Iowa Legislature: HF650

House File 650 - IntroducedA Bill ForAn Act 1relating to the creation, administration, and
2termination of adult and minor guardianships and
3conservatorships.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Minor Guardianships
3   Section 1.  Section 232.3, subsection 1, Code 2023, is
4amended to read as follows:
   51.  During the pendency of an action under this chapter, a
6party to the action is estopped from litigating concurrently
7the custody, guardianship, or placement of a child who is the
8subject of the action, in a court other than the juvenile court
9with jurisdiction of the pending action under this chapter. A
10district judge, district associate judge, juvenile court judge,
11 magistrate, or judicial hospitalization referee, upon notice
12of the pendency of an action under this chapter, shall not
13issue an order, finding, or decision relating to the custody,
14guardianship, or placement of the child who is the subject of
15the action, under any law, including but not limited to chapter
16232D, 598, or 598B, or 633.
17   Sec. 2.  Section 232D.103, Code 2023, is amended to read as
18follows:
   19232D.103  Jurisdiction.
   20The juvenile court has exclusive jurisdiction in a
21guardianship proceeding concerning a minor who is alleged to be
22in need of a guardianship and guardianships of minors.
23   Sec. 3.  NEW SECTION.  232D.107  Confidentiality.
   24Official juvenile court records in guardianship proceedings
25shall be confidential and are not public records. The court,
26at its discretion, may authorize other persons to access such
27records. Confidential records may be inspected and their
28contents shall be disclosed to all of the following without
29court order, provided that a person or entity who inspects
30or receives a confidential record under this section shall
31not disclose the confidential record or its contents unless
32permitted by law:
   331.  The judge and professional court staff.
   342.  The minor and the minor’s counsel.
   353.  The minor’s parent, guardian or custodian, court
-1-1visitor, and any counsel representing such person.
2   Sec. 4.  Section 232D.301, subsection 2, paragraph d,
3subparagraph (3), Code 2023, is amended to read as follows:
   4(3)  Any adult who has had the primary care of the minor or
5with whom the minor has lived for at least any time during the
6 six months prior to immediately preceding the filing of the
7petition.
8   Sec. 5.  Section 232D.301, subsection 4, Code 2023, is
9amended to read as follows:
   104.  The petition shall state whether a limited guardianship
11is appropriate, and whether a conservatorship for the minor is
12already in existence.
13   Sec. 6.  Section 232D.302, subsection 2, Code 2023, is
14amended to read as follows:
   152.  Notice shall be served upon the minor’s known parents
16listed in the petition in accordance with the rules of civil
17procedure. If the parent has not filed a consent to the
18appointment of a guardian, the notice shall inform any parent
19named in the petition that the parent may be entitled to
20representation under the conditions described in section
21232D.304.
22   Sec. 7.  Section 232D.305, subsection 1, Code 2023, is
23amended to read as follows:
   241.  The court may appoint a court visitor for the minor. A
25person is qualified to serve as a court visitor if the court
26determines the person has demonstrated sufficient knowledge of
27guardianships to adequately perform the duties in subsection 3.
28   Sec. 8.  Section 232D.305, subsection 3, paragraph b, Code
292023, is amended to read as follows:
   30b.  Explaining to the minor, if the minor’s age is
31appropriate, the substance of the petition, the purpose and
32effect of the guardianship proceeding, the rights of the
33minor at the hearing, and the general powers and duties of a
34guardian.
35   Sec. 9.  Section 232D.305, Code 2023, is amended by adding
-2-1the following new subsection:
2   NEW SUBSECTION.  6.  The court may order a court visitor to
3continue to serve if the court determines continued service
4would be in the best interest of the minor. If the court
5continues the services of the court visitor, the court may
6limit the direct duties of the court visitor as the court deems
7necessary in which case the court visitor shall thereafter
8continue to serve until discharged by the court. If the
9court does not order the court visitor to continue, the order
10appointing the guardian shall discharge the court visitor.
11   Sec. 10.  Section 232D.306, Code 2023, is amended by adding
12the following new subsection:
13   NEW SUBSECTION.  4.  A hearing on the petition may be
14recorded if a court reporter is not used.
15   Sec. 11.  Section 232D.307, subsection 1, Code 2023, is
16amended to read as follows:
   171.  The court shall request criminal record checks and checks
18of the child abuse, dependent adult abuse, and sex offender
19registries in this state for all proposed guardians other than
20financial institutions with Iowa trust powers unless a proposed
21guardian has undergone the required background checks in this
22section within the twelve six months prior to the filing of
23a petition and the background check has been provided to the
24court.
25   Sec. 12.  Section 232D.401, subsection 1, Code 2023, is
26amended to read as follows:
   271.  The order by the court appointing a guardian for a minor
28shall state the basis for the order and the date on which the
29first reporting period for the guardianship will end.
30   Sec. 13.  Section 232D.401, subsection 3, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
   32An order by the court appointing a guardian for a minor shall
33state the powers granted to the guardian until such time as the
34guardian files an initial care plan and such plan is approved
35by the court as required by section 232D.501, subsection 4.
-3-1Except as otherwise limited by court an order appointing a
2guardian for a minor, the court may grant the guardian the
3following powers, which may be exercised without prior court
4approval:
5   Sec. 14.  Section 232D.501, subsection 1, paragraph a, Code
62023, is amended by adding the following new subparagraph:
7   NEW SUBPARAGRAPH.  (03)  The guardian’s plan, if any, for
8applying for and receiving funds and benefits payable for the
9support of the minor.
10   Sec. 15.  Section 232D.501, subsection 1, paragraph b, Code
112023, is amended by adding the following new subparagraphs:
12   NEW SUBPARAGRAPH.  (11)  The results of the guardian’s
13efforts to apply for funds or benefits for the minor, and
14an accounting for the use of such funds or benefits by the
15guardian.
16   NEW SUBPARAGRAPH.  (12)  Any other information the guardian
17deems necessary for the court to consider.
18   Sec. 16.  Section 232D.501, Code 2023, is amended by adding
19the following new subsection:
20   NEW SUBSECTION.  5.  The court, for good cause, may extend
21the deadline for filing required reports. Required reports of
22a guardian which are not timely filed and which are delinquent,
23and for which no extension for filing has been granted by the
24court, shall be administered in the same manner as provided in
25section 633.32.
26DIVISION II
27Adult Guardianships and Minor and Adult Conservatorships
28   Sec. 17.  Section 235B.6, subsection 2, paragraph d, Code
292023, is amended by adding the following new subparagraph:
30   NEW SUBPARAGRAPH.  (7)  To a district court conducting
31checks of the dependent adult abuse registry for all proposed
32guardians and conservators pursuant to section 633.564.
33   Sec. 18.  Section 633.556, subsections 4, 5, and 8, Code
342023, are amended to read as follows:
   354.  The petition shall list the name and address all of the
-4-1petitioner and the petitioner’s relationship to the respondent
2 following:
   3a.  The name and address of the respondent.
   4b.  The name and address of the petitioner, and the
5petitioner’s relationship to the respondent.
   6c.  The name and address of the proposed guardian or
7conservator, and the reason the proposed guardian or
8conservator should be selected.
   95.  The petition shall list the name and address, to the
10extent known, of the following:
   11a.  The name and address of the proposed guardian and the
12reason the proposed guardian should be selected.
   13b.    a.  Any spouse of the respondent.
   14c.    b.  Any adult children of the respondent.
   15d.    c.  Any parents of the respondent.
   16e.    d.  Any adult, who has had the primary care of the
17respondent or with whom the respondent has lived for at least
18 any time during the six months prior to immediately preceding
19 the filing of the petition, or any institution or facility
20where the respondent has resided for at least six months prior
21to any time during the six months immediately preceding the
22filing of the petition.
   23f.    e.  Any legal representative or representative payee of
24the respondent.
   25g.    f.  Any person designated as an attorney in fact in a
26durable power of attorney for health care which is valid under
27chapter 144B, or any person designated as an agent in a durable
28power of attorney which is valid under chapter 633B.
