Senate
Study
Bill
3149
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
administration
of
adult
and
minor
1
guardianships
and
conservatorships,
and
including
effective
2
date
and
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6348XC
(3)
88
as/jh
S.F.
_____
Section
1.
Section
232D.103,
Code
2020,
is
amended
to
read
1
as
follows:
2
232D.103
Jurisdiction.
3
The
juvenile
court
has
exclusive
jurisdiction
in
a
4
guardianship
proceeding
concerning
a
minor
who
is
alleged
to
be
5
in
need
of
a
guardianship
,
and
guardianships
of
minors
.
6
Sec.
2.
Section
232D.105,
subsection
1,
Code
2020,
is
7
amended
to
read
as
follows:
8
1.
A
petition
alleging
that
a
minor
is
in
need
of
a
9
conservatorship
is
not
subject
to
this
chapter
.
Such
10
proceedings
shall
be
governed
by
chapter
633
and
may
be
11
initiated
pursuant
to
section
633.627
633.557
.
12
Sec.
3.
Section
232D.301,
subsection
2,
paragraph
d,
13
subparagraph
(3),
Code
2020,
is
amended
to
read
as
follows:
14
(3)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
15
with
whom
the
minor
has
lived
for
at
least
six
months
prior
to
16
immediately
preceding
the
filing
of
the
petition.
17
Sec.
4.
Section
232D.302,
subsection
2,
Code
2020,
is
18
amended
to
read
as
follows:
19
2.
Notice
shall
be
served
upon
the
minor’s
known
parents
20
listed
in
the
petition
in
accordance
with
the
rules
of
civil
21
procedure.
If
a
parent
has
not
filed
an
affidavit
consenting
22
to
the
appointment
of
a
guardian,
the
notice
shall
inform
23
the
minor’s
known
parents
listed
in
the
petition
that
the
24
parents
are
entitled
to
representation
if
the
parents
meet
the
25
conditions
of
section
232D.304.
26
Sec.
5.
Section
232D.401,
subsection
3,
unnumbered
27
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
28
An
order
by
the
court
appointing
a
guardian
for
a
minor
shall
29
state
the
powers
granted
to
the
guardian.
Except
as
otherwise
30
limited
by
court
order,
the
court
may
grant
the
guardian
the
31
following
powers
,
which
may
be
exercised
without
prior
court
32
approval
:
33
Sec.
6.
Section
232D.501,
subsection
1,
paragraph
a,
Code
34
2020,
is
amended
by
adding
the
following
new
subparagraph:
35
-1-
LSB
6348XC
(3)
88
as/jh
1/
18
S.F.
_____
NEW
SUBPARAGRAPH
.
(2A)
The
guardian’s
plan,
if
any,
for
1
applying
for
and
receiving
funds
and
benefits
payable
for
the
2
support
of
the
minor.
3
Sec.
7.
Section
633.556,
subsections
4,
5,
and
8,
Code
2020,
4
are
amended
to
read
as
follows:
5
4.
The
petition
shall
list
the
name
and
address
of
the
6
petitioner
and
the
petitioner’s
relationship
to
the
respondent.
7
following:
8
a.
The
name
and
address
of
the
respondent.
9
b.
The
petitioner
and
the
petitioner’s
relationship
to
the
10
respondent.
11
c.
The
name
and
address
of
the
proposed
guardian
or
12
conservator
and
the
reason
the
proposed
guardian
or
conservator
13
should
be
selected.
14
5.
The
petition
shall
list
the
name
and
address,
to
the
15
extent
known,
of
the
following:
16
a.
The
name
and
address
of
the
proposed
guardian
and
the
17
reason
the
proposed
guardian
should
be
selected.
18
b.
a.
Any
spouse
of
the
respondent.
19
c.
b.
Any
adult
children
of
the
respondent.
20
d.
c.
Any
parents
of
the
respondent.
21
e.
d.
Any
adult,
who
has
had
the
primary
care
of
the
22
respondent
or
with
whom
the
respondent
has
lived
for
at
least
23
six
months
prior
to
immediately
preceding
the
filing
of
the
24
petition,
or
any
institution
or
facility
where
the
respondent
25
has
resided
for
at
least
six
months
prior
to
the
filing
of
the
26
petition.
27
f.
e.
Any
legal
representative
or
representative
payee
of
28
the
respondent.
29
g.
f.
Any
person
designated
as
an
attorney
in
fact
in
a
30
durable
power
of
attorney
for
health
care
which
is
valid
under
31
chapter
144B
,
or
any
person
designated
as
an
agent
in
a
durable
32
power
of
attorney
which
is
valid
under
chapter
633B
.
33
8.
The
petition
shall
provide
a
brief
description
of
34
the
respondent’s
alleged
functional
limitations
that
make
35
-2-
LSB
6348XC
(3)
88
as/jh
2/
18
S.F.
_____
the
respondent
unable
to
communicate
or
carry
out
important
1
decisions
concerning
the
respondent’s
financial
affairs.
2
Sec.
8.
Section
633.558,
subsection
3,
Code
2020,
is
amended
3
to
read
as
follows:
4
3.
