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PAG LIN 1 1 Section 1. Section 633.36, Code 1995, is amended to read 1 2 as follows: 1 3 633.36 ORDERS IN PROBATE. 1 4 All orders and decrees of the court sitting in probate and 1 5 all orders appointing a guardian or conservator under section 1 6 633.557, 633.560, 633.572, or 633.591 are final decrees as to 1 7 the parties having notice and those who have appeared without 1 8 notice and are not subject to collateral attack in another 1 9 proceeding. 1 10 Sec. 2. Section 633.557, Code 1995, is amended to read as 1 11 follows: 1 12 633.557 APPOINTMENT OF GUARDIAN ON VOLUNTARY PETITION. 1 13 A guardian may also be appointed by the court upon the 1 14 verified petition of the proposed ward, without further 1 15 notice, if the proposed ward is other than a minor under the 1 16 age of fourteen years, provided the court determines that such 1 17 an appointment willinure tobe in the best interest of the 1 18 applicant. The appointment of a guardian under this section 1 19 shall be an absolute defense to an involuntary petition under 1 20 section 633.552 for appointment of a guardian and the court 1 21 shall dismiss a petition under that section upon a showing by 1 22 the voluntary guardian that a valid order under this section 1 23 exists. However, if an involuntary petition is pending, the 1 24 court shall be governed by section 633.634. The petition 1 25 shall provide the proposed ward notice of a guardian's powers 1 26 as provided in section 633.562. 1 27 Sec. 3. Section 633.560, Code 1995, is amended to read as 1 28 follows: 1 29 633.560 APPOINTMENT OF GUARDIAN ON A STANDBY BASIS. 1 30 A petition for the appointment of a guardian on a standby 1 31 basis may be filed by any person under the same procedure and 1 32 requirements as provided in sections 633.591 to 633.597, for 1 33 appointment of standby conservator, insofar as applicable. 1 34 The appointment of a guardian under this section shall be an 1 35 absolute defense to an involuntary petition under section 2 1 633.552 for appointment of a guardian and the court shall 2 2 dismiss a petition under that section upon a showing by the 2 3 voluntary guardian that a valid order under this section 2 4 exists. 2 5 Sec. 4. Section 633.572, Code 1995, is amended to read as 2 6 follows: 2 7 633.572 APPOINTMENT OF CONSERVATOR ON VOLUNTARY PETITION. 2 8 A conservator may also be appointed by the court upon the 2 9 verified petition of the proposed ward, without further 2 10 notice, if the proposed ward is other than a minor under the 2 11 age of fourteen years, provided the court determines that such 2 12 an appointment willinure tobe in the best interest of the 2 13 applicant. The appointment of a conservator under this 2 14 section shall be an absolute defense to an involuntary 2 15 petition under section 633.566 for appointment of a 2 16 conservator and the court shall dismiss a petition under that 2 17 section upon a showing by the voluntary conservator that a 2 18 valid order under this section exists. However, if an 2 19 involuntary petition is pending, the court shall be governed 2 20 by section 633.634. The petition shall provide the proposed 2 21 ward notice of a conservator's powers as provided in section 2 22 633.576. 2 23 Sec. 5. Section 633.591, Code 1995, is amended to read as 2 24 follows: 2 25 633.591 VOLUNTARY PETITION FOR APPOINTMENT OF CONSERVATOR 2 26 &endash; STANDBY BASIS. 2 27 Any person of full age and sound mind may execute a 2 28 verified petition for the voluntary appointment of a 2 29 conservator of the person's property upon the express 2 30 condition that such petition shall be acted upon by the court 2 31 only upon the occurrence of an event specified or the 2 32 existence of a described condition of the mental or physical 2 33 health of the petitioner, the occurrence of which event, or 2 34 the existence of which condition, shall be established in the 2 35 manner directed in the petition. The petition, if executed on 3 1 or after January 1, 1991, shall advise the proposed ward of a 3 2 conservator's powers as provided in section 633.576. The 3 3 appointment of a conservator under this section shall be an 3 4 absolute defense to an involuntary petition under section 3 5 633.566 for appointment of a conservator and the court shall 3 6 dismiss a petition under that section upon a showing by the 3 7 voluntary conservator that a valid order under this section 3 8 exists. 3 9 Sec. 6. Section 633.634, Code 1995, is amended to read as 3 10 follows: 3 11 633.634 COMBINATION OF VOLUNTARY AND STANDBY PETITIONS 3 12 WITH INVOLUNTARY PETITION FOR HEARING. 3 13 If prior to the time of hearing on a petition for the 3 14 appointment of a guardian or a conservator, a petition is 3 15 filed under the provisions of section 633.557, 633.560, 3 16 633.572, or 633.591, the court shall combine the hearing on 3 17 such petitions and determine who shall be appointed guardian 3 18 or conservator, and such petition shall be triable to the 3 19 court. However, if a petition is filed under the provisions 3 20 of section 633.557, 633.560, 633.572, or 633.591, a later- 3 21 filed involuntary petition shall not be joined with the 3 22 voluntary or standby petition, and a person other than the 3 23 person named in the voluntary or standby petition as guardian 3 24 or conservator shall not be allowed to intervene. 3 25 EXPLANATION 3 26 This bill specifies that orders appointing voluntary 3 27 guardians and conservators are final orders and provides that 3 28 those orders cannot be set aside in another proceeding, for 3 29 example, a subsequent petition to appoint an involuntary 3 30 guardian or conservator. The bill also provides that a valid 3 31 order appointing a guardian or conservator on a voluntary or 3 32 standby basis is a defense to an action to appoint a guardian 3 33 or conservator on an involuntary basis and requires an 3 34 involuntary petition to be dismissed if a valid voluntary or 3 35 standby order exists. In addition, the bill prohibits the 4 1 joinder of an involuntary petition for appointment of a 4 2 guardian or conservator with a previously filed voluntary 4 3 petition or the intervention in a proceeding to appoint a 4 4 guardian or conservator on a voluntary or standby basis by any 4 5 person other than the person named in the petition as the 4 6 voluntary or standby guardian or conservator. 4 7 LSB 1638SS 76 4 8 mk/jj/8
Text: SF00129 Text: SF00131 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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