Text: S05746 Text: S05748 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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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.AFor 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 theward is competent and capable of3 4managing the ward's property and affairs, and that the3 5continuance of the guardianship or conservatorship3 6would not be in the ward's best interestsward'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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