Notice
of
the
filing
of
a
petition
given
to
persons
under
5
subsections
subsection
2
and
3
shall
include
a
statement
that
6
such
persons
may
register
to
receive
notice
of
the
hearing
7
on
the
petition
and
other
proceedings
and
the
manner
of
such
8
registration.
9
Sec.
9.
Section
633.561,
subsection
4,
paragraphs
c
and
f,
10
Code
2020,
are
amended
to
read
as
follows:
11
c.
Ensure
that
the
respondent
has
been
properly
advised
of
12
the
respondent’s
rights
in
a
guardianship
or
conservatorship
13
proceeding.
14
f.
Ensure
that
the
guardianship
or
conservatorship
15
procedures
conform
to
the
statutory
and
due
process
16
requirements
of
Iowa
law.
17
Sec.
10.
Section
633.561,
subsection
5,
paragraphs
a
and
b,
18
Code
2020,
are
amended
to
read
as
follows:
19
a.
Inform
the
respondent
of
the
effects
of
the
order
entered
20
for
appointment
of
guardian
or
conservator
.
21
b.
Advise
the
respondent
of
the
respondent’s
rights
to
22
petition
for
modification
or
termination
of
the
guardianship
23
or
conservatorship
.
24
Sec.
11.
Section
633.562,
subsection
5,
paragraphs
a
and
b,
25
Code
2020,
are
amended
to
read
as
follows:
26
a.
A
recommendation
regarding
the
appropriateness
of
a
27
limited
guardianship
or
conservatorship
for
the
respondent,
28
including
whether
less
restrictive
alternatives
are
available.
29
b.
A
statement
of
the
qualifications
of
the
guardian
or
30
conservator
together
with
a
statement
of
whether
the
respondent
31
has
expressed
agreement
with
the
appointment
of
the
proposed
32
guardian
or
conservator.
33
Sec.
12.
Section
633.562,
Code
2020,
is
amended
by
adding
34
the
following
new
subsection:
35
-3-
LSB
6348XC
(3)
88
as/jh
3/
18
S.F.
_____
NEW
SUBSECTION
.
7.
A
court
visitor
shall
be
discharged
1
from
all
further
duties
upon
appointment
of
a
guardian
or
2
conservator,
unless
further
ordered
by
the
court.
The
court
3
may
order
a
court
visitor
to
continue
to
serve
if
the
court
4
determines
continued
service
would
be
in
the
best
interest
of
5
the
protected
person.
If
the
court
continues
the
service
of
6
the
court
visitor,
the
court
may
limit
the
direct
duties
of
the
7
court
visitor
as
the
court
deems
necessary.
The
court
visitor
8
shall
thereafter
continue
to
serve
until
discharged
by
the
9
court.
10
Sec.
13.
Section
633.563,
subsection
7,
unnumbered
11
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
12
The
results
of
the
evaluation
ordered
by
the
court
shall
be
13
made
available
to
filed
with
the
court
and
made
available
to
14
the
following:
15
Sec.
14.
Section
633.569,
subsections
1,
2,
and
3,
Code
16
2020,
are
amended
to
read
as
follows:
17
1.
A
person
authorized
to
file
a
petition
under
section
18
633.552
,
633.553
,
or
633.554
633.556
or
633.557
may
file
an
19
application
for
the
emergency
appointment
of
a
temporary
20
guardian
or
conservator.
21
2.
Such
application
shall
state
all
of
the
following:
22
a.
The
name
and
address
of
the
respondent.
23
b.
The
name
and
address
of
the
petitioner.
24
b.
c.
The
name
and
address
of
the
proposed
guardian
or
25
conservator
and
the
reason
the
proposed
guardian
or
conservator
26
should
be
selected.
27
c.
d.
The
reason
the
emergency
appointment
of
a
temporary
28
guardian
or
conservator
is
sought.
29
3.
The
court
may
enter
an
ex
parte
order
appointing
a
30
temporary
guardian
or
conservator
on
an
emergency
basis
under
31
this
section
if
the
court
finds
that
all
of
the
following
32
conditions
are
met:
33
a.
There
is
not
sufficient
time
to
file
a
petition
and
hold
34
a
hearing
pursuant
to
section
633.552
,
633.553
,
or
633.554
35
-4-
LSB
6348XC
(3)
88
as/jh
4/
18
S.F.
_____
633.556
or
633.557
.
1
b.
The
appointment
of
a
temporary
guardian
or
conservator
2
is
necessary
to
avoid
immediate
or
irreparable
harm
to
the
3
respondent.
4
c.
There
is
reason
to
believe
that
the
basis
for
appointment
5
of
guardian
or
conservator
exists
under
section
633.552
,
6
633.553
,
or
633.554
633.556
or
633.557
.
7
Sec.
15.
Section
633.570,
subsections
1
and
2,
Code
2020,
8
are
amended
to
read
as
follows:
9
1.
