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PAG LIN
1 1 Section 1. Section 633.552, Code 1995, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 6. That the proposed ward, if a person
1 4 under subsection 2, paragraph "a", has been, or will have been
1 5 prior to trial, medically evaluated to determine any long-term
1 6 impairment of judgment or competency.
1 7 Sec. 2. Section 633.554, Code 1995, is amended to read as
1 8 follows:
1 9 633.554 NOTICE TO PROPOSED WARD &endash; PUBLICATION.
1 10 If the proposed ward is an adult, notice of the filing of
1 11 the petition shall be served upon the proposed ward in the
1 12 manner of an original notice and the content of the notice is
1 13 governed by the rules of civil procedure governing original
1 14 notice. If the proposed ward is a minor or if the proposed
1 15 ward is an adult under a standby petition and the court
1 16 determines, pursuant to section 633.561, subsection 1, that
1 17 the proposed ward is entitled to representation, notice in the
1 18 manner of original notice, or another form of notice ordered
1 19 by the court, given to the attorney appointed to represent the
1 20 ward is notice to the proposed ward.
1 21 Notice of the guardianship proceeding shall also be
1 22 published in accordance with chapter 618 not less than seven
1 23 days prior to the proceeding.
1 24 Sec. 3. Section 633.559, Code 1995, is amended to read as
1 25 follows:
1 26 633.559 PREFERENCE AS TO APPOINTMENT OF GUARDIAN.
1 27 The parents of a minor, or either of them, if qualified and
1 28 suitable, shall be preferred over all others for appointment
1 29 as guardian. Preference shall then be given to any person, if
1 30 qualified and suitable, nominated as guardian for a minor
1 31 child by a will executed by the parent having custody of a
1 32 minor child, and any qualified and suitable person requested
1 33 by a minor fourteen years of age or older, or by standby
1 34 petition executed by a person having physical and legal
1 35 custody of a minor. A member of the proposed adult ward's
2 1 immediate family shall be preferred over all others for
2 2 appointment of a guardian unless the proposed adult ward
2 3 objects. Subject to these preferences, the court shall
2 4 appoint as guardian a qualified and suitable person who is
2 5 willing to serve in that capacity.
2 6 Sec. 4. Section 633.561, Code 1995, is amended by adding
2 7 the following new subsection:
2 8 NEW SUBSECTION. 7. A proposed guardian may also be
2 9 represented by counsel at the proceeding.
2 10 Sec. 5. Section 633.566, Code 1995, is amended by adding
2 11 the following new subsection:
2 12 NEW SUBSECTION. 7. That the proposed ward, if a person
2 13 under subsection 2, paragraph "a", has been, or will have been
2 14 prior to trial, medically evaluated to determine any long-term
2 15 impairment of judgment or competency.
2 16 Sec. 6. Section 633.568, Code 1995, is amended to read as
2 17 follows:
2 18 633.568 NOTICE TO PROPOSED WARD &endash; PUBLICATION.
2 19 If the proposed ward is an adult, notice of the filing of
2 20 the petition shall be served upon the proposed ward in the
2 21 manner of an original notice and the content of the notice is
2 22 governed by the rules of civil procedure governing original
2 23 notice. If the proposed ward is a minor and the court
2 24 determines, pursuant to section 633.575, subsection 1, that
2 25 the proposed ward is entitled to representation, notice in the
2 26 manner of original notice, or another form of notice ordered
2 27 by the court, given to the attorney appointed to represent the
2 28 ward is notice to the proposed ward.
2 29 Notice of the conservatorship proceeding shall also be
2 30 published in accordance with chapter 618 not less than seven
2 31 days prior to the proceeding.
2 32 Sec. 7. Section 633.571, Code 1995, is amended to read as
2 33 follows:
2 34 633.571 PREFERENCE AS TO APPOINTMENT OF CONSERVATOR.
2 35 The parents of a minor, or either of them, if qualified and
3 1 suitable, shall be preferred over all others for appointment
3 2 as conservator. Preference shall then be given to any person,
3 3 if qualified and suitable, nominated as conservator for a
3 4 minor child by a will executed by the parent having custody of
3 5 a minor child, and any qualified and suitable person requested
3 6 by a minor fourteen years of age or older, or by standby
3 7 petition executed by a person having physical and legal
3 8 custody of a minor. A member of the proposed adult ward's
3 9 immediate family shall be preferred over all others for
3 10 appointment of a conservator unless the proposed adult ward
3 11 objects. Subject to these preferences, the court shall
3 12 appoint as conservator a qualified and suitable person who is
3 13 willing to serve in that capacity.
3 14 Sec. 8. Section 633.575, Code 1995, is amended by adding
3 15 the following new subsection:
3 16 NEW SUBSECTION. 7. A proposed conservator may also be
3 17 represented by counsel at the proceeding.
3 18 Sec. 9. Section 633.635, Code 1995, is amended by adding
3 19 the following new subsection:
3 20 NEW SUBSECTION. 5. The guardian shall have the ward
3 21 medically evaluated annually to determine whether the ward
3 22 still meets the criteria for appointment of a guardian under
3 23 section 633.552, subsection 2, paragraph "a".
3 24 Sec. 10. Section 633.641, Code 1995, is amended by adding
3 25 the following new unnumbered paragraph:
3 26 NEW UNNUMBERED PARAGRAPH. The conservator shall have the
3 27 ward medically evaluated annually to determine whether the
3 28 ward still meets the criteria for appointment of a conservator
3 29 under section 633.566, subsection 2, paragraph "a".
3 30 EXPLANATION
3 31 This bill provides that in involuntary proceedings for the
3 32 appointment of a guardian or a conservator, the proposed ward
3 33 shall be medically evaluated regarding the proposed ward's
3 34 physical or mental incapacity prior to the proceeding in which
3 35 the guardian or conservator is appointed. The bill also
4 1 provides that a guardian or conservator shall have the ward
4 2 medically evaluated annually to determine whether the
4 3 incapacity still exists.
4 4 In addition, the bill provides that a notice of the pending
4 5 guardianship or conservatorship proceeding is to be published
4 6 in the manner of other legal notices under chapter 618.
4 7 The bill also permits a proposed guardian or conservator to
4 8 be represented by an attorney at the guardianship or
4 9 conservatorship proceeding.
4 10 Further, the bill provides that a member of a proposed
4 11 adult ward's family is the preferable guardian or conservator
4 12 unless the proposed ward objects.
4 13 LSB 2218SS 76
4 14 mk/jw/5
Text: SF00275 Text: SF00277 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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