   298.  The petition shall provide a brief description of
30the respondent’s alleged functional limitations that make
31the respondent unable to communicate or carry out important
32decisions concerning the respondent’s financial affairs if
33the petition is for appointment of a conservator for an adult
34respondent, or a brief description of the respondent’s alleged
35inability to care for the respondent’s safety or provide for
-5-1necessities such as food, shelter, clothing, or medical care
2without which physical injury or illness may occur if the
3petition requests the appointment of a guardian.
4   Sec. 19.  Section 633.560, subsection 3, Code 2023, is
5amended to read as follows:
   63.  The court shall require the proposed guardian or
7conservator to attend the hearing on the petition but the court
8may excuse the proposed guardian’s or conservator’s attendance
9for good cause shown.
10   Sec. 20.  Section 633.561, subsection 6, Code 2023, is
11amended to read as follows:
   126.  If the court determines that it would be in the
13respondent’s best interest to have legal representation
14with respect to any further proceedings in a guardianship
15or conservatorship, the court may appoint an attorney to
16represent the respondent at the expense of the respondent or
17the respondent’s estate, or if the respondent is indigent the
18cost of the court appointed attorney shall be assessed against
19the county in which the proceedings are pending.
20   Sec. 21.  Section 633.562, subsection 1, Code 2023, is
21amended to read as follows:
   221.  If the court determines that the appointment of a court
23visitor would be in the best interest of the respondent, the
24court shall appoint a court visitor at the expense of the
25respondent or the respondent’s estate, or, if the respondent
26is indigent, the cost of the court visitor shall be assessed
27against the county in which the proceedings are pending. The
28court may appoint any qualified person as a court visitor in
29a guardianship or conservatorship proceeding. A person is
30qualified to serve in this capacity if the court determines the
31person has demonstrated sufficient knowledge of guardianships
32or conservatorships to adequately perform the duties in
33subsection 3.
34   Sec. 22.  Section 633.562, subsection 3, paragraph b, Code
352023, is amended to read as follows:
-6-   1b.  Explaining to the respondent the substance of the
2petition, the purpose and effect of the guardianship or
3conservatorship proceeding, the rights of the respondent at
4the hearing, and the general powers and duties of a guardian
5or conservator.
6   Sec. 23.  Section 633.562, Code 2023, is amended by adding
7the following new subsection:
8   NEW SUBSECTION.  7.  A court visitor shall be discharged
9from all further duties upon appointment of a guardian or
10conservator unless otherwise ordered by the court. The court
11may order a court visitor to continue to serve if the court
12determines continued service would be in the best interest of
13the protected person. If the court continues the service of
14the court visitor, the court may limit the direct duties of the
15court visitor as the court deems necessary. The court visitor
16shall thereafter continue to serve until discharged by the
17court.
18   Sec. 24.  Section 633.563, subsection 1, Code 2023, is
19amended by adding the following new paragraph:
20   NEW PARAGRAPH.  c.  The petition is for opening a
21conservatorship for a minor.
22   Sec. 25.  Section 633.564, subsection 1, Code 2023, is
23amended to read as follows:
   241.  The court shall request criminal record checks and checks
25of the child abuse, dependent adult abuse, and sexual offender
26registries in this state for all proposed guardians and
27conservators, other than financial institutions with Iowa trust
28powers, unless a proposed guardian or conservator has undergone
29the background checks required by this section within the six
30months prior to the filing of a petition and the background
31check has been provided to the court.
32   Sec. 26.  Section 633.569, subsections 1, 2, and 3, Code
332023, are amended to read as follows:
   341.  A person authorized to file a petition under section
35633.552, 633.553, or 633.554 633.556 or 633.557 may file an
-7-1application for the emergency appointment of a temporary
2guardian or conservator.
   32.  Such application shall state all of the following:
   4a.  The name and address of the respondent.
   5b.  The name and address of the petitioner and the
6petitioner’s relationship to the respondent.
   7b.    c.  The name and address of the proposed guardian or
8conservator and the reason the proposed guardian or conservator
9should be selected.
   10d.  The names and addresses, to the extent known, of any
11other persons who must be named in the petition for the
12appointment of a guardian or conservator under section 633.556
13or 633.557.
   14c.    e.  The reason the emergency appointment of a temporary
15guardian or conservator is sought.
   163.  The court may enter an ex parte order appointing a
17temporary guardian or conservator on an emergency basis under
18this section if the court finds that all of the following
19conditions are met:
   20a.  There is not sufficient time to file a petition and hold
21a hearing pursuant to section 633.552, 633.553, or 633.554
22 633.556, 633.557, or 633.560.
   23b.  The appointment of a temporary guardian or conservator
24is necessary to avoid immediate or irreparable harm to the
25respondent before a hearing with notice to the respondent can
26be held.
   27c.  There is reason to believe that the basis for appointment
28of guardian or conservator exists under section 633.552,
29633.553, or 633.554 633.556 or 633.557.
30   Sec. 27.  Section 633.569, Code 2023, is amended by adding
31the following new subsections:
32   NEW SUBSECTION.  8.  The court may order an extension of
33the temporary guardianship or conservatorship for good cause
34shown. Prior to or contemporaneously with the filing for
35an application for the extension of time, the guardian or
-8-1conservator shall file a report with the court setting forth
2all of the following:
   3a.  All actions conducted by the guardian or conservator on
4behalf of the protected person from the time of the initial
5appointment of the guardian up to the time of the report.
   6b.  All actions that the guardian or conservator plans to
7conduct on behalf of the protected person during the extension
8period.
9   NEW SUBSECTION.  9.  The temporary guardian or conservator
10shall submit any other report the court requires.
11   Sec. 28.  Section 633.570, subsections 1 and 2, Code 2023,
12are amended to read as follows:
   131.  In a proceeding for the appointment of a guardian, the
14respondent shall be given written notice which advises the
15respondent of the powers that the court may grant a guardian
16may exercise without court approval pursuant to the powers set
17out in section 633.635, subsection 2, and the powers that the
18guardian may exercise only with court approval pursuant to set
19out in section 633.635, subsection 3.
   202.  In a proceeding for the appointment of a conservator,
21the respondent shall be given written notice which advises the
22respondent of the powers that the court may grant a conservator
23may exercise without court approval pursuant to section 633.646
24 and the powers that the conservator may exercise only with
25court approval pursuant to section 633.647 the powers set out
26in sections 633.641 and 633.642.
27   Sec. 29.  Section 633.635, subsection 3, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
   29A Notwithstanding subsection 2, a guardian may be granted
30the following powers which may only be exercised upon court
31approval:
32   Sec. 30.  Section 633.641, subsection 3, Code 2023, is
33amended to read as follows:
   343.  If the court appoints a conservator for a protected
35person who has previously executed a valid power of attorney
-9-1under chapter 633B, the conservator shall act in accordance
2with the applicable provisions of chapter 633B the power of
3attorney is suspended unless the power of attorney provides
4otherwise or unless the court determines the power of attorney
5should continue. If the power of attorney continues, the agent
6is accountable to the conservator as well as to the protected
7person. The power of attorney shall be reinstated upon
8termination of the conservatorship as a result of the protected
9person regaining capacity.
10   Sec. 31.  Section 633.642, Code 2023, is amended by striking
11the section and inserting in lieu thereof the following:
   12633.642  Powers of conservator.
   131.  An order by the court appointing a conservator shall
14state the basis for the conservatorship pursuant to section
15633.553 or section 633.554.
   162.  Upon appointment by the court, and until such time as the
17conservator files an initial financial management plan and such
18plan is approved by the court as required by section 633.670,
19subsection 1, a conservator has the authority to exercise all
20powers applicable to fiduciaries pursuant to sections 633.63
21through 633.162, unless expressly modified by the court.
   223.  In the order approving an initial financial management
23plan or an annual report, the court shall approve and set forth
24the specific powers of a conservator, which may be thereafter
25exercised by the conservator until further court order. Except
26as otherwise ordered by the court, a conservator must give
27notice to persons entitled to notice and receive specific prior
28authorization by the court before the conservator may take any
29other action on behalf of the protected person.
