This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1290: Wednesday, April 16, 1997

49   conservatorship, if the ward is the petitioner, the
50   ward shall make a prima facie showing of some

Page 2  

 1   decision-making capacity.  Once a prima facie showing
 2   is made, the burden of persuasion is on the guardian
 3   or conservator to show by clear and convincing
 4   evidence that the ward is incompetent.
 5     3.  In determining whether a guardianship or
 6   conservatorship is to be established, modified, or
 7   terminated, the district court shall consider if a
 8   limited guardianship or conservatorship pursuant to
 9   section 633.635 or 633.637 is appropriate.  In making
10   the determination, the court shall make findings of
11   fact to support the powers conferred on the guardian
12   or conservator.
13     4.  In proceedings to establish, modify, or
14   terminate a guardianship or conservatorship, in
15   determining if the proposed ward or ward is
16   incompetent as defined in section 633.3, the court
17   shall consider credible evidence from any source to
18   the effect of third-party assistance in meeting the
19   needs of the proposed ward or ward.  However, neither
20   party to the action shall have the burden to produce
21   such evidence relating to third-party assistance.
22     Sec. ___.  Section 633.552, subsection 2, paragraph
23   a, Code 1997, is amended to read as follows:
24     a.  By reason of mental, physical or other
25   incapacity is unable to make or carry out important
26   decisions concerning the proposed ward's person or
27   affairs, other than financial affairs.
28     a.  Is a person whose decision-making capacity is
29   so impaired that the person is unable to care for the
30   person's personal safety or to attend to or provide
31   for necessities for the person such as food, shelter,
32   clothing, or medical care, without which physical
33   injury or illness might occur.
34     Sec. ___.  Section 633.556, Code 1997, is amended
35   to read as follows:
36     633.556  APPOINTMENT OF GUARDIAN.
37     1.  If the allegations of the petition as to the
38   status of the proposed ward and the necessity for the
39   appointment of a guardian are proved by clear and
40   convincing evidence, the court may appoint a guardian.
41     2.  In all proceedings to appoint a guardian, the
42   court shall consider the functional limitations of the
43   proposed ward and whether a limited guardianship, as
44   authorized in section 633.635, is appropriate.
45     3.  Section 633.551A applies to the appointment of
46   a conservator.
47     Sec. ___.  Section 633.557, Code 1997, is amended
48   to read as follows:

Iowa General Assembly

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

© 1997 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Apr 17 13:40:03 CDT 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/01200/01290.html
jhf