
claim
20
filed
in
the
conservatorship.
Such
an
action
may
be
commenced
21
only
in
a
county
where
the
venue
would
have
been
proper
if
22
there
were
no
conservatorship
and
the
action
had
been
commenced
23
against
the
ward
protected
person
.
24
Sec.
54.
Section
633.667,
Code
2021,
is
amended
to
read
as
25
follows:
26
633.667
Payment
of
claims
in
insolvent
conservatorships.
27
When
it
appears
that
the
assets
in
a
conservatorship
are
28
insufficient
to
pay
in
full
all
the
claims
against
such
29
conservatorship,
the
conservator
shall
report
such
matter
to
30
the
court,
and
the
court
shall,
upon
hearing,
with
notice
to
31
all
persons
who
have
filed
claims
in
the
conservatorship,
make
32
an
order
for
the
pro
rata
payment
of
claims
giving
claimants
33
the
same
priority,
if
any,
as
they
would
have
if
the
ward
34
protected
person
were
not
under
conservatorship.
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Sec.
55.
Section
633.668,
Code
2021,
is
amended
to
read
as
1
follows:
2
633.668
Conservator
may
make
gifts.
3
For
good
cause
shown
and
under
order
of
court,
a
conservator
4
may
make
gifts
on
behalf
of
the
ward
protected
person
out
of
5
the
assets
under
a
conservatorship
to
persons
or
religious,
6
educational,
scientific,
charitable,
or
other
nonprofit
7
organizations
to
whom
or
to
which
such
gifts
were
regularly
8
made
prior
to
the
commencement
of
the
conservatorship,
or
on
9
a
showing
to
the
court
that
such
gifts
would
benefit
the
ward
10
protected
person
or
the
ward’s
protected
person
estate
from
the
11
standpoint
of
income,
gift,
estate
or
inheritance
taxes.
The
12
making
of
gifts
out
of
the
assets
must
not
foreseeably
impair
13
the
ability
to
provide
adequately
for
the
best
interests
of
the
14
ward
protected
person
.
15
Sec.
56.
Section
633.673,
Code
2021,
is
amended
to
read
as
16
follows:
17
633.673
Court
costs
in
guardianships.
18
The
ward
protected
person
or
the
ward’s
protected
person’s
19
estate
shall
be
charged
with
the
court
costs
of
a
ward’s
20
protected
person’s
guardianship,
including
the
guardian’s
fees
21
and
the
fees
of
the
attorney
for
the
guardian.
The
court
22
may,
upon
application,
enter
an
order
waiving
payment
of
the
23
court
costs
in
indigent
cases.
However,
if
the
ward
protected
24
person
or
ward’s
protected
person’s
estate
becomes
financially
25
capable
of
paying
any
waived
costs,
the
costs
shall
be
paid
26
immediately.
27
Sec.
57.
Section
633.676,
Code
2021,
is
amended
to
read
as
28
follows:
29
633.676
Assets
exhausted.
30
At
any
time
that
the
assets
of
the
ward’s
protected
person’s
31
estate
do
not
exceed
the
amount
of
the
charges
and
claims
32
against
it,
the
court
may
direct
the
conservator
to
proceed
to
33
terminate
the
conservatorship.
34
Sec.
58.
Section
633.677,
Code
2021,
is
amended
to
read
as
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follows:
1
633.677
Accounting
to
ward
protected
person
——
notice.
2
Upon
the
termination
of
a
conservatorship,
the
conservator
3
shall
pay
the
costs
of
administration
and
shall
render
a
full
4
and
complete
accounting
to
the
ward
protected
person
or
the
5
ward’s
protected
person’s
personal
representative
and
to
the
6
court.
Notice
of
the
final
report
of
a
conservator
shall
be
7
served
on
the
ward
protected
person
or
the
ward’s
protected
8
person’s
personal
representative,
in
accordance
with
section
9
633.40
,
unless
notice
is
waived.
An
order
prescribing
notice
10
may
be
made
before
or
after
the
filing
of
the
final
report.
11
Sec.
59.
Section
633.681,
Code
2021,
is
amended
to
read
as
12
follows:
13
633.681
Assets
of
minor
ward
protected
person
exhausted.
14
When
the
assets
of
a
minor
ward’s
protected
person’s
15
conservatorship
are
exhausted
or
consist
of
personal
property
16
only
of
an
aggregate
value
not
in
excess
of
twenty-five
17
thousand
dollars,
the
court,
upon
application
or
upon
its
18
own
motion,
may
terminate
the
conservatorship.
The
order
19
for
termination
shall
direct
the
conservator
to
deliver
any
20
property
remaining
after
the
payment
of
allowed
claims
and
21
expenses
of
administration
to
a
custodian
under
any
uniform
22
transfers
to
minors
Act.
Such
delivery
shall
have
the
same
23
force
and
effect
as
if
delivery
had
been
made
to
the
ward
24
protected
person
after
attaining
majority.
25
Sec.
60.