   304.  Upon the filing of an appropriate oath by the
31conservator, the clerk of court shall issue letters of
32appointment. A copy of the initial order of the court shall be
33attached to the letters of appointment.
34   Sec. 32.  Section 633.669, Code 2023, is amended by striking
35the section and inserting in lieu thereof the following:
-10-   1633.669  Reports by guardians.
   21.  The court shall assign a guardianship created under
3this chapter, and may reassign as necessary in the court’s
4discretion, to one of following reporting tiers:
   5a.  Tier I: A guardian assigned a tier I guardianship shall
6file with the court a verified annual report which shall not
7be waived by the court. The annual report shall include all of
8the following:
   9(1)  The current mental and physical condition of the
10protected person.
   11(2)  The present living arrangement of the protected person,
12including a description of each residence where the protected
13person has resided during the reporting period.
   14(3)  A summary of the medical, educational, vocational and
15technical, and other professional services provided for the
16protected person.
   17(4)  A description of the guardian’s visits with and
18activities on behalf of the protected person.
   19(5)  A recommendation as to the need for continued
20guardianship.
   21(6)  Other information requested by the court or useful in
22the opinion of the guardian.
   23b.  Tier II: A guardian assigned a tier II guardianship
24shall file with the court the following written verified
25reports which shall not be waived by the court:
   26(1)  An initial care plan filed within sixty days of
27appointment. The information in the initial care plan shall
28include but is not limited to the following information:
   29(a)  The current residence of the protected person and the
30guardian’s plan for the protected person’s living arrangements.
   31(b)  The guardian’s plan for payment of the protected
32person’s living expenses and other expenses.
   33(c)  The protected person’s health status and health care
34needs, and the guardian’s plan for meeting the protected
35person’s needs for medical, dental, and other health care
-11-1needs.
   2(d)  Whether the protected person has a living will or health
3care power of attorney.
   4(e)  If applicable, the protected person’s need for other
5professional services for mental, behavioral, or emotional
6health, and the guardian’s plan for other professional services
7needed by the protected person.
   8(f)  If applicable, the protected person’s employment
9status, the protected person’s need for educational, training,
10or vocational services, and the guardian’s plan for meeting the
11educational, training, and vocational needs of the protected
12person.
   13(g)  If applicable, the guardian’s plan for facilitating the
14participation of the protected person in social activities.
   15(h)  The guardian’s plan for facilitating contacts between
16the protected person and the protected person’s family members
17and other persons significant in the life of the protected
18person.
   19(i)  The guardian’s plan for contact with, and activities on
20behalf of, the protected person.
   21(j)  The powers that the guardian requests to carry out the
22initial care plan.
   23(2)  An amended plan when there has been a significant
24change in the circumstances or the guardian seeks to deviate
25significantly from the plan. The guardian must obtain court
26approval of the amended plan before implementing any of its
27provisions.
   28(3)  An annual report, filed within sixty days of the close
29of the reporting period. The information in the annual report
30shall include but is not limited to the following information:
   31(a)  The current living arrangements of the protected
32person.
   33(b)  The sources of payment for the protected person’s living
34expenses and other expenses.
   35(c)  A description, if applicable, of the following:
-12-   1(i)  The protected person’s physical and mental health
2status and the medical, dental, and other professional services
3provided to the protected person.
   4(ii)  If applicable, the protected person’s employment
5status and the educational, training, and vocational services
6provided to the protected person.
   7(iii)  The contact of the protected person with family
8members and other significant persons.
   9(iv)  The nature and extent of the guardian’s visits with,
10and activities on behalf of, the protected person.
   11(d)  The guardian’s recommendation as to the need for
12continuation of the guardianship.
   13(e)  The ability of the guardian to continue as guardian.
   14(f)  The need of the guardian for assistance in providing or
15arranging for the provision of the care and protection of the
16protected person.
   17(g)  Any other information the guardian deems necessary for
18the court to consider.
   192.  The guardian under a tier I or II guardianship shall file
20a final report within thirty days of the termination of the
21guardianship under section 633.675 unless that time is extended
22by the court.
   233.  The court shall develop a simplified uniform reporting
24form for use in filing the required reports.
   254.  The clerk of the court shall notify the guardian in
26writing of the reporting requirements and shall provide
27information and assistance to the guardian in filing the
28reports.
   295.  Reports of guardians shall be reviewed and approved by a
30district court judge or referee.
   316.  The court, for good cause, may extend the deadline for
32filing required reports. Required reports of a guardian which
33are not timely filed and which are delinquent, and for which no
34extension for filing has been granted by the court, shall be
35administered as provided in section 633.32.
-13-   17.  The guardian shall provide a copy of the reports required
2by this section to the protected person, the protected person’s
3attorney, if any, and the court visitor, if any.
4   Sec. 33.  Section 633.670, Code 2023, is amended by striking
5the section and inserting in lieu thereof the following:
   6633.670  Reports by conservators.
   71.  The court shall assign a conservatorship created under
8this chapter, and may reassign as necessary in the court’s
9discretion, to one of following reporting tiers:
   10a.  Tier I: A conservator assigned a tier I conservatorship
11shall file with the court a verified annual report which shall
12not be waived by the court. The annual report shall include
13all of the following:
   14(1)  The balance of funds on hand at the close of the last
15previous accounting, and all amounts received from any source
16during the period covered by the accounting.
   17(2)  All disbursements made during the period covered by the
18accounting.
   19(3)  Any changes in investments since the last previous
20report, including a list of all assets, and recommendations
21of the conservator for the retention or disposition of any
22property held by the conservator.
   23(4)  The amount of the bond and the name of the surety on the
24bond.
   25(5)  The residence or physical location of the protected
26person.
   27(6)  The general physical and mental condition of the
28protected person.
   29(7)  Such other information as is necessary to show the
30condition of the affairs of the conservatorship.
   31b.  Tier II: A conservator assigned a tier II
32conservatorship shall file with the court a verified initial
33financial management plan for protecting, managing, investing,
34expending, and distributing the assets of the conservatorship
35estate within ninety days after appointment, which shall not
-14-1be waived by the court. The plan must be based on the needs of
2the protected person and take into account the best interest
3of the protected person as well as the protected person’s
4preference, values, and prior directions to the extent known
5to, or reasonably ascertainable by, the conservator.
   6(1)  The initial financial management plan must state the
7protected person’s age, residence, living arrangements, and
8sources of payment for living expenses.
   9(2)  If applicable, the protected person’s will shall be
10filed with the court clerk and the protected person’s prepaid
11burial trust and powers of attorney shall be described.
   12(3)  The conservator shall provide notice of the filing of
13the initial financial management plan and a copy of the plan
14to the protected person, the protected person’s attorney, if
15any, and court visitor, if any, and others as directed by the
16court. The notice must state that any person entitled to a
17copy of the plan must file any objections to the plan not later
18than twenty days from the date of mailing notice of filing the
19initial plan.
   20(4)  At least twenty days after the initial financial
21management plan has been filed, the court shall review and
22determine whether the plan should be approved or revised, after
23considering objections filed and whether the plan is consistent
24with the conservator’s powers and duties.
   25(5)  After approval of the initial financial management
26plan by the court, the conservator shall provide a copy of the
27approved plan and order approving the plan to the protected
28person, the protected person’s attorney, if any, and court
29visitor, if any, and others as directed by the court.
   30(6)  The conservator shall file an amended financial
31management plan when there has been a significant change in
32circumstances or the conservator seeks to deviate significantly
33from the plan. Before the amended plan is implemented, the
34provisions for court approval of the plan shall be followed as
35provided in the initial financial management plan.
-15-   1(7)  The conservator shall attach to the initial financial
2management plan an inventory of the protected person’s assets
3and debts, which includes an oath or affirmation that the
4inventory is believed to be complete and accurate as far as
5information permits. The conservator shall provide copies of
6the inventory to the protected person, the protected person’s
7attorney, if any, and the court visitor, if any, and others
8as directed by the court. Any objections to the inventory
9shall be filed in the same manner and according to the same
10schedule as objections to the initial financial management
11plan. The court shall review the inventory and determine
12whether the inventory should be approved at the same time as
13the court reviews the initial financial management plan. When
14the conservator receives an additional asset of the protected
15person or becomes aware of its existence, or becomes aware
16of additional debt of the protected person, a description of
17the asset or debt shall be included in the conservator’s next
18annual report.
