Text: HF02239 Text: HF02241 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2240 1 2 1 3 AN ACT 1 4 RELATING TO NOTICE AND THE APPOINTMENT OF COUNSEL IN GUARDIAN- 1 5 SHIP AND CONSERVATORSHIP PROCEEDINGS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 633.554, Code 1999, is amended to read 1 10 as follows: 1 11 633.554 NOTICE TO PROPOSED WARD. 1 12 1. a. If the proposed ward is an adult, notice of the 1 13 filing of the petition shall be served upon the proposed ward 1 14 in the manner of an original notice and the content of the 1 15 notice is governed by the rules of civil procedure governing 1 16 original notice. 1 17 b. Except where the proposed ward is the petitioner, 1 18 notice shall also be served upon the ward's spouse. If the 1 19 proposed ward has no spouse, notice shall be served upon the 1 20 proposed ward's adult children, if any. 1 21 2. a. If the proposed ward is a minor or if the proposed 1 22 ward is an adult under a standby petition and the court 1 23 determines, pursuant to section 633.561, subsection 1, 1 24 paragraph "b", that the proposed ward is entitled to 1 25 representation, notice in the manner of original notice, or 1 26 another form of notice ordered by the court, given to the 1 27 attorney appointed to represent the ward is notice to the 1 28 proposed ward. 1 29 b. Notice shall also be served upon: 1 30 (1) The parents of the proposed ward, if the proposed ward 1 31 is a minor. 1 32 (2) The spouse of the proposed ward, if the proposed ward 1 33 is an adult. If the proposed ward has no spouse, notice shall 1 34 be served upon the proposed ward's adult children, if any. 1 35 3. Service of notice under this section upon persons other 2 1 than the proposed ward shall be made upon such persons whose 2 2 identities are reasonably ascertainable pursuant to section 2 3 633.40, subsection 5. Proof of service shall be made by 2 4 affidavit, to which copies of all documents served shall be 2 5 attached. 2 6 Sec. 2. Section 633.561, subsection 1, Code 1999, is 2 7 amended to read as follows: 2 8 1. In a proceeding for the appointment of a guardian, if: 2 9 a. If the proposed ward is an adult and is not the 2 10 petitioner, the proposed ward is entitled to representation. 2 11In a proceeding for the appointment of a guardian, ifUpon the 2 12 filing of the petition, the court shall appoint an attorney to 2 13 represent the proposed ward, set a hearing on the petition, 2 14 and provide for notice of the appointment of counsel and the 2 15 date for hearing. 2 16 b. If the proposed ward is either a minor orif the2 17proposed ward isan adult under a standby petition, the court 2 18 shall determine whether, under the circumstances of the case, 2 19 the proposed ward is entitled to representation. The 2 20 determination regarding representationshallmay be madeonly2 21afterwith or without notice to the proposed ward,is madeas 2 22 the court deems necessary. If the court determines that the 2 23 proposed ward is entitled to representation, the court shall 2 24 appoint an attorney to represent the proposed ward. After 2 25 making the determination regarding representation, the court 2 26 shall set a hearing on the petition, and provide for notice on 2 27 the determination regarding representation and the date for 2 28 hearing. 2 29 c. The court may take action under paragraph "a" or "b" 2 30 prior to the service of the original notice upon the proposed 2 31 ward. 2 32 d. The court may reconsider the determination regarding 2 33 representation upon application by any interested person. 2 34 e. The court may discharge the attorney appointed by the 2 35 court if it appears upon the application of the proposed ward 3 1 or any other interested person that the ward has privately 3 2 retained an attorney who has filed an appearance on behalf of 3 3 the proposed ward. 3 4 Sec. 3. Section 633.562, Code 1999, is amended to read as 3 5 follows: 3 6 633.562 NOTIFICATION OF GUARDIANSHIP POWERS. 3 7 In a proceeding for the appointment of a guardian, the 3 8 proposed ward shall be given written notice which advises the 3 9 proposed ward that if a guardian is appointed, the guardian 3 10 may, without court approval, provide for the care of the ward, 3 11 manage the ward's personal property and effects, assist the 3 12 ward in developing self-reliance and receiving professional 3 13 care, counseling, treatment or services as needed, and ensure 3 14 that the ward receives necessary emergency medical services. 3 15 The notice shall also advise the proposed ward that, upon the 3 16 court's approval, the guardian may change the ward's permanent 3 17 residence to a more restrictive residence, and arrange for 3 18 major elective surgery or any other nonemergency major medical 3 19 procedure. The notice shall clearly advise the proposed ward 3 20 in boldfaced type of a minimum size of ten points, of the 3 21 right to counsel and the potential deprivation of the proposed 3 22 ward's civil rights. The notice shall also state that the 3 23 proposed ward may use the ward's own attorney instead of an 3 24 attorney appointed by the court. In an involuntary 3 25 guardianship proceeding, the notice shall be served upon the 3 26 proposed ward with the notice of the filing of the petition as 3 27 provided in section 633.554. 