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