   19(8)  (a)  The conservator shall file a verified report on
20an annual basis for the period since the end of the preceding
21report period, which shall not be waived by the court.
   22(b)  The annual report required by this subparagraph shall
23state the age, the residence, and the living arrangements of
24the protected person, and sources of payment for the protected
25person’s living expenses during the reporting period.
   26(c)  The conservator shall submit with the annual report
27required by this subparagraph an inventory of the assets of the
28protected person as of the last day of the reporting period the
29total value of assets at the beginning and end of the reporting
30period.
   312.  The conservator assigned a tier I or II conservatorship
32shall file a verified final report with the court as follows:
   33a.  Within thirty days following removal of the conservator.
   34b.  Upon the conservator’s filing of a resignation and before
35the resignation is accepted by the court.
-16-   1c.  Within sixty days following the termination of the
2conservatorship.
   3d.  At other times as ordered by the court.
   43.  The conservator shall provide a copy of the initial
5financial management plan, if applicable, the inventory of the
6protected person’s assets, if applicable, and the annual report
7to the protected person, the protected person’s attorney, if
8any, and court visitor, if any, and the veterans administration
9if the protected person is receiving veterans’ benefits.
   104.  The court, for good cause, may extend the deadline for
11filing required reports. Required reports of a conservator
12which are not timely filed and which are delinquent, and for
13which no extension for filing has been granted by the court,
14shall be administered as provided in section 633.32.
   155.  Reports of conservators shall be reviewed and approved by
16a district court judge or referee.
17   Sec. 34.  Section 633.675, subsections 2, 3, and 5, Code
182023, are amended to read as follows:
   192.  The court shall terminate a guardianship for an adult if
20it the court finds by clear and convincing evidence that the
21basis for appointing a guardian pursuant to section 633.552 has
22not been established.
   233.  The court shall terminate a conservatorship if the court
24finds by clear and convincing evidence that the basis for
25appointing a conservator pursuant to section 633.553 or 633.554
26is not satisfied.
   275.  The standard of proof and the burden of proof to be
28applied in a termination proceeding to terminate a guardianship
29or conservatorship for an adult shall be the same as set forth
30in section 633.551, subsection 2.
31DIVISION III
32CONFORMING CHANGES
33   Sec. 35.  Section 10.1, subsection 7, Code 2023, is amended
34to read as follows:
   357.  “Farm estate” means the real and personal property of a
-17-1decedent, a ward protected person, or a trust as provided in
2chapters 633 and 633A, if at least sixty percent of the gross
3receipts from the estate comes from farming.
4   Sec. 36.  Section 217.40, Code 2023, is amended to read as
5follows:
   6217.40  Training for guardians and conservators.
   7The department of human services, or a person designated
8by the director, shall establish training programs designed
9to assist all duly appointed guardians and conservators in
10understanding their fiduciary duties and liabilities, the
11special needs of the ward protected person, and how to best
12serve the ward protected person and the ward’s protected
13person’s interests.
14   Sec. 37.  Section 231E.2, subsection 2, paragraph b, Code
152023, is amended to read as follows:
   16b.  It is also the intent of the general assembly that the
17state office of public guardian provide assistance to both
18public and private guardians, conservators, and representative
19payees throughout the state in securing necessary services
20for their wards protected persons and clients, and to assist
21guardians, conservators, representative payees, wards protected
22persons, clients, courts, and attorneys in the orderly and
23expeditious handling of guardianship, conservatorship, and
24representative payee proceedings.
25   Sec. 38.  Section 231E.3, subsection 17, Code 2023, is
26amended to read as follows:
   2717.  “Ward” “Protected person” means the individual for whom
28a guardianship or conservatorship is established.
29   Sec. 39.  Section 231E.4, subsection 3, paragraphs f and h,
30Code 2023, are amended to read as follows:
   31f.  Develop and maintain a current listing of public and
32private services and programs available to assist wards
33 protected persons and clients, and their families, and
34establish and maintain relationships with public and private
35entities to assure the availability of effective guardianship,
-18-1conservatorship, and representative payee services for wards
2 protected persons and clients.
   3h.  Maintain statistical data on the local offices including
4various methods of funding, the types of services provided, and
5the demographics of the wards protected persons and clients,
6and report to the general assembly on or before November
71, annually, regarding the local offices and recommend any
8appropriate legislative action.
9   Sec. 40.  Section 231E.4, subsection 6, paragraph e, Code
102023, is amended to read as follows:
   11e.  A fee schedule. The department may establish by
12rule a schedule of reasonable fees for the costs of public
13guardianship services provided under this chapter. The fee
14schedule established may be based upon the ability of the ward
15 protected person or client to pay for the services but shall
16not exceed the actual cost of providing the services. The
17state office or a local office may waive collection of a fee
18upon a finding that collection is not economically feasible.
19The rules may provide that the state office or a local office
20may investigate the financial status of a ward protected person
21 or client that requests guardianship, conservatorship, or
22representative payee services or for whom the state public
23guardian or a local public guardian has been appointed for
24the purpose of determining the fee to be charged by requiring
25the ward protected person or client to provide any written
26authorizations necessary to provide access to records of
27public or private sources, otherwise confidential, needed to
28evaluate the individual’s financial eligibility. The rules
29may also provide that the state public guardian or a local
30public guardian may, upon request and without payment of fees
31otherwise required by law, obtain information necessary to
32evaluate the individual’s financial eligibility from any office
33of the state or of a political subdivision or agency of the
34state that possesses public records.
35   Sec. 41.  Section 231E.5, subsection 2, paragraph g,
-19-1unnumbered paragraph 1, Code 2023, is amended to read as
2follows:
   3With regard to a proposed ward protected person, the local
4office shall do all of the following:
5   Sec. 42.  Section 231E.5, subsection 2, paragraph g,
6subparagraphs (2), (3), and (4), Code 2023, are amended to read
7as follows:
   8(2)  Determine whether the needs of the proposed ward
9 protected person require the appointment of a guardian or
10conservator.
   11(3)  Assess the financial resources of the proposed ward
12 protected person based on the information supplied to the local
13office at the time of the determination.
   14(4)  Inquire and, if appropriate, search to determine
15whether any other person may be willing and able to serve as
16the proposed ward’s protected person’s guardian or conservator.
17   Sec. 43.  Section 231E.6, subsection 1, unnumbered paragraph
181, Code 2023, is amended to read as follows:
   19The court may appoint on its own motion or upon petition of
20any person, the state office or a local office, to serve as
21guardian or conservator for any proposed ward protected person
22 in cases in which the court determines that the proceeding
23will establish the least restrictive form of guardianship
24or conservatorship services suitable for the proposed ward
25 protected person and if the proposed ward protected person
26 meets all of the following criteria:
27   Sec. 44.  Section 231E.7, subsection 3, Code 2023, is amended
28to read as follows:
   293.  The best interests of the ward protected person require
30the intervention.
31   Sec. 45.  Section 231E.8, subsections 2, 3, and 4, Code 2023,
32are amended to read as follows:
   332.  The state office or local office shall maintain
34reasonable personal contact with each ward protected person or
35client for whom the state office or local office is appointed
-20-1or designated in order to monitor the ward’s protected person’s
2 or client’s care and progress.
   33.  Notwithstanding any provision of law to the contrary,
4the state office or local office appointed by the court may
5access all confidential records concerning the ward protected
6person for whom the state office or local office is appointed
7or designated, including medical records and abuse reports.
   84.  In any proceeding in which the state or a local office is
9appointed or is acting as guardian or conservator, the court
10shall waive court costs or filing fees, if the state office
11or local office certifies to the court that the state office
12or local office has waived its fees in their entirety based
13upon the ability of the ward protected person to pay for the
14services of the state office or local office.
