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House Journal: Page 1289: Wednesday, April 16, 1997

Chapman of Linn offered the following amendment H-1697 filed by
Dinkla, et al., and moved its adoption:

H-1697

 1     Amend Senate File 241 as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 633.3, Code 1997, is amended
 6   by adding the following new subsection:
 7     NEW SUBSECTION.  18A.  FUNCTIONAL LIMITATIONS -
 8   means the behavior or condition of a person which
 9   impairs the person's ability to care for the person's
10   personal safety or to attend to or provide for
11   necessities for the person.
12     Sec. 2.  Section 633.3, subsection 22, Code 1997,
13   is amended to read as follows:
14     22.  INCOMPETENT _ includes means the condition of
15   any person who has been adjudicated by a court to be
16   incapable of managing the person's property, or caring
17   for the person's own self, or both to meet at least
18   one of the following conditions:
19     a.  To have a decision-making capacity which is so
20   impaired that the person is unable to care for the
21   person's personal safety or to attend to or provide
22   for necessities for the person such as food, shelter,
23   clothing, or medical care, without which physical
24   injury or illness may occur.
25     b.  To have a decision-making capacity which is so
26   impaired that the person is unable to make,
27   communicate, or carry out important decisions
28   concerning the person's financial affairs.
29     c.  To have a decision-making capacity which is so
30   impaired that both paragraphs "a" and "b" are
31   applicable to the person."
32     2.  Page 1, by inserting after line 6 the
33   following:
34     "Sec. ___.  NEW SECTION.  633.551A  GUARDIANSHIPS
35   AND CONSERVATORSHIPS - GENERAL PROVISIONS.
36     1.  The determination of incompetency of the
37   proposed ward or ward and the determination of the
38   need for the appointment of a guardian or conservator
39   or of the modification or termination of a
40   guardianship or conservatorship shall be supported by
41   clear and convincing evidence.
42     2.  The burden of persuasion is on the petitioner
43   in an initial proceeding to appoint a guardian or
44   conservator.  In a proceeding to modify or terminate a
45   guardianship or conservatorship, if the guardian or
46   conservator is the petitioner, the burden of
47   persuasion remains with the guardian or conservator.
48   In a proceeding to terminate a guardianship or

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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Last update: Thu Apr 17 13:40:03 CDT 1997
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