Section
633.682,
Code
2021,
is
amended
to
read
as
26
follows:
27
633.682
Discharge
of
conservator
and
release
of
bond.
28
Upon
settlement
of
the
final
accounting
of
a
conservator,
29
and
upon
determining
that
the
property
of
the
ward
protected
30
person
has
been
delivered
to
the
person
or
persons
lawfully
31
entitled
thereto,
the
court
shall
discharge
the
conservator
and
32
exonerate
the
surety
on
the
conservator’s
bond.
33
EXPLANATION
34
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.
1
Guardians
are
persons
and
entities
appointed
by
the
2
court
to
make
decisions
for
persons
regarding
the
person’s
3
care,
maintenance,
health,
education,
welfare,
and
safety.
4
Conservators
are
appointed
by
the
court
to
make
decisions
for
5
persons
regarding
management
of
their
financial
affairs.
6
This
bill
amends
Code
provisions
governing
guardianships
and
7
conservatorships.
8
DIVISION
I
——
MINOR
GUARDIANSHIPS.
Under
current
law,
a
9
petition
for
guardianship
only
requires
the
address
and
name
10
of
any
adult
who
was
the
primary
caregiver
or
lived
with
the
11
minor
for
the
six
months
prior.
The
bill
provides
that
a
12
petition
for
guardianship
must
include
the
name
and
address
of
13
the
primary
caregiver
or
adult
with
whom
the
minor
has
lived
14
anytime
during
the
six
months
immediately
before
the
filing.
15
Under
the
bill,
the
petition
must
also
include
whether
there
is
16
already
a
conservatorship
in
place
for
the
minor.
17
The
bill
provides
that
notice
of
a
filed
petition
for
18
guardianship
shall
inform
parents,
who
have
not
filed
a
19
consent
to
the
appointment
of
a
guardian
with
the
court
that
20
the
parents
may
be
entitled
to
an
attorney
under
current
Code
21
section
232D.304.
22
The
bill
provides
the
qualifications
and
term
of
service
of
23
a
court
visitor
for
the
minor.
24
The
bill
provides
that
results
of
background
checks
of
25
the
proposed
guardian
in
the
6
months
prior
to
filing
of
the
26
petition
may
be
used;
current
law
permits
the
use
of
background
27
checks
within
the
prior
12
months.
Results
of
the
background
28
checks
may
be
shared
with
good
cause
to
the
proposed
guardian.
29
The
bill
provides
that
the
order
appointing
a
guardian
for
a
30
minor
shall
state
the
date
that
the
first
reporting
period
for
31
the
guardianship
will
end.
32
The
bill
provides
that
the
initial
care
plan
shall
include
33
the
guardian’s
plan
for
funds
and
benefits
payable
for
the
34
support
of
the
minor
and
the
verified
annual
report
shall
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include
the
results
of
the
guardian’s
efforts
to
receive
1
funds
or
benefits
and
the
account
for
the
use
of
the
funds
or
2
benefits.
3
The
bill
provides
that
upon
termination
of
guardianship
4
in
which
the
guardian
has
custody
of
the
minor’s
assets,
the
5
assets
must
be
returned
to
the
minor
or
a
fiduciary
for
the
6
minor
for
any
of
the
following
accounts:
a
uniform
transfer
to
7
minors
Act
account,
an
educational
savings
plan
trust
account,
8
or
an
ABLE
savings
plan
trust
account.
9
DIVISION
II
——
ADULT
GUARDIANSHIPS.
The
bill
changes
the
10
petition
for
appointment
of
guardian
or
conservator
for
an
11
adult
to
have
the
same
requirement
for
both
guardianship
and
12
conservatorships.
Currently,
conservatorships
are
not
required
13
to
provide
the
name
and
address
of
the
proposed
conservator
and
14
the
reason
why
the
conservator
was
chosen.
15
The
bill
provides
qualifications
of
who
is
qualified
to
16
serve
as
a
court
visitor
and
when
they
are
discharged.
current
17
law
does
not
provide
specific
qualifications
of
a
court
18
visitor.
19
The
bill
specifies
that
when
a
valid
power
of
attorney
has
20
been
executed
prior
to
an
appointment
of
a
conservator,
the
21
power
of
attorney
controls
and
the
conservator
must
adhere
to
22
the
relevant
provisions
of
Code
chapter
633B.
23
The
bill
provides
that
a
protected
person
has
20
days
to
24
contest
the
initial
financial
plan
for
conservatorships.
Under
25
current
law,
the
protected
individual
only
has
15
days.
26
The
bill
removes
the
standard
of
clear
and
convincing
27
evidence
to
prove
cause
for
termination
of
a
guardianship
or
28
conservatorship.
29
DIVISION
III
——
CONFORMING
CHANGES.
The
current
Code
uses
30
the
term
“ward”
to
refer
to
a
person
for
whom
the
court
has
31
appointed
a
guardian
or
conservator.
The
bill
substitutes
the
32
term
“protected
person”
for
the
term
“ward”.
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