In
a
proceeding
for
the
appointment
of
a
guardian,
10
the
respondent
shall
be
given
written
notice
which
advises
11
the
respondent
of
the
powers
that
that
the
court
may
grant
12
a
guardian
may
exercise
without
court
approval
pursuant
to
13
the
powers
set
out
in
section
633.635,
subsection
2
,
and
the
14
powers
that
the
guardian
may
exercise
only
with
court
approval
15
pursuant
to
set
out
in
section
633.635,
subsection
3
.
16
2.
In
a
proceeding
for
the
appointment
of
a
conservator,
17
the
respondent
shall
be
given
written
notice
which
advises
the
18
respondent
of
the
powers
that
the
court
may
grant
a
conservator
19
may
exercise
without
court
approval
pursuant
to
the
powers
set
20
out
in
section
633.646
and
the
powers
that
the
guardian
may
21
exercise
only
with
court
approval
pursuant
to
section
633.647
22
633.642
.
23
Sec.
16.
Section
633.635,
subsection
2,
unnumbered
24
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
25
Based
upon
the
evidence
produced
at
the
hearing,
the
court
26
may
grant
a
guardian
the
following
powers
and
duties
with
27
respect
to
a
protected
person
which
may
be
exercised
without
28
prior
court
approval
:
29
Sec.
17.
Section
633.635,
subsection
3,
unnumbered
30
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
31
A
Notwithstanding
subsection
2,
a
guardian
may
be
granted
32
the
following
powers
which
may
only
be
exercised
upon
court
33
approval:
34
Sec.
18.
Section
633.642,
unnumbered
paragraph
1,
Code
35
-5-
LSB
6348XC
(3)
88
as/jh
5/
18
S.F.
_____
2020,
is
amended
to
read
as
follows:
1
Except
as
otherwise
ordered
by
the
court
,
and
except
2
for
those
powers
relating
to
all
fiduciaries
as
set
out
in
3
sections
633.63
through
633.162
which
may
be
exercised
without
4
approval
of
the
court
unless
expressly
modified
by
the
court
,
5
a
conservator
must
give
notice
to
persons
entitled
to
notice
6
and
receive
specific
prior
authorization
by
the
court
before
7
the
conservator
may
take
any
other
action
on
behalf
of
the
8
protected
person.
These
other
powers
Powers
requiring
court
9
approval
include
but
are
not
limited
to
the
authority
of
the
10
conservator
to:
11
Sec.
19.
Section
633.669,
subsection
1,
Code
2020,
is
12
amended
to
read
as
follows:
13
1.
A
guardian
appointed
by
the
court
under
this
chapter
14
shall
file
with
the
court
the
following
written
verified
15
reports
which
shall
not
be
waived
by
the
court:
16
a.
An
initial
care
plan
filed
within
sixty
days
of
17
appointment.
The
information
in
the
initial
care
plan
shall
18
include
but
not
be
limited
to
the
following
information:
19
(01)
The
age
of
the
protected
person,
the
reasons
for
the
20
protected
person’s
guardianship,
and
the
highest
educational
21
level
attained
by
the
protected
person.
22
(1)
The
current
residence
of
the
protected
person
and
the
23
guardian’s
plan
for
the
protected
person’s
living
arrangements.
24
(2)
The
current
sources
of
payment
for
the
protected
25
person’s
living
expenses
and
other
expenses,
and
the
guardian’s
26
plan
for
payment
of
the
protected
person’s
living
expenses
and
27
other
expenses.
28
(3)
The
protected
person’s
health
status
and
health
care
29
needs,
and
the
guardian’s
plan
for
meeting
the
protected
30
person’s
needs
for
medical,
dental,
and
other
health
care
31
needs.
32
(3A)
A
concise
description
of
whether
the
protected
person
33
has
a
living
will
or
health
care
power
of
attorney,
if
any.
34
(4)
If
applicable,
the
protected
person’s
need
for
other
35
-6-
LSB
6348XC
(3)
88
as/jh
6/
18
S.F.
_____
professional
services
for
mental,
behavioral,
or
emotional
1
problems,
or
other
problems,
and
the
guardian’s
plan
for
other
2
professional
services
needed
by
the
protected
person.
3
(5)
If
applicable,
a
concise
statement
of
the
protected
4
person’s
employment
status,
the
protected
person’s
need
5
for
educational,
training,
or
vocational
services,
and
the
6
guardian’s
plan
for
meeting
the
educational,
training,
and
7
vocational
needs
of
the
protected
person.
8
(6)
If
applicable,
the
guardian’s
plan
for
facilitating
the
9
participation
of
the
protected
person
in
social
activities.
10
(7)
The
guardian’s
plan
for
facilitating
contacts
between
11
the
protected
person
and
the
protected
person’s
family
members
12
and
other
significant
persons.
13
(8)
The
guardian’s
plan
for
contact
with,
and
activities
on
14
behalf
of,
the
protected
person.
15
(9)
The
powers
that
the
guardian
requests
to
carry
out
the
16
initial
care
plan.
17
b.
An
annual
report,
filed
within
sixty
days
of
the
close
18
of
the
reporting
period
,
unless
the
court
otherwise
orders
on
19
good
cause
shown
.