15   Sec. 46.  Section 231E.8, subsection 6, paragraphs a, b, c,
16and d, Code 2023, are amended to read as follows:
   17a.  The ward protected person displays assaultive or
18aggressive behavior that causes the public guardian to fear for
19their personal safety.
   20b.  The ward protected person refuses the services of the
21public guardian.
   22c.  The ward protected person refuses to have contact with
23the public guardian.
   24d.  The ward protected person moves out of Iowa.
25   Sec. 47.  Section 252C.2, subsection 3, Code 2023, is amended
26to read as follows:
   273.  The provision of child support collection or paternity
28determination services under chapter 252B to an individual,
29even though the individual is ineligible for public assistance,
30creates a support debt due and owing to the individual or the
31individual’s child or ward protected person by the responsible
32person in the amount of a support obligation established by
33court order or by the administrator. The administrator may
34establish a support debt in favor of the individual or the
35individual’s child or ward protected person and against the
-21-1responsible person, both as to amounts accrued and accruing,
2pursuant to section 598.21B.
3   Sec. 48.  Section 282.2, Code 2023, is amended to read as
4follows:
   5282.2  Offsetting tax.
   6The parent or guardian whose child or ward protected person
7 attends school in a district of which the parent or guardian is
8not a resident shall be allowed to deduct the amount of school
9tax paid by the parent or guardian in said district from the
10amount of tuition required to be paid.
11   Sec. 49.  Section 321.198, subsection 2, Code 2023, is
12amended to read as follows:
   132.  The provisions of this section shall also apply to the
14spouse and children, or ward protected person, of military
15personnel when such spouse, children, or ward protected person
16 are living with the military personnel described in subsection
171 outside of the state of Iowa and provided that such extension
18of license does not exceed five years.
19   Sec. 50.  Section 321.219, subsection 1, Code 2023, is
20amended to read as follows:
   211.  A person shall not cause or knowingly permit the person’s
22child or ward protected person under the age of eighteen years
23to drive a motor vehicle upon any highway when the minor is not
24authorized under this chapter.
25   Sec. 51.  Section 563.12, Code 2023, is amended to read as
26follows:
   27563.12  Special agreements — evidence.
   28This chapter shall not prevent adjoining proprietors from
29entering into special agreements about walls on the lines
30between them, but no evidence thereof shall be competent unless
31in writing, signed by the parties thereto or their lawfully
32authorized agents, or the guardian of either, if a minor,
33who shall have full authority to act for the guardian’s ward
34 protected person in all matters relating to walls in common
35without an order of court therefor.
-22-1   Sec. 52.  Section 587.4, Code 2023, is amended to read as
2follows:
   3587.4  Decrees for sale of real estate by guardian.
   4In all cases where decrees and orders of court have been
5obtained for the sale of real estate by a guardian prior to
6January 1, 1969, where the original notice shows that service
7of notice pertaining to the sale of such real estate was made
8on the minor or ward protected person outside of the state
9of Iowa, such services of notices are hereby legalized. All
10decrees so obtained as aforesaid are hereby legalized and held
11to have the same force and effect as though the service of such
12original notice had been made on the minor or ward protected
13person within the state of Iowa.
14   Sec. 53.  Section 595.3, subsection 5, Code 2023, is amended
15to read as follows:
   165.  Where either party is a ward protected person under
17a guardianship and the court has made a finding that the
18ward protected person lacks the capacity to contract a valid
19marriage.
20   Sec. 54.  Section 598.29, subsection 4, Code 2023, is amended
21to read as follows:
   224.  Where either party was a ward protected person under a
23guardianship and was found by the court to lack the capacity
24to contract a valid marriage.
25   Sec. 55.  Section 633.3, subsections 9, 17, 22, and 23, Code
262023, are amended to read as follows:
   279.  “Conservator” means a person appointed by the court
28to have the custody and control of the property of a ward
29 protected person under the provisions of this probate code.
   3017.  “Estate” means the real and personal property of either
31a decedent or a ward protected person, and may also refer to
32the real and personal property of a trust described in section
33633.10.
   3422.  “Guardian” means the person appointed by the court to
35have the custody of the person of the ward protected person
-23-1 under the provisions of this probate code.
   223.  “Guardian of the property” — at the election of the
3person appointed by the court to have the custody and care of
4the property of a ward protected person, the term “guardian of
5the property” may be used, which term shall be synonymous with
6the term “conservator”.
7   Sec. 56.  Section 633.78, subsection 1, unnumbered paragraph
81, Code 2023, is amended to read as follows:
   9A fiduciary under this chapter may present a written request
10to any person for the purpose of obtaining property owned by
11a decedent or by a ward protected person of a conservatorship
12for which the fiduciary has been appointed, or property to
13which a decedent or ward protected person is entitled, or
14for information about such property needed to perform the
15fiduciary’s duties. The request must contain statements
16confirming all of the following:
17   Sec. 57.  Section 633.78, subsection 1, paragraph b, Code
182023, is amended to read as follows:
   19b.  The request has been signed by all fiduciaries acting on
20behalf of the decedent or ward protected person.
21   Sec. 58.  Section 633.78, subsection 4, paragraph a, Code
222023, is amended to read as follows:
   23a.  Damages sustained by the decedent’s or ward’s protected
24person’s estate.
25   Sec. 59.  Section 633.80, Code 2023, is amended to read as
26follows:
   27633.80  Fiduciary of a fiduciary.
   28A fiduciary has no authority to act in a matter wherein the
29fiduciary’s decedent or ward protected person was merely a
30fiduciary, except that the fiduciary shall file a report and
31accounting on behalf of the decedent or ward protected person
32 in said matter.
33   Sec. 60.  Section 633.93, Code 2023, is amended to read as
34follows:
   35633.93  Limitation on actions affecting deeds.
-24-   1No action for recovery of any real estate sold by any
2fiduciary can be maintained by any person claiming under the
3deceased, the ward protected person, or a beneficiary, unless
4brought within five years after the date of the recording of
5the conveyance.
6   Sec. 61.  Section 633.112, Code 2023, is amended to read as
7follows:
   8633.112  Discovery of property.
   9The court may require any person suspected of having
10possession of any property, including records and documents,
11of the decedent, ward protected person, or the estate, or of
12having had such property under the person’s control, to appear
13and submit to an examination under oath touching such matters,
14and if on such examination it appears that the person has the
15wrongful possession of any such property, the court may order
16the delivery thereof to the fiduciary. Such a person shall be
17liable to the estate for all damages caused by the person’s
18acts.
19   Sec. 62.  Section 633.123, subsection 1, paragraph b,
20subparagraph (3), Code 2023, is amended to read as follows:
   21(3)  The needs and rights of the beneficiaries or the ward
22 protected person.
23   Sec. 63.  Section 633.580, subsections 1 and 4, Code 2023,
24are amended to read as follows:
   251.  The name, age, and last known post office address of the
26proposed ward protected person.
   274.  A general description of the property of the proposed
28ward protected person within this state and of the proposed
29ward’s protected person’s right to receive property; also, the
30estimated present value of the real estate, the estimated value
31of the personal property, and the estimated gross annual income
32of the estate. If any money is payable, or to become payable,
33to the proposed ward protected person by the United States
34through the United States department of veterans affairs, the
35petition shall so state.
-25-1   Sec. 64.  Section 633.591A, Code 2023, is amended to read as
2follows:
   3633.591A  Voluntary petition for appointment of conservator
4for a minor — standby basis.
   5A person having physical and legal custody of a minor
6may execute a verified petition for the appointment of a
7standby conservator of the proposed ward’s protected person’s
8 property, upon the express condition that the petition shall
9be acted upon by the court only upon the occurrence of an event
10specified or the existence of a described condition of the
11mental or physical health of the petitioner, the occurrence
12of which event, or the existence of which condition, shall be
13established in the manner directed in the petition.