3 28 Sec. 4. Section 633.568, Code 1999, is amended to read as 3 29 follows: 3 30 633.568 NOTICE TO PROPOSED WARD. 3 31 1. a. If the proposed ward is an adult, notice of the 3 32 filing of the petition shall be served upon the proposed ward 3 33 in the manner of an original notice and the content of the 3 34 notice is governed by the rules of civil procedure governing 3 35 original notice. 4 1 b. Except where the ward is the petitioner, notice shall 4 2 also be served upon the ward's spouse. If the ward has no 4 3 spouse, notice shall be served upon the ward's adult children, 4 4 if any. 4 5 2. a. If the proposed ward is a minor and the court 4 6 determines, pursuant to section 633.575, subsection 1, 4 7 paragraph "b", that the proposed ward is entitled to 4 8 representation, notice in the manner of original notice, or 4 9 another form of notice ordered by the court, given to the 4 10 attorney appointed to represent the ward is notice to the 4 11 proposed ward. 4 12 b. Notice shall also be served upon the parents of the 4 13 proposed ward. 4 14 3. Service of notice under this section upon persons other 4 15 than the proposed ward shall be made upon such persons whose 4 16 identities are reasonably ascertainable pursuant to section 4 17 633.40, subsection 5. Proof of service shall be made by 4 18 affidavit, to which copies of all documents served shall be 4 19 attached. 4 20 Sec. 5. Section 633.575, subsection 1, Code 1999, is 4 21 amended to read as follows: 4 22 1. In a proceeding for the appointment of a conservator,4 23if: 4 24 a. If the proposed ward is an adult and is not the 4 25 petitioner, the proposed ward is entitled to representation. 4 26 Upon the filing of the petition, the court shall appoint an 4 27 attorney to represent the proposed ward, set a hearing on the 4 28 petition, and provide for notice of the appointment of counsel 4 29 and the date for hearing. 4 30 b.In a proceeding for the appointment of a conservator,4 31ifIf the proposed ward is either a minor orwhere the4 32proposed ward isan adult under a standby petition, the court 4 33 shall determine whether, under the circumstances of the case, 4 34 the proposed ward is entitled to representation. The 4 35 determination regarding representationshallmay be madeonly5 1afterwith or without notice to the proposed ward,is madeas 5 2 the court deems necessary. If the court determines that the 5 3 proposed ward is entitled to representation, the court shall 5 4 appoint an attorney to represent the proposed ward. After 5 5 making the determination regarding representation, the court 5 6 shall set a hearing on the petition, and provide for notice on 5 7 the determination regarding representation and the date for 5 8 hearing. 5 9 c. The court may take action under paragraph "a" or "b" 5 10 prior to the service of the original notice upon the proposed 5 11 ward. 5 12 d. The court may reconsider the determination regarding 5 13 representation upon application by any interested person. 5 14 e. The court may discharge the attorney appointed by the 5 15 court if it appears upon the application of the proposed ward 5 16 or any other interested person that the ward has privately 5 17 retained an attorney who has filed an appearance on behalf of 5 18 the proposed ward. 5 19 Sec. 6. Section 633.576, Code 1999, is amended to read as 5 20 follows: 5 21 633.576 NOTIFICATION OF CONSERVATORSHIP POWERS. 5 22 In a proceeding for the appointment of a conservator, the 5 23 proposed ward shall be given written notice which advises the 5 24 proposed ward that if a conservator is appointed, the 5 25 conservator may, without court approval, manage the proposed 5 26 ward's principal, income, and investments, sue and defend any 5 27 claim by or against the ward, sell and transfer personal 5 28 property, and vote at corporate meetings. The notice shall 5 29 also advise the proposed ward that, upon the court's approval, 5 30 the conservator may invest the ward's funds, execute leases, 5 31 make payments to or for the benefit of the ward, support the 5 32 ward's legal dependents, compromise or settle any claim, and 5 33 do any other thing that the court determines is in the ward's 5 34 best interests. The notice shall clearly advise the proposed 5 35 ward, in boldfaced type of a minimum size of ten points, of 6 1 the right to counsel and the potential deprivation of the 6 2 proposed ward's civil rights. The notice shall also state 6 3 that the proposed ward may use the ward's own attorney instead 6 4 of an attorney appointed by the court. In an involuntary 6 5 conservatorship proceeding, the notice shall be served upon 6 6 the proposed ward with the notice of the filing of the 6 7 petition as provided in section 633.568. 6 8 6 9 6 10 6 11 BRENT SIEGRIST 6 12 Speaker of the House 6 13 6 14 6 15 6 16 MARY E. KRAMER 6 17 President of the Senate 6 18 6 19 I hereby certify that this bill originated in the House and 6 20 is known as House File 2240, Seventy-eighth General Assembly. 6 21 6 22 6 23 6 24 ELIZABETH ISAACSON 6 25 Chief Clerk of the House 6 26 Approved , 2000 6 27 6 28 6 29 6 30 THOMAS J. VILSACK 6 31 Governor
Text: HF02239 Text: HF02241 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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