The
information
in
the
annual
report
shall
20
include
but
not
be
limited
to
the
following
information:
21
(1)
The
current
living
arrangements
of
the
protected
22
person.
23
(2)
The
sources
of
payment
for
the
protected
person’s
living
24
expenses
and
other
expenses.
25
(3)
A
description,
if
applicable,
of
the
following:
26
(a)
The
protected
person’s
physical
and
mental
health
27
status
and
the
medical,
dental,
and
other
professional
health
28
services
provided
to
the
protected
person.
29
(0b)
The
protected
person’s
mental,
behavioral,
or
30
emotional
problems,
or
other
problems,
and
the
professional
31
services
provided
the
protected
person
for
mental,
behavioral,
32
or
emotional
problems,
or
other
problems.
33
(b)
If
applicable,
the
protected
person’s
employment
status
34
and
the
educational,
training,
and
vocational
services
provided
35
-7-
LSB
6348XC
(3)
88
as/jh
7/
18
S.F.
_____
to
the
protected
person.
1
(0c)
The
guardian’s
facilitation
of
the
participation
of
2
the
protected
person
in
social
activities.
3
(c)
The
contact
of
the
protected
person
with
family
members
4
and
other
significant
persons.
5
(d)
The
nature
and
extent
of
the
guardian’s
visits
with,
and
6
activities
on
behalf
of,
the
protected
person.
7
(04)
The
guardian’s
changes
to
the
care
plan
for
the
8
protected
person
for
the
next
annual
reporting
period.
9
(004)
The
powers
that
the
guardian
requests
to
carry
out
10
the
care
plan
for
the
protected
person
for
the
next
annual
11
reporting
period.
12
(4)
The
guardian’s
recommendation
as
to
the
need
for
13
continuation
of
the
guardianship.
14
(5)
The
ability
of
the
guardian
to
continue
as
guardian.
15
(6)
The
need
of
the
guardian
for
assistance
in
providing
or
16
arranging
for
the
provision
of
the
care
and
protection
of
the
17
protected
person.
18
c.
A
final
report
within
thirty
days
of
the
termination
19
of
the
guardianship
under
section
633.675
unless
that
time
is
20
extended
by
the
court.
21
Sec.
20.
Section
633.670,
Code
2020,
is
amended
to
read
as
22
follows:
23
633.670
Reports
by
conservators.
24
1.
A
conservator
appointed
by
the
court
under
this
chapter
25
shall
file
an
with
the
court
a
written
verified
initial
26
financial
management
plan
for
protecting,
managing,
investing,
27
expending,
and
distributing
the
assets
of
the
conservatorship
28
estate
within
ninety
days
after
appointment
which
shall
not
be
29
waived
by
the
court
.
The
plan
must
be
based
on
the
needs
of
30
the
protected
person
and
take
into
account
the
best
interest
31
of
the
protected
person
as
well
as
the
protected
person’s
32
preference,
values,
and
prior
directions
to
the
extent
known
33
to,
or
reasonably
ascertainable
by,
the
conservator.
34
a.
The
initial
plan
shall
include
all
of
the
following:
The
35
-8-
LSB
6348XC
(3)
88
as/jh
8/
18
S.F.
_____
initial
financial
management
plan
shall
state
the
protected
1
person’s
age,
residence,
living
arrangements,
and
sources
of
2
payment
for
living
expenses.
3
(1)
A
budget
containing
projected
expenses
and
resources,
4
including
an
estimate
of
the
total
amount
of
fees
the
5
conservator
anticipates
charging
per
year
and
a
statement
or
6
list
of
the
amount
the
conservator
proposes
to
charge
for
each
7
service
the
conservator
anticipates
providing
to
the
protected
8
person.
9
(2)
A
statement
as
to
how
the
conservator
will
involve
10
the
protected
person
in
decisions
about
management
of
the
11
conservatorship
estate.
12
(3)
If
ordered
by
the
court,
any
step
the
conservator
plans
13
to
take
to
develop
or
restore
the
ability
of
the
protected
14
person
to
manage
the
conservatorship
estate.
15
(4)
An
estimate
of
the
duration
of
the
conservatorship.
16
b.
If
applicable,
the
protected
person’s
will
shall
be
17
attached
to
the
plan
or
filed
with
the
court
and
the
protected
18
person’s
prepaid
burial
trust
and
powers
of
attorney
shall
be
19
described.
20
c.
The
conservator
shall
include
a
proposed
budget
for
the
21
protected
person
and
budget-related
information
for
the
next
22
annual
reporting
period
including
all
of
the
following:
23
(1)
The
protected
person’s
receipts
and
income
and
24
the
projected
sources
of
income
including,
if
applicable,
25
wages,
social
security
income,
pension
and
retirement
plan
26
distribution,
veterans’
benefits,
rental
income,
interest
27
earnings,
and
dividends,
and
the
total
estimated
receipts
and
28
income.
29
(2)
The
protected
person’s
liabilities
and
debts
including,
30
if
applicable,
mortgage,
car
loans,
credit
card
debt,
federal,
31
state,
and
property
taxes
owed
and
the
total
estimated
32
liabilities
and
debts;
a
list
and
concise
explanation
of
33
any
liability
or
debt
owed
by
the
protected
person
to
the
34
conservator;
a
list
and
concise
explanation
of
the
liability
of
35
-9-
LSB
6348XC
(3)
88
as/jh
9/
18
S.F.