14   Sec. 65.  Section 633.603, Code 2023, is amended to read as
15follows:
   16633.603  Appointment of foreign conservators.
   17When there is no conservatorship, nor any application
18therefor pending, in this state, the duly qualified foreign
19conservator or guardian of a nonresident ward protected
20person may, upon application, be appointed conservator of the
21property of such person in this state; provided that a resident
22conservator is appointed to serve with the foreign conservator;
23and provided further, that for good cause shown, the court
24may appoint the foreign conservator to act alone without the
25appointment of a resident conservator.
26   Sec. 66.  Section 633.604, Code 2023, is amended to read as
27follows:
   28633.604  Application.
   29The application for appointment of a foreign conservator
30or guardian as conservator in this state shall include the
31name and address of the nonresident ward protected person, and
32of the nonresident conservator or guardian, and the name and
33address of the resident conservator to be appointed. It shall
34be accompanied by a certified copy of the original letters
35or other authority conferring the power upon the foreign
-26-1conservator or guardian to act as such. The application
2shall also state the cause for the appointment of the foreign
3conservator to act as sole conservator, if such be the case.
4   Sec. 67.  Section 633.605, Code 2023, is amended to read as
5follows:
   6633.605  Personal property.
   7A foreign conservator or guardian of a nonresident may
8be authorized by the court of the county wherein such ward
9 protected person has personal property to receive the same upon
10compliance with the provisions of sections 633.606, 633.607 and
11633.608.
12   Sec. 68.  Section 633.607, Code 2023, is amended to read as
13follows:
   14633.607  Order for delivery.
   15Upon the filing of the bond as above provided, and the court
16being satisfied with the amount thereof, it shall order the
17personal property of the ward protected person delivered to
18such conservator or guardian.
19   Sec. 69.  Section 633.633, Code 2023, is amended to read as
20follows:
   21633.633  Provisions applicable to all fiduciaries shall
22govern.
   23The provisions of this probate code applicable to all
24fiduciaries shall govern the appointment, qualification, oath
25and bond of guardians and conservators, except that a guardian
26shall not be required to give bond unless the court, for good
27cause, finds that the best interests of the ward protected
28person require a bond. The court shall then fix the terms and
29conditions of such bond.
30   Sec. 70.  Section 633.633B, Code 2023, is amended to read as
31follows:
   32633.633B  Tort liability of guardians and conservators.
   33The fact that a person is a guardian or conservator shall not
34in itself make the person personally liable for damages for the
35acts of the ward protected person.
-27-1   Sec. 71.  Section 633.636, Code 2023, is amended to read as
2follows:
   3633.636  Effect of appointment of guardian or conservator.
   4The appointment of a guardian or conservator shall not
5constitute an adjudication that the ward protected person is of
6unsound mind.
7   Sec. 72.  Section 633.637, Code 2023, is amended to read as
8follows:
   9633.637  Powers of ward protected person.
   101.  A ward protected person for whom a conservator has been
11appointed shall not have the power to convey, encumber, or
12dispose of property in any manner, other than by will if the
13ward protected person possesses the requisite testamentary
14capacity, unless the court determines that the ward protected
15person has a limited ability to handle the ward’s protected
16person’s own funds. If the court makes such a finding, the
17court shall specify to what extent the ward protected person
18 may possess and use the ward’s protected person’s own funds.
   192.  Any modification of the powers of the ward protected
20person that would be more restrictive of the ward’s protected
21person’s control over the ward’s protected person’s financial
22affairs shall be based upon clear and convincing evidence
23and the burden of persuasion is on the conservator. Any
24modification that would be less restrictive of the ward’s
25 protected person’s control over the ward’s protected person’s
26 financial affairs shall be based upon proof in accordance with
27the requirements of section 633.675.
28   Sec. 73.  Section 633.637A, Code 2023, is amended to read as
29follows:
   30633.637A  Rights of ward protected person under guardianship.
   31An adult ward protected person under a guardianship has the
32right of communication, visitation, or interaction with other
33persons upon the consent of the adult ward protected person,
34subject to section 633.635, subsection 2, paragraph “i”, and
35section 633.635, subsection 3, paragraph “c”. If an adult ward
-28-1 protected person is unable to give express consent to such
2communication, visitation, or interaction with a person due
3to a physical or mental condition, consent of an adult ward
4 protected person may be presumed by a guardian or a court based
5on an adult ward’s protected person’s prior relationship with
6such person.
7   Sec. 74.  Section 633.638, Code 2023, is amended to read as
8follows:
   9633.638  Presumption of fraud.
   10If a conservator be appointed, all contracts, transfers and
11gifts made by the ward protected person after the filing of the
12petition shall be presumed to be a fraud against the rights
13and interest of the ward protected person except as otherwise
14directed by the court pursuant to section 633.637.
15   Sec. 75.  Section 633.639, Code 2023, is amended to read as
16follows:
   17633.639  Title to ward’s protected person’s property.
   18The title to all property of the ward protected person is
19in the ward protected person and not the conservator subject,
20however, to the possession of the conservator and to the
21control of the court for the purposes of administration,
22sale or other disposition, under the provisions of the
23law. Any real property titled at any time in the name of a
24conservatorship shall be deemed to be titled in the ward’s
25 protected person’s name subject to the conservator’s right of
26possession.
27   Sec. 76.  Section 633.640, Code 2023, is amended to read as
28follows:
   29633.640  Conservator’s right to possession.
   30Every conservator shall have a right to, and shall take,
31possession of all of the real and personal property of the
32ward protected person. The conservator shall pay the taxes
33and collect the income therefrom until the conservatorship is
34terminated. The conservator may maintain an action for the
35possession of the property, and to determine the title to the
-29-1same.
2   Sec. 77.  Section 633.643, Code 2023, is amended to read as
3follows:
   4633.643  Disposal of will by conservator.
   5When an instrument purporting to be the will of the ward
6 protected person comes into the hands of a conservator, the
7conservator shall immediately deliver it to the court.
8   Sec. 78.  Section 633.644, Code 2023, is amended to read as
9follows:
   10633.644  Court order to preserve testamentary intent of ward
11 protected person.
   12Upon receiving an instrument purporting to be the will of a
13living ward protected person under the provisions of section
14633.643, the court may open said will and read it. The court
15with or without notice, as it may determine, may enter such
16orders in the conservatorship as it deems advisable for the
17proper administration of the conservatorship in light of the
18expressed testamentary intent of the ward protected person.
19   Sec. 79.  Section 633.645, Code 2023, is amended to read as
20follows:
   21633.645  Court to deliver will to clerk.
   22An instrument purporting to be the will of a ward protected
23person coming into the hands of the court under the provisions
24of section 633.643, shall thereafter be resealed by the court
25and be deposited with the clerk to be held by said clerk as
26provided in sections 633.286 through 633.289.
27   Sec. 80.  Section 633.653A, Code 2023, is amended to read as
28follows:
   29633.653A  Claims for cost of medical care or services.
   30The provision of medical care or services to a ward protected
31person who is a recipient of medical assistance under chapter
32249A creates a claim against the conservatorship for the amount
33owed to the provider under the medical assistance program for
34the care or services. The amount of the claim, after being
35allowed or established as provided in this part, shall be paid
-30-1by the conservator from the assets of the conservatorship.
2   Sec. 81.  Section 633.654, Code 2023, is amended to read as
3follows:
   4633.654  Form and verification of claims — general
5requirements.
   6No claim shall be allowed against the estate of a ward
7 protected person upon application of the claimant unless
8it shall be in writing, filed in duplicate with the clerk,
9stating the claimant’s name and address, and describing the
10nature and the amount thereof, if ascertainable. It shall be
11accompanied by the affidavit of the claimant, or of someone for
12the claimant, that the amount is justly due, or if not due,
13when it will or may become due, that no payments have been
14made thereon which are not credited, and that there are no
15offsets to the same, to the knowledge of the affiant, except as
16therein stated. The duplicate of said claim shall be mailed
17by the clerk to the conservator or the conservator’s attorney
18of record; however, valid contract claims arising in the
19ordinary course of the conduct of the business or affairs of
20the ward protected person by the conservator may be paid by the
21conservator without requiring affidavit or filing.
