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Text: S05746                            Text: S05748
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Senate Amendment 5747

Amendment Text

PAG LIN
  1  1    Amend Senate File 2463 as follows:
  1  2    #1.  Page 6, by inserting after line 3 the
  1  3 following:
  1  4    "Sec.    .  Section 633.552, subsection 2,
  1  5 paragraphs a and b, Code 1995, are amended by striking
  1  6 the paragraphs and inserting in lieu thereof the
  1  7 following:
  1  8    a.  A person whose decision-making capacity is so
  1  9 impaired that at least one of the following conditions
  1 10 exists:
  1 11    (1)  The personal safety of the person is at risk.
  1 12    (2)  The person is unable to attend to or provide
  1 13 for necessities such as food, shelter, clothing, or
  1 14 medical care, without which physical injury or illness
  1 15 may occur.
  1 16    b.  A minor.
  1 17    Sec.    .  Section 633.556, Code 1995, is amended
  1 18 to read as follows:
  1 19    633.556  APPOINTMENT OF GUARDIAN.
  1 20    1.  If the allegations of the petition as to the
  1 21 status of the proposed ward and the necessity for the
  1 22 appointment of a guardian are proved by clear and
  1 23 convincing evidence, the court may appoint a guardian.
  1 24    2.  In considering the petition for appointment of
  1 25 a guardian, the court shall consider whether a limited
  1 26 guardianship should be ordered pursuant to section
  1 27 633.635, subsections 3 and 4.
  1 28    Sec.    .  Section 633.566, subsection 2,
  1 29 paragraphs a and b, Code 1995, are amended by striking
  1 30 the paragraphs and inserting in lieu thereof the
  1 31 following:
  1 32    a.  A person  whose decision-making capacity is so
  1 33 impaired that the person is unable to make,
  1 34 communicate, or carry out important decisions
  1 35 concerning the person's own financial affairs.
  1 36    b.  A minor.
  1 37    Sec.    .  Section 633.570, Code 1995, is amended
  1 38 to read as follows:
  1 39    633.570  APPOINTMENT OF CONSERVATOR.
  1 40    1.  If the allegations of the petition as to the
  1 41 status of the proposed ward and the necessity for the
  1 42 appointment of a conservator are proved by clear and
  1 43 convincing evidence, the court may appoint a
  1 44 conservator.
  1 45    2.  In considering the petition for appointment of
  1 46 a conservator, the court shall consider whether a
  1 47 limited conservatorship should be ordered pursuant to
  1 48 section 633.637.
  1 49    Sec.    .  Section 633.635, subsection 1,
  1 50 unnumbered paragraph 1, Code 1995, is amended by
  2  1 striking the paragraph and inserting in lieu thereof
  2  2 the following:
  2  3    Based upon the evidence produced at the hearing,
  2  4 the court may grant a guardian authority to exercise
  2  5 any of the following powers and duties:
  2  6    Sec.    .  Section 633.635, subsections 3 and 4,
  2  7 Code 1995, are amended to read as follows:
  2  8    3.  The court may take into account all available
  2  9 information concerning the capabilities of the ward,
  2 10 the availability of a third party who may assist in
  2 11 meeting the ward's needs, and any additional
  2 12 evaluation deemed necessary, and may direct that the
  2 13 guardian have only a specially limited responsibility
  2 14 for the ward.  In that event, the court shall state
  2 15 those areas of responsibility which shall be
  2 16 supervised by the guardian and all others shall be
  2 17 retained by the ward.  The court may make a finding
  2 18 that the ward lacks the capacity to contract a valid
  2 19 marriage.
  2 20    4.  From time to time, upon a proper showing, the
  2 21 court may alter the respective responsibilities of the
  2 22 guardian and the ward, after notice to the ward and an
  2 23 opportunity to be heard.  Any modification that would
  2 24 be more restrictive of the ward's liberties shall be
  2 25 based on clear and convincing evidence.  Any
  2 26 modification that would be less restrictive of the
  2 27 ward's liberties shall be based upon consideration of
  2 28 the factors set forth in section 633.675.
  2 29    Sec.    .  Section 633.637, Code 1995, is amended
  2 30 to read as follows:
  2 31    633.637  POWERS OF WARD.
  2 32    1.  A ward for whom a conservator has been
  2 33 appointed shall not have the power to convey, encumber
  2 34 or dispose of property in any manner, other than by
  2 35 will if the ward possesses the requisite testamentary
  2 36 capacity, unless the court determines that the ward
  2 37 has a limited ability to handle the ward's own funds.
  2 38 If the court makes such a finding, it shall specify to
  2 39 what extent the ward may possess and use the ward's
  2 40 own funds.
  2 41    2.  Any modification of the powers of the ward that
  2 42 would be more restrictive of the ward's control of the
  2 43 ward's property shall be based on clear and convincing
  2 44 evidence.  Any modification that would be less
  2 45 restrictive shall be based upon consideration of the
  2 46 factors set forth in section 633.675.
  2 47    Sec.    .  Section 633.675, subsection 3, Code
  2 48 1995, is amended to read as follows:
  2 49    3.  A For a guardianship granted pursuant to
  2 50 section 633.552, subsection 2, paragraph "a", or a
  3  1 conservatorship granted pursuant to section 633.566,
  3  2 subsection 2, paragraph "a", a determination by the
  3  3 court that the ward is competent and capable of
  3  4 managing the ward's property and affairs, and that the
  3  5 continuance of the guardianship or conservatorship
  3  6 would not be in the ward's best interests ward's
  3  7 decision-making capacity is no longer so impaired.
  3  8    In a proceeding to terminate such a guardianship or
  3  9 a conservatorship, the ward must make a prima facie
  3 10 showing that the ward has some decision-making
  3 11 capacity.  Once the ward has made the showing, the
  3 12 guardian or conservator has the burden to prove by
  3 13 clear and convincing evidence that the ward's
  3 14 decision-making capacity continues to be so impaired
  3 15 that the guardianship or conservatorship should not be
  3 16 terminated, according to the standard set forth in
  3 17 section 633.552, subsection 2, paragraph "a", or in
  3 18 section 633.566, subsection 2, paragraph "a"."
  3 19    #2.  Title page, line 5, by inserting after the
  3 20 word "payments," the following:  "certain standards
  3 21 used in guardianship and conservatorship
  3 22 proceedings,".
  3 23    #3.  By renumbering as necessary.  
  3 24 
  3 25 
  3 26                              
  3 27 MARY NEUHAUSER
  3 28 SF 2463.704 76
  3 29 jls/sc
     

Text: S05746                            Text: S05748
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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