_____
any
other
person
for
a
liability
of
the
protected
person.
1
(3)
The
protected
person’s
estimated
expenses
on
a
monthly
2
and
annual
basis
including,
if
applicable,
nursing
home
or
3
facility
charge,
real
property
expenses
for
residence,
food
and
4
household
expenses,
utilities,
household
help
and
caregiver
5
expenses,
health
services
and
health
insurance
expenses,
6
educational
and
vocational
expenses,
personal
auto
and
other
7
transportation
expenses,
clothing
expenses,
personal
allowance
8
and
other
personal
expenses,
liabilities
and
debts,
attorney
9
fees
and
other
professional
expenses,
conservator
fees,
and
10
other
administrative
expenses.
11
d.
The
conservator
shall
include
a
list
of
the
protected
12
person’s
assets
and
the
conservator’s
plan
for
management
13
of
these
assets
including,
if
applicable,
financial
14
accounts
including
checking
and
certificates
of
deposit
and
15
cash,
investments
including
stocks,
bonds,
mutual
funds,
16
exchange-traded
funds,
individual
retirement
accounts
and
other
17
investment
accounts,
pension,
profit-sharing,
annuities,
and
18
retirement
fund,
personal
property
including
household
goods
19
and
vehicles,
receivables
including
mortgages
and
liens
payable
20
to
the
protected
person’s
estate
or
trust,
life
insurance,
and
21
other
property.
22
e.
The
conservator
shall
include
a
statement
as
to
how
the
23
conservator
will
involve
the
protected
person
in
decisions
24
about
management
of
the
conservatorship
estate.
25
f.
If
ordered
by
the
court,
the
conservator
shall
include
26
any
action
the
conservator
plans
to
take
to
develop
or
27
restore
the
ability
of
the
protected
person
to
manage
the
28
conservatorship
estate.
29
g.
The
conservator
shall
include
the
authority
that
the
30
guardian
requests
to
carry
out
the
initial
financial
plan
31
including
expenditures
in
accordance
with
the
proposed
budget
32
for
the
protected
person
and
the
plan
for
the
management
of
the
33
assets
of
the
protected
person
for
the
next
annual
reporting
34
period.
35
-10-
LSB
6348XC
(3)
88
as/jh
10/
18
S.F.
_____
b.
h.
Within
two
days
after
filing
the
initial
plan,
the
1
conservator
shall
give
notice
of
the
filing
of
the
initial
plan
2
with
a
copy
of
the
plan
to
the
protected
person,
the
protected
3
person’s
attorney
,
if
any,
and
court
advisor
visitor
,
if
any,
4
and
others
as
directed
by
the
court.
The
notice
must
state
5
that
any
person
entitled
to
a
copy
of
the
plan
must
file
any
6
objections
to
the
plan
not
later
than
fifteen
days
after
it
is
7
filed.
8
c.
i.
At
least
twenty
days
after
the
plan
has
been
filed,
9
the
court
shall
review
and
determine
whether
the
plan
should
10
be
approved
or
revised,
after
considering
objections
filed
and
11
whether
the
plan
is
consistent
with
the
conservator’s
powers
12
and
duties.
13
d.
j.
After
approval
by
the
court,
the
conservator
shall
14
provide
a
copy
of
the
approved
plan
and
order
approving
the
15
plan
to
the
protected
person,
the
protected
person’s
attorney
,
16
if
any,
and
court
advisor
visitor
,
if
any,
and
others
as
17
directed
by
the
court.
18
e.
k.
The
conservator
shall
file
an
amended
plan
when
19
there
has
been
a
significant
change
in
circumstances
or
the
20
conservator
seeks
to
deviate
significantly
from
the
plan.
21
Before
the
amended
plan
is
implemented,
the
provisions
for
22
court
approval
of
the
plan
shall
be
followed
as
provided
in
23
paragraphs
“b”
,
“c”
,
and
“d”
“h”
,
“i”
,
and
“j”
.
24
2.
A
conservator
shall
file
an
inventory
of
the
protected
25
person’s
assets
within
ninety
days
after
appointment
which
26
includes
an
oath
or
affirmation
that
the
inventory
is
believed
27
to
be
complete
and
accurate
as
far
as
information
permits.
28
Copies
After
approval
by
the
court,
the
conservator
shall
29
provide
a
copy
of
the
inventory
shall
be
provided
to
the
30
protected
person,
the
protected
person’s
attorney
,
if
any,
31
and
court
advisor
visitor
,
if
any,
and
others
as
directed
by
32
the
court.
When
the
conservator
receives
additional
property
33
of
the
protected
person,
or
becomes
aware
of
its
existence,
34
a
description
of
the
property
shall
be
included
in
the
35
-11-
LSB
6348XC
(3)
88
as/jh
11/
18
S.F.
_____
conservator’s
next
annual
report.
1
3.
