Text: HSB00562                          Text: HSB00564
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 563

Bill Text

PAG LIN
  1  1    Section 1.  Section 633.554, Code 1999, is amended to read
  1  2 as follows:
  1  3    633.554  NOTICE TO PROPOSED WARD.
  1  4    1.  a.  If the proposed ward is an adult, notice of the
  1  5 filing of the petition shall be served upon the proposed ward
  1  6 in the manner of an original notice and the content of the
  1  7 notice is governed by the rules of civil procedure governing
  1  8 original notice.
  1  9    b.  Except where the proposed ward is the petitioner,
  1 10 notice shall also be served upon the ward's spouse.  If the
  1 11 proposed ward has no spouse, notice shall be served upon the
  1 12 proposed ward's adult children, if any.
  1 13    2.  a.  If the proposed ward is a minor or if the proposed
  1 14 ward is an adult under a standby petition and the court
  1 15 determines, pursuant to section 633.561, subsection 1,
  1 16 paragraph "b", that the proposed ward is entitled to
  1 17 representation, notice in the manner of original notice, or
  1 18 another form of notice ordered by the court, given to the
  1 19 attorney appointed to represent the ward is notice to the
  1 20 proposed ward.
  1 21    b.  Notice shall also be served upon:
  1 22    (1)  The parents of the proposed ward, if the proposed ward
  1 23 is a minor.
  1 24    (2)  The spouse of the proposed ward, if the proposed ward
  1 25 is an adult.  If the proposed ward has no spouse, notice shall
  1 26 be served upon the proposed ward's adult children, if any.
  1 27    3.  Service of notice under this section upon persons other
  1 28 than the proposed ward shall be made pursuant to section
  1 29 633.40, subsection 5.  Proof of service shall be made by
  1 30 affidavit, to which copies of all documents served shall be
  1 31 attached.
  1 32    Sec. 2.  Section 633.561, subsection 1, Code 1999, is
  1 33 amended to read as follows:
  1 34    1.  In a proceeding for the appointment of a guardian, if:
  1 35    a.  If the proposed ward is an adult and is not the
  2  1 petitioner, the proposed ward is entitled to representation.
  2  2 In a proceeding for the appointment of a guardian, if Upon the
  2  3 filing of the petition, the court shall appoint an attorney to
  2  4 represent the proposed ward, set a hearing on the petition,
  2  5 and provide for notice of the appointment of counsel and the
  2  6 date for hearing.
  2  7    b.  If the proposed ward is either a minor or if the
  2  8 proposed ward is an adult under a standby petition, the court
  2  9 shall determine whether, under the circumstances of the case,
  2 10 the proposed ward is entitled to representation.  The
  2 11 determination regarding representation shall may be made only
  2 12 after with or without notice to the proposed ward, is made as
  2 13 the court deems necessary.  If the court determines that the
  2 14 proposed ward is entitled to representation, the court shall
  2 15 appoint an attorney to represent the proposed ward.  After
  2 16 making the determination regarding representation, the court
  2 17 shall set a hearing on the petition, and provide for notice on
  2 18 the determination regarding representation and the date for
  2 19 hearing.
  2 20    c.  The court may take action under paragraph "a" or "b"
  2 21 prior to the service of the original notice upon the proposed
  2 22 ward.
  2 23    d.  The court may reconsider the determination regarding
  2 24 representation upon application by any interested person.
  2 25    e.  The court may discharge the attorney appointed by the
  2 26 court if it appears upon the application of the proposed ward
  2 27 or any other interested person that the ward has privately
  2 28 retained an attorney who has filed an appearance on behalf of
  2 29 the proposed ward.
  2 30    Sec. 3.  Section 633.562, Code 1999, is amended to read as
  2 31 follows:
  2 32    633.562  NOTIFICATION OF GUARDIANSHIP POWERS.
  2 33    In a proceeding for the appointment of a guardian, the
  2 34 proposed ward shall be given written notice which advises the
  2 35 proposed ward that if a guardian is appointed, the guardian
  3  1 may, without court approval, provide for the care of the ward,
  3  2 manage the ward's personal property and effects, assist the
  3  3 ward in developing self-reliance and receiving professional
  3  4 care, counseling, treatment or services as needed, and ensure
  3  5 that the ward receives necessary emergency medical services.
  3  6 The notice shall also advise the proposed ward that, upon the
  3  7 court's approval, the guardian may change the ward's permanent
  3  8 residence to a more restrictive residence, and arrange for
  3  9 major elective surgery or any other nonemergency major medical
  3 10 procedure.  The notice shall clearly advise the proposed ward
  3 11 in boldfaced type of a minimum size of ten points, of the
  3 12 right to counsel and the potential deprivation of the proposed
  3 13 ward's civil rights.  The notice shall also state that the
  3 14 proposed ward may use the ward's own attorney instead of an
  3 15 attorney appointed by the court.  In an involuntary
  3 16 guardianship proceeding, the notice shall be served upon the
  3 17 proposed ward with the notice of the filing of the petition as
  3 18 provided in section 633.554.
  3 19    Sec. 4.  Section 633.568, Code 1999, is amended to read as
  3 20 follows:
  3 21    633.568  NOTICE TO PROPOSED WARD.
  3 22    1.  a.  If the proposed ward is an adult, notice of the
  3 23 filing of the petition shall be served upon the proposed ward
  3 24 in the manner of an original notice and the content of the
  3 25 notice is governed by the rules of civil procedure governing
  3 26 original notice.
  3 27    b.  Except where the ward is the petitioner, notice shall
  3 28 also be served upon the ward's spouse.  If the ward has no
  3 29 spouse, notice shall be served upon the ward's adult children,
  3 30 if any.
  3 31    2.  a.  If the proposed ward is a minor and the court
  3 32 determines, pursuant to section 633.575, subsection 1,
  3 33 paragraph "b", that the proposed ward is entitled to
  3 34 representation, notice in the manner of original notice, or
  3 35 another form of notice ordered by the court, given to the
  4  1 attorney appointed to represent the ward is notice to the
  4