22   Sec. 82.  Section 633.656, Code 2023, is amended to read as
23follows:
   24633.656  How claim entitled.
   25All claims filed against the estate of the ward protected
26person shall be entitled in the name of the claimant against
27the conservator as such, naming the conservator, and in all
28further proceedings thereon, this title shall be preserved.
29   Sec. 83.  Section 633.660, Code 2023, is amended to read as
30follows:
   31633.660  Execution and levy prohibited.
   32No execution shall issue upon, nor shall any levy be made
33against, any property of the estate of a ward protected person
34 under any judgment against the ward protected person or a
35conservator, but the provisions of this section shall not be so
-31-1construed as to prevent the enforcement of a mortgage, pledge,
2or other lien upon property in an appropriate proceeding.
3   Sec. 84.  Section 633.661, Code 2023, is amended to read as
4follows:
   5633.661  Claims of conservators.
   6If the conservator is a creditor of the ward protected
7person, the conservator shall file the claim as other
8creditors, and the court shall appoint some competent person as
9temporary conservator to represent the ward protected person
10 at the hearing on the conservator’s claim. The same procedure
11shall be followed in the case of coconservators where all
12such conservators are creditors of the ward protected person;
13but if one of the coconservators is not a creditor of the
14ward protected person, such disinterested conservator shall
15represent the ward protected person at the hearing on any claim
16against the ward protected person by a coconservator.
17   Sec. 85.  Section 633.662, Code 2023, is amended to read as
18follows:
   19633.662  Claims not filed.
   20The conservator may pay any valid claim against the estate of
21the ward protected person even though such claim has not been
22filed, but all such payments made by the conservator shall be
23at the conservator’s own peril.
24   Sec. 86.  Section 633.664, Code 2023, is amended to read as
25follows:
   26633.664  Liens not affected by failure to file claim.
   27Nothing in sections 633.654 and 633.658 shall affect or
28prevent an action or proceeding to enforce any mortgage,
29pledge, or other lien upon the property of the ward protected
30person.
31   Sec. 87.  Section 633.665, Code 2023, is amended to read as
32follows:
   33633.665  Separate actions and claims.
   341.  Any action pending against the ward protected person at
35the time the conservator is appointed shall also be considered
-32-1a claim filed in the conservatorship if notice of substitution
2is served on the conservator as defendant and a duplicate of
3the proof of service of notice of such proceeding is filed in
4the conservatorship proceeding.
   52.  A separate action based on a debt or other liability
6of the ward protected person may be commenced against the
7conservator in lieu of filing a claim in the conservatorship.
8Such an action shall be commenced by serving an original notice
9on the conservator and filing a duplicate of the proof of
10service of notice of such proceeding in the conservatorship
11proceeding. Such an action shall also be considered a claim
12filed in the conservatorship. Such an action may be commenced
13only in a county where the venue would have been proper if
14there were no conservatorship and the action had been commenced
15against the ward protected person.
16   Sec. 88.  Section 633.667, Code 2023, is amended to read as
17follows:
   18633.667  Payment of claims in insolvent conservatorships.
   19When it appears that the assets in a conservatorship are
20insufficient to pay in full all the claims against such
21conservatorship, the conservator shall report such matter to
22the court, and the court shall, upon hearing, with notice to
23all persons who have filed claims in the conservatorship, make
24an order for the pro rata payment of claims giving claimants
25the same priority, if any, as they would have if the ward
26 protected person were not under conservatorship.
27   Sec. 89.  Section 633.668, Code 2023, is amended to read as
28follows:
   29633.668  Conservator may make gifts.
   30For good cause shown and under order of court, a conservator
31may make gifts on behalf of the ward protected person out of
32the assets under a conservatorship to persons or religious,
33educational, scientific, charitable, or other nonprofit
34organizations to whom or to which such gifts were regularly
35made prior to the commencement of the conservatorship, or on
-33-1a showing to the court that such gifts would benefit the ward
2 protected person or the ward’s protected person’s estate from
3the standpoint of income, gift, estate or inheritance taxes.
4The making of gifts out of the assets must not foreseeably
5impair the ability to provide adequately for the best interests
6of the ward protected person.
7   Sec. 90.  Section 633.671, subsections 5 and 6, Code 2023,
8are amended to read as follows:
   95.  The residence or physical location of the ward protected
10person.
   116.  The general physical and mental condition of the ward
12 protected person.
13   Sec. 91.  Section 633.673, Code 2023, is amended to read as
14follows:
   15633.673  Court costs in guardianships.
   16The ward protected person or the ward’s protected person’s
17 estate shall be charged with the court costs of a ward’s
18 protected person’s guardianship, including the guardian’s fees
19and the fees of the attorney for the guardian. The court
20may, upon application, enter an order waiving payment of the
21court costs in indigent cases. However, if the ward protected
22person or ward’s protected person’s estate becomes financially
23capable of paying any waived costs, the costs shall be paid
24immediately.
25   Sec. 92.  Section 633.676, Code 2023, is amended to read as
26follows:
   27633.676  Assets exhausted.
   28At any time that the assets of the ward’s protected person’s
29 estate do not exceed the amount of the charges and claims
30against it, the court may direct the conservator to proceed to
31terminate the conservatorship.
32   Sec. 93.  Section 633.677, Code 2023, is amended to read as
33follows:
   34633.677  Accounting to ward protected person — notice.
   35Upon the termination of a conservatorship, the conservator
-34-1shall pay the costs of administration and shall render a full
2and complete accounting to the ward protected person or the
3ward’s protected person’s personal representative and to the
4court. Notice of the final report of a conservator shall be
5served on the ward protected person or the ward’s protected
6person’s personal representative, in accordance with section
7633.40, unless notice is waived. An order prescribing notice
8may be made before or after the filing of the final report.
9   Sec. 94.  Section 633.682, Code 2023, is amended to read as
10follows:
   11633.682  Discharge of conservator and release of bond.
   12Upon settlement of the final accounting of a conservator,
13and upon determining that the property of the ward protected
14person has been delivered to the person or persons lawfully
15entitled thereto, the court shall discharge the conservator and
16exonerate the surety on the conservator’s bond.
17   Sec. 95.  Section 636.23, subsection 13, Code 2023, is
18amended to read as follows:
   1913.  Life, endowment or annuity contracts of legal reserve
20life insurance companies authorized to do business in Iowa.  The
21purchase of contracts authorized by this subsection shall be
22limited to executors or the successors to their powers when
23specifically authorized by will, and to guardians and trustees,
24in an amount not to exceed twenty-five percent of the value
25of the ward’s protected person’s property in possession of
26the fiduciary. Such contract may be issued on the life or
27lives of a ward protected person or wards protected persons or
28beneficiary or beneficiaries of a trust fund created by will or
29trust agreement, or upon the life or lives of persons in whose
30life or lives such ward protected person or beneficiary has an
31insurable interest. The proceeds or avails of such contract
32shall be the sole property of the person or persons whose funds
33are invested therein.
34   Sec. 96.  Section 638.2, subsections 5, 15, and 27, Code
352023, are amended to read as follows:
-35-   15.  “Conservator” means the same as defined in section 633.3.
2“Conservator” includes a person appointed to have the custody
3and control of the property of a ward protected person in a
4limited conservatorship unless otherwise provided by order of
5the court.
   615.  “Guardian” means the same as defined in section 633.3.
7“Guardian” includes a person appointed to have the custody and
8care of the person of the ward protected person in a limited
9guardianship unless otherwise provided by order of the court.
   1027.  “Ward” “Protected person” means an individual for whom a
11conservator or guardian has been appointed. “Ward” “Protected
12person” includes an individual for whom an application for the
13appointment of a conservator or guardian is pending and for
14which a court order authorizing access under this chapter has
15been granted.
16   Sec. 97.  Section 638.3, subsection 1, paragraph c, Code
172023, is amended to read as follows:
   18c.  A conservator or guardian acting for a ward protected
19person on or after July 1, 2017.
20   Sec. 98.  Section 638.14, Code 2023, is amended to read as
21follows:
   22638.14  Disclosure of digital assets to conservator or
23guardian of a ward protected person.