A
conservator
shall
file
a
written
and
verified
report
on
2
an
annual
basis
for
the
period
since
the
end
of
the
preceding
3
report
period
.
The
court
which
shall
not
waive
these
reports
4
be
waived
by
the
court
.
5
a.
These
reports
shall
include
all
of
the
following:
The
6
annual
report
shall
state
the
age,
the
residence
and
the
living
7
arrangements
of
the
protected
person,
and
sources
of
payment
8
for
the
protected
person’s
living
expenses
during
the
reporting
9
period.
10
(1)
Balance
of
funds
on
hand
at
the
beginning
and
end
of
the
11
period.
12
(2)
Disbursements
made.
13
(3)
Changes
in
the
conservator’s
plan.
14
(4)
List
of
assets
as
of
the
end
of
the
period.
15
(5)
Bond
amount
and
surety’s
name.
16
(6)
Residence
and
physical
location
of
the
protected
17
person.
18
(7)
General
physical
and
mental
condition
of
the
protected
19
person.
20
(8)
Other
information
reflecting
the
condition
of
the
21
conservatorship
estate.
22
b.
These
reports
shall
be
filed:
The
conservator
shall
23
submit
with
the
annual
report
an
inventory
of
the
assets
of
the
24
protected
person
as
of
the
last
day
of
the
reporting
period
25
including
the
total
value
of
assets
at
the
beginning
and
end
26
of
the
reporting
period.
27
(1)
On
an
annual
basis
within
sixty
days
of
the
end
of
the
28
reporting
period
unless
the
court
orders
an
extension
for
good
29
cause
shown
in
accordance
with
the
rules
of
probate
procedure.
30
c.
The
annual
report
shall
include
an
itemization
of
all
31
income
or
funds
received
and
all
expenditures
made
by
the
32
conservator
on
behalf
of
the
protected
person.
If
any
of
33
the
expenditures
were
made
to
provide
support
for
or
pay
the
34
debts
of
another
person,
the
annual
report
shall
include
an
35
-12-
LSB
6348XC
(3)
88
as/jh
12/
18
S.F.
_____
explanation
of
these
expenditures.
If
any
of
the
expenditures
1
were
made
to
pay
any
liability
or
debt
owed
by
the
protected
2
person
to
the
conservator,
the
annual
report
shall
include
an
3
explanation
of
these
expenditures.
If
any
of
the
expenditures
4
were
made
to
pay
any
liability
or
debt
that
is
also
owed
by
5
another
person
or
entity,
the
annual
report
shall
include
an
6
explanation
of
these
expenditures.
7
d.
The
annual
report
shall
include
the
following
budget
and
8
information
related
to
the
budget
for
the
protected
person:
9
(1)
A
description
of
changes,
if
any,
made
in
the
budget
10
approved
by
the
court
for
the
preceding
reporting
period.
11
(2)
A
proposed
budget
and
budget-related
information
for
12
the
next
reporting
period
containing
the
information
set
forth
13
in
subsection
1,
paragraph
“c”
.
14
(3)
A
request
for
approval
of
the
proposed
budget
and
15
authority
to
make
expenditures
in
accordance
with
the
proposed
16
budget.
17
e.
The
annual
report
shall
include
the
following
information
18
related
to
the
management
of
the
assets
of
the
protected
19
person:
20
(1)
A
description
of
changes,
if
any,
in
the
plan
for
21
management
of
the
assets
of
the
protected
person
approved
by
22
the
court
for
the
preceding
reporting
period.
23
(2)
A
proposed
plan
for
management
of
the
assets
of
the
24
protected
person
for
the
next
reporting
period.
25
(3)
A
request
for
approval
of
the
proposed
plan
for
26
management
of
the
assets
of
the
protected
person
and
the
27
authority
to
carry
out
the
plan.
28
f.
The
annual
report
shall
describe,
if
applicable,
how
the
29
protected
person
was
involved
and
will
be
involved
in
decisions
30
about
management
of
assets.
31
g.
The
annual
report
shall
describe,
if
ordered
by
the
32
court,
the
actions
that
have
been
taken
and
that
will
be
taken
33
by
the
conservator
to
develop
or
restore
the
ability
of
the
34
protected
person
to
manage
the
conservatorship’s
assets.
35
-13-
LSB
6348XC
(3)
88
as/jh
13/
18
S.F.
_____
h.
The
conservator
may
request
court
approval
of
fees
1
provided
by
an
attorney
on
behalf
of
the
conservatorship
or
the
2
protected
person
during
the
preceding
reporting
period.
3
i.
The
conservator
may
request
court
approval
of
fees
4
provided
the
conservator
on
behalf
of
the
conservatorship
or
5
the
protected
person
during
the
preceding
reporting
period.
6
4.
The
conservator
shall
file
a
written
verified
final
7
report
with
the
court
as
follows:
8
(2)
a.
Within
thirty
days
following
removal
of
the
9
conservator.
10
(3)
b.
Upon
the
conservator’s
filing
of
a
resignation
and
11
before
the
resignation
is
accepted
by
the
court.
12
(4)
c.
