Bill Text: IA SSB3131 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the initial care plan for minor and adult guardianships and the initial plan and inventory for adult conservatorships, and including effective date and retroactive applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-18 - Committee report approving bill, renumbered as SF 2323. [SSB3131 Detail]
Download: Iowa-2019-SSB3131-Introduced.html
Senate
Study
Bill
3131
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
initial
care
plan
for
minor
and
adult
1
guardianships
and
the
initial
plan
and
inventory
for
2
adult
conservatorships,
and
including
effective
date
and
3
retroactive
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
REPORTS
AND
POWERS
OF
GUARDIANS
AND
CONSERVATORS
1
——
TRANSITION
PROVISIONS.
2
1.
Minor
guardianships.
Notwithstanding
the
provisions
3
of
section
232D.501,
subsection
1,
paragraph
“a”,
designating
4
a
verified
initial
care
plan
be
filed
by
the
guardian
within
5
sixty
days
of
appointment,
for
all
minor
guardianship
cases
6
wherein
the
guardianship
was
established
and
the
guardian
was
7
appointed
prior
to
January
1,
2020,
the
initial
care
plan
8
required
by
section
232D.501,
subsection
1,
paragraph
“a”,
9
shall
be
filed
with
the
previously
scheduled
annual
report.
10
The
annual
report
must
comply
with
the
requirements
set
forth
11
in
section
232D.501,
subsection
1,
paragraph
“a”.
Guardians
12
appointed
prior
to
January
1,
2020,
have
continuing
authority
13
to
perform
acts
concerning
the
protected
person
that
were
14
authorized
prior
to
January
1,
2020,
through
the
date
of
the
15
guardian’s
previously
scheduled
annual
report.
16
2.
Adult
guardianships.
Notwithstanding
the
provisions
of
17
section
633.669,
subsection
1,
paragraph
“a”,
designating
an
18
initial
care
plan
be
filed
by
the
guardian
within
sixty
days
19
of
appointment,
for
all
adult
guardianship
cases
wherein
the
20
guardianship
was
established
and
the
guardian
was
appointed
21
prior
to
January
1,
2020,
the
initial
care
plan
required
by
22
section
633.669,
subsection
1,
paragraph
“a”,
shall
be
filed
23
with
the
previously
scheduled
annual
report.
The
annual
report
24
must
comply
with
the
requirements
set
forth
in
section
633.669,
25
subsection
1,
paragraph
“a”.
Guardians
appointed
prior
to
26
January
1,
2020,
have
continuing
authority
to
perform
acts
27
concerning
the
protected
person
that
were
authorized
prior
to
28
January
1,
2020,
through
the
date
of
the
guardian’s
previously
29
scheduled
annual
report.
30
3.
Conservatorships.
Notwithstanding
the
provisions
of
31
section
633.670,
subsection
1,
paragraph
“a”,
and
section
32
633.670,
subsection
2,
designating
an
initial
plan
and
33
inventory
be
filed
within
ninety
days
of
appointment,
for
34
all
conservatorship
cases
wherein
the
conservatorship
was
35
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established
and
the
conservator
was
appointed
prior
to
1
January
1,
2020,
the
initial
plan
required
by
section
633.670,
2
subsection
1,
paragraph
“a”,
and
inventory
required
by
section
3
633.670,
subsection
2,
shall
be
filed
with
the
previously
4
scheduled
annual
report.
The
annual
report
must
comply
with
5
the
requirements
set
forth
in
section
633.670,
subsection
3,
6
paragraph
“a”.
Conservators
appointed
prior
to
January
1,
7
2020,
have
continuing
authority
to
perform
acts
concerning
the
8
protected
person
that
were
authorized
prior
to
January
1,
2020,
9
through
the
date
of
the
conservator’s
previously
scheduled
10
annual
report.
11
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
12
importance,
takes
effect
upon
enactment.
13
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
14
retroactively
to
January
1,
2020.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
initial
care
plan
for
minor
and
19
adult
guardianships
and
the
initial
plan
and
inventory
for
20
conservatorships.
21
2019
Iowa
Acts,
chapters
56
and
57,
amended
the
laws
22
regarding
guardianships
and
conservatorships,
including
23
requirements
relating
to
required
reports.
24
The
bill
provides
that
for
all
guardianship
cases
wherein
25
the
guardianship
was
established
and
the
guardian
was
appointed
26
prior
to
January
1,
2020,
the
initial
care
plan
for
minors
and
27
for
adults
shall
be
filed
with
the
previously
scheduled
annual
28
report
and
not
within
60
days
of
the
initial
appointment
as
29
specified
by
2019
Iowa
Acts,
chapters
56
and
57,
respectively.
30
The
annual
report
must
comply
with
Code
requirements
and
31
guardians
appointed
prior
to
January
1,
2020,
have
continuing
32
authority
to
perform
acts
concerning
the
protected
person
that
33
were
authorized
prior
to
January
1,
2020,
through
the
date
of
34
the
guardian’s
previously
scheduled
annual
report.
35
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The
bill
provides
that
for
all
conservatorship
cases
wherein
1
the
conservatorship
was
established
and
the
conservator
was
2
appointed
prior
to
January
1,
2020,
the
initial
plan
and
3
inventory
shall
be
filed
with
the
previously
scheduled
annual
4
report,
and
not
within
90
days
of
appointment
as
specified
by
5
2019
Iowa
Acts,
chapter
57.
The
annual
report
must
comply
with
6
Code
requirements
and
conservators
appointed
prior
to
January
7
1,
2020,
have
continuing
authority
to
perform
acts
concerning
8
the
protected
person
that
were
authorized
prior
to
January
9
1,
2020,
through
the
date
of
the
conservator’s
previously
10
scheduled
annual
report.
11
The
bill
takes
effect
upon
enactment
and
is
retroactively
12
applicable
to
January
1,
2020.
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