   241.  After an opportunity for a hearing to all interested
25parties, the court may grant a conservator or guardian access
26to the digital assets of a ward protected person.
   272.  Unless otherwise ordered by the court or directed by the
28user, a custodian shall disclose to a conservator or guardian
29the catalogue of electronic communications sent or received
30by a ward protected person and any digital assets, other than
31the content of electronic communications, in which the ward
32 protected person has a right or interest if the conservator or
33guardian gives the custodian all of the following:
   34a.  A written request for disclosure in physical or
35electronic form.
-36-   1b.  A file-stamped copy of the court order that gives the
2conservator or guardian authority over the digital assets of
3the ward protected person.
   4c.  If requested by the custodian, any of the following:
   5(1)  A number, username, address, or other unique subscriber
6or account identifier assigned by the custodian to identify the
7account of the ward protected person.
   8(2)  Evidence linking the account to the ward protected
9person.
   103.  If the conservatorship or guardianship is not limited,
11the conservator or guardian may request a custodian of the
12digital assets of the ward protected person to suspend or
13terminate an account of the ward protected person for good
14cause. A request made under this section must be accompanied
15by a file-stamped copy of the court order establishing the
16conservatorship or guardianship.
17   Sec. 99.  Section 638.15, subsections 3, 4, and 5, Code 2023,
18are amended to read as follows:
   193.  A fiduciary with authority over the property of a
20decedent, ward protected person, principal, or settlor has
21the right to access any digital asset in which the decedent,
22ward protected person, principal, or settlor had a right or
23interest and that is not held by a custodian or subject to a
24terms-of-service agreement.
   254.  A fiduciary acting within the scope of the fiduciary’s
26duties is an authorized user of the property of the decedent,
27ward protected person, principal, or settlor for the purpose
28of applicable computer-fraud and unauthorized-computer-access
29laws, including section 716.6B.
   305.  A fiduciary with authority over the tangible, personal
31property of a decedent, ward protected person, principal, or
32settlor possesses all of the following authority:
   33a.  Has the right to access the property and any digital
34asset stored in the property.
   35b.  Is an authorized user for the purpose of computer-fraud
-37-1and unauthorized-computer-access laws, including section
2716.6B.
3   Sec. 100.  Section 692A.113, subsection 2, paragraph b, Code
42023, is amended to read as follows:
   5b.  Who is the parent or legal guardian of a minor shall not
6be in violation of subsection 1 solely during the period of
7time reasonably necessary to transport the offender’s own minor
8child or ward protected person to or from a place specified in
9subsection 1.
10   Sec. 101.  Section 692A.114, subsection 3, paragraph f, Code
112023, is amended to read as follows:
   12f.  The sex offender is a ward protected person in a
13guardianship, and a district judge or associate probate judge
14grants an exemption from the residency restriction.
15   Sec. 102.  Section 726.5, subsection 1, Code 2023, is amended
16to read as follows:
   171.  a.  A person, who being able to do so, fails or refuses
18to provide support for the person’s child or ward protected
19person under the age of eighteen years for a period longer than
20one year or in an amount greater than five thousand dollars
21commits the offense of nonsupport.
   22b.  A person shall not be held to have violated this section
23if the person fails to support any child or ward protected
24person under the age of eighteen who has left the home of the
25parent or other person having legal custody of the child or
26ward protected person without the consent of that parent or
27person having legal custody of the child or ward protected
28person.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
   32This bill relates to the creation, administration,
33and termination of adult and minor guardianships and
34conservatorships.
   35Under current law, the juvenile court has exclusive
-38-1jurisdiction of guardianship proceedings. The bill provides
2that the juvenile court also has exclusive jurisdiction over
3guardianships of minors.
   4The bill makes official juvenile court records in
5guardianships confidential and not public records. The
6following people are authorized to request the records without
7court order: the judge and professional court staff, the
8minor and the minor’s counsel, the minor’s parent, guardian,
9or custodian, court visitor, and any counsel representing such
10person, so long as they do not disclose the confidential record
11or contents unless required by law.
   12Under current law, the petition for minor and adult
13guardianships includes the name and address of any adult
14who has had the primary care of the minor or with whom the
15protected person has lived for at least six months prior to the
16filing of the petition. The bill requires the name and address
17of any adult who has had the primary care of the protected
18person or with whom the protected person had lived at any time
19during the six months prior to the filing of the petition.
   20The bill requires that in addition to stating in the
21guardianship for the minor petition why a limited guardianship
22is appropriate, the petition must also state whether a
23conservatorship for the minor is already in place. The
24notice of a guardianship proceeding must be given to any
25adult with whom the minor has lived for the six months
26immediately preceding the filing of the petition. If a
27minor’s known parents have not consented to the appointment
28of a guardian, the notice of the filing of a guardianship
29petition shall inform the known parents that they are entitled
30to representation if they meet the conditions in Code section
31232D.304.
   32Under current law, qualification for a court visitor is not
33provided. The bill provides a person is qualified to serve
34as a court visitor for a minor or adult protected person if
35the court determines the person has demonstrated sufficient
-39-1knowledge of guardianships to adequately perform the duties of
2a court visitor.
   3The bill changes the requirements of the background checks
4for a proposed guardian of a minor. Previously, the proposed
5guardian for the minor could use background checks from the
6past 12 months prior to filing the petition. The bill changes
7that time frame to six months and adds that the background
8check needs to have been provided to the court. The bill also
9includes the same provision for adult guardianships.
   10The bill directs that the initial verified care plan must
11include the guardian’s plan for applying and receiving funds
12and benefits for the support of the minor.
   13The bill allows a district court conducting checks of the
14dependent adult abuse registry for all proposed guardians
15and conservators to have access to dependent adult abuse
16information other than unfounded dependent adult abuse
17information.
   18The bill provides that a court visitor will be discharged
19upon the appointment of a guardian or conservator unless
20ordered by the court to continue.
   21The bill strikes and replaces Code section 633.642
22(responsibilities of conservator). An order appointing a
23conservator shall state the basis for the conservatorship,
24and upon appointment the conservator may exercise the powers
25relating to all fiduciaries, unless expressly modified by the
26court, without prior court approval. These powers include but
27are not limited to the following: making written requests for
28the purpose of obtaining the property of the protected person,
29or obtaining information about the property of the protected
30person; designating and employing an attorney to assist in
31the administration of the estate of the protected person;
32holding investments in the name of a bank or trustee company;
33and requiring a bank to show ownership of investments held in
34nominee name and keep them separate from the assets of the
35bank. Until the conservator files and the court approves an
-40-1initial financial management plan, the conservator may exercise
2the following powers without court approval except as otherwise
3ordered by the court: collect, receive, and receipt for any
4principal or income of the protected person; receive property
5of the protected person from any source; and continue to hold
6any investment or other property of the protected person. The
7clerk of the court shall issue letters of appointment upon the
8filing of an appropriate oath by the conservator and a copy of
9the initial order of the court and any future order, granting
10or limiting the authority of the conservator to act on behalf
11of the protected person, shall be attached to the letters of
12appointment.
   13The bill also strikes and replaces Code section 633.669
14(reports by guardians), changing the information required to be
15contained in a guardian’s written verified reports including
16the initial care plan and annual reports, and information
17required to be included in reports by conservators including
18the initial financial management plan, an inventory of the
19protected person’s assets and debts, the annual report, and the
20final report.
   21The bill replaces reporting requirements for guardians, and
22requires that guardians must obtain court approval prior to any
23significant deviation from the initial care plan filed with the
24court.
   25The bill modifies reporting requirements for conservators.
26The bill creates two tiers to which a conservator may be
27assigned. The conservator must give notice of filing a plan,
28and if no objection is made within 20 days, the conservator
29must submit a proposed order to the court approving the initial
30plan. If there are objections to the plan, the court must set
31the matter for hearing.
   32The bill makes conforming changes throughout the Code by
33changing the term “ward” to “protected person”.
-41-cm/ns

Additional Formats

Affected Code