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House Journal: Page 1293: Wednesday, April 16, 1997

49   contract a valid marriage.
50     4.  From time to time, upon a proper showing, the

Page 5

 1   court may alter modify the respective
responsibilities
 2   of the guardian and the ward, after notice to the ward
 3   and an opportunity to be heard.  Any modification that
 4   would be more restrictive or burdensome for the ward
 5   shall be based on clear and convincing evidence that
 6   the ward continues to fall within the categories of
 7   section 633.552, subsection 2, paragraph "a" or "b",
 8   and that the facts justify a modification of the
 9   guardianship.  Section 633.551A applies to the
10   modification proceedings.  Any modification that would
11   be less restrictive for the ward shall be based upon
12   proof in accordance with the requirements of section
13   633.675.
14     Sec. ___.  Section 633.637, Code 1997, is amended
15   to read as follows:
16     633.637  POWERS OF WARD.
17     A ward for whom a conservator has been appointed
18   shall not have the power to convey, encumber, or
19   dispose of property in any manner, other than by will
20   if the ward possesses the requisite testamentary
21   capacity, unless the court determines that the ward
22   has a limited ability to handle the ward's own funds.
23   If the court makes such a finding, it shall specify to
24   what extent the ward may possess and use the ward's
25   own funds.
26     Any modification of the powers of the ward that
27   would be more restrictive of the ward's control over
28   the ward's financial affairs shall be based upon clear
29   and convincing evidence and the burden of persuasion
30   is on the conservator.  Any modification that would be
31   less restrictive of the ward's control over the ward's
32   financial affairs shall be based upon proof in
33   accordance with the requirements of section 633.675.
34     Sec. ___.  Section 633.675, subsection 3, Code
35   1997, is amended to read as follows:
36     3.  A determination by the court that the ward is
37   competent and capable of managing the ward's property
38   and affairs, and that the continuance of the
39   guardianship or conservatorship would not be in the
40   ward's best interests no longer a person whose
41   decision-making capacity is so impaired as to bring
42   the ward within the categories of section 633.552,
43   subsection 2, paragraph "a", or section 633.566,
44   subsection 2, paragraph "a".  In a proceeding to
45   terminate a guardianship or a conservatorship, the
46   ward shall make a prima facie showing that the ward
47   has some decision-making capacity.  Once the ward has
48   made that showing, the guardian or conservator has the

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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