Within
sixty
days
following
the
termination
of
the
13
conservatorship.
14
(5)
d.
At
other
times
as
ordered
by
the
court.
15
c.
5.
Reports
required
by
this
section
shall
be
served
16
on
the
protected
person,
the
protected
person’s
attorney
and
17
court
advisor
,
if
any,
and
the
veterans
administration
if
the
18
protected
person
is
receiving
veterans
benefits.
19
Sec.
21.
Section
633.675,
subsections
2,
3,
and
4,
Code
20
2020,
are
amended
to
read
as
follows:
21
2.
The
court
shall
terminate
a
guardianship
for
an
adult
22
if
it
finds
by
clear
and
convincing
evidence
that
the
basis
23
for
appointing
a
guardian
pursuant
to
section
633.552
is
not
24
satisfied.
25
3.
The
court
shall
terminate
a
conservatorship
for
an
adult
26
if
the
court
finds
by
clear
and
convincing
evidence
that
the
27
basis
for
appointing
a
conservator
pursuant
to
section
633.553
28
or
633.554
is
not
satisfied.
29
4.
The
standard
of
proof
and
the
burden
of
proof
to
be
30
applied
in
a
termination
proceeding
to
terminate
a
guardianship
31
or
conservatorship
for
an
adult
shall
be
the
same
as
set
forth
32
in
section
633.551,
subsection
2
.
33
Sec.
22.
REPORTS
AND
POWERS
OF
GUARDIANS
AND
CONSERVATORS
——
34
TRANSITION
PROVISIONS.
35
-14-
LSB
6348XC
(3)
88
as/jh
14/
18
S.F.
_____
1.
Minor
guardianships.
Notwithstanding
the
provisions
1
of
section
232D.501,
subsection
1,
paragraph
“a”,
designating
2
a
verified
initial
care
plan
be
filed
by
the
guardian
within
3
sixty
days
of
appointment,
for
all
minor
guardianship
cases
4
wherein
the
guardianship
was
established
and
the
guardian
was
5
appointed
prior
to
January
1,
2020,
the
initial
care
plan
6
required
by
section
232D.501,
subsection
1,
paragraph
“a”,
7
shall
be
filed
with
the
previously
scheduled
annual
report.
8
The
annual
report
must
comply
with
the
requirements
set
forth
9
in
section
232D.501,
subsection
1,
paragraph
“a”.
Guardians
10
appointed
prior
to
January
1,
2020,
have
continuing
authority
11
to
perform
acts
concerning
the
protected
person
that
were
12
authorized
prior
to
January
1,
2020,
through
the
date
of
the
13
guardian’s
previously
scheduled
annual
report.
14
2.
Adult
guardianships.
Notwithstanding
the
provisions
of
15
section
633.669,
subsection
1,
paragraph
“a”,
designating
an
16
initial
care
plan
be
filed
by
the
guardian
within
sixty
days
17
of
appointment,
for
all
adult
guardianship
cases
wherein
the
18
guardianship
was
established
and
the
guardian
was
appointed
19
prior
to
January
1,
2020,
the
initial
care
plan
required
by
20
section
633.669,
subsection
1,
paragraph
“a”,
shall
be
filed
21
with
the
previously
scheduled
annual
report.
The
annual
report
22
must
comply
with
the
requirements
set
forth
in
section
633.669,
23
subsection
1,
paragraph
“a”.
Guardians
appointed
prior
to
24
January
1,
2020,
have
continuing
authority
to
perform
acts
25
concerning
the
protected
person
that
were
authorized
prior
to
26
January
1,
2020,
through
the
date
of
the
guardian’s
previously
27
scheduled
annual
report.
28
3.
Conservatorships.
Notwithstanding
the
provisions
of
29
section
633.670,
subsection
1,
paragraph
“a”,
and
section
30
633.670,
subsection
2,
designating
an
initial
plan
and
31
inventory
be
filed
within
ninety
days
of
appointment,
for
32
all
conservatorship
cases
wherein
the
conservatorship
was
33
established
and
the
conservator
was
appointed
prior
to
34
January
1,
2020,
the
initial
plan
required
by
section
633.670,
35
-15-
LSB
6348XC
(3)
88
as/jh
15/
18
S.F.
_____
subsection
1,
paragraph
“a”,
and
inventory
required
by
section
1
633.670,
subsection
2,
shall
be
filed
with
the
previously
2
scheduled
annual
report.
The
annual
report
must
comply
with
3
the
requirements
set
forth
in
section
633.670,
subsection
3,
4
paragraph
“a”.
Conservators
appointed
prior
to
January
1,
5
2020,
have
continuing
authority
to
perform
acts
concerning
the
6
protected
person
that
were
authorized
prior
to
January
1,
2020,
7
through
the
date
of
the
conservator’s
previously
scheduled
8
annual
report.
9
Sec.
23.
EFFECTIVE
DATE.
The
following,
being
deemed
of
10
immediate
importance,
takes
effect
upon
enactment:
11
The
section
of
this
Act
relating
to
transition
provisions
12
for
reports
and
powers
of
guardians
and
conservators.
13
Sec.
24.
RETROACTIVE
APPLICABILITY.
The
following
applies
14
retroactively
to
January
1,
2020:
15
The
section
of
this
Act
relating
to
transition
provisions
16
for
reports
and
powers
of
guardians
and
conservators.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
administration
of
adult
and
minor
21
guardianships
and
conservatorships,
and
includes
effective
date
22
and
retroactive
applicability
provisions.
23
Under
current
law,
the
juvenile
court
has
exclusive
24
jurisdiction
of
guardianship
proceedings.
The
bill
provides
25
that
the
juvenile
court
also
has
exclusive
jurisdiction
over
26
guardianships
of
minors.
27
The
bill
changes
a
Code
reference
for
a
petition
to
appoint
a
28
conservator
for
a
minor.
29
The
bill
provides
that
notice
of
a
guardianship
proceeding
30
must
be
given
to
any
adult
with
whom
the
minor
has
lived
for
the
31
six
months
immediately
preceding
the
filing
of
the
petition.
32
The
bill
further
provides
that
if
a
minor’s
known
parents
33
have
not
consented
to
the
appointment
of
a
guardian,
the
notice
34
of
the
filing
of
a
guardianship
petition
shall
inform
the
known
35
-16-
LSB
6348XC
(3)
88
as/jh
16/
18
S.F.
_____
parents
that
they
are
entitled
to
representation
if
they
meet
1
the
conditions
in
Code
section
232D.304.
2
The
bill
strikes
a
reference
to
“without
prior
court
3
approval”
in
a
Code
section
listing
powers
a
court
may
grant
4
to
a
guardian.
5
The
bill
also
directs
that
the
initial
verified
care
plan
6
must
include
the
guardian’s
plan
for
applying
and
receiving
7
funds
and
benefits
for
the
support
of
the
minor.
8
The
bill
amends
current
law
to
provide
that
Code
sections
9
apply
to
both
guardianships
and
conservatorships
of
adults.
10
The
bill
provides
that
a
court
visitor
will
be
discharged
11
upon
the
appointment
of
a
guardian
or
conservator
unless
12
ordered
by
the
court
to
continue.
13
The
bill
specifies
that
a
court-ordered
professional
14
evaluation
conducted
at
or
before
a
hearing
on
a
petition
for
15
the
appointment
of
a
guardian
or
conservator
must
be
filed
with
16
the
court.
17
The
bill
amends
language
concerning
powers
which
a
guardian
18
or
conservator
may
be
granted
that
can
be
exercised
without
19
further
court
approval.
The
bill
also
amends
powers
of
a
20
conservator
which
require
further
court
approval
before
being
21
exercised.
22
The
bill
amends
the
information
required
to
be
contained
in
23
a
guardian’s
written
verified
reports
including
the
initial
24
care
plan
and
annual
reports,
and
information
required
to
be
25
included
in
reports
by
conservators
including
the
initial
26
financial
management
plan,
the
annual
report,
and
the
final
27
report.
28
2019
Iowa
Acts,
chapters
56
and
57,
amended
the
laws
29
regarding
guardianships
and
conservatorships,
including
30
requirements
relating
to
required
reports.
31
The
bill
provides
that
for
all
guardianship
cases
wherein
32
the
guardianship
was
established
and
the
guardian
was
appointed
33
prior
to
January
1,
2020,
the
initial
care
plan
for
minors
and
34
for
adults
shall
be
filed
with
the
previously
scheduled
annual
35
-17-
LSB
6348XC
(3)
88
as/jh
17/
18
S.F.
_____
report
and
not
within
60
days
of
the
initial
appointment
as
1
specified
by
2019
Iowa
Acts,
chapters
56
and
57,
respectively.
2
The
annual
report
must
comply
with
Code
requirements
and
3
guardians
appointed
prior
to
January
1,
2020,
have
continuing
4
authority
to
perform
acts
concerning
the
protected
person
5
that
were
authorized
prior
to
January
1,
2020,
through
the
6
date
of
the
guardian’s
previously
scheduled
annual
report.
7
This
provision
of
the
bill
takes
effect
upon
enactment
and
is
8
retroactively
applicable
to
January
1,
2020.
9
The
bill
provides
that
for
all
conservatorship
cases
wherein
10
the
conservatorship
was
established
and
the
conservator
was
11
appointed
prior
to
January
1,
2020,
the
initial
plan
and
12
inventory
shall
be
filed
with
the
previously
scheduled
annual
13
report,
and
not
within
90
days
of
appointment
as
specified
by
14
2019
Iowa
Acts,
chapter
57.
The
annual
report
must
comply
15
with
Code
requirements
and
conservators
appointed
prior
to
16
January
1,
2020,
have
continuing
authority
to
perform
acts
17
concerning
the
protected
person
that
were
authorized
prior
18
to
January
1,
2020,
through
the
date
of
the
conservator’s
19
previously
scheduled
annual
report.
This
provision
of
the
bill
20
takes
effect
upon
enactment
and
is
retroactively
applicable
to
21
January
1,
2020.
22
-18-
LSB
6348XC
(3)
88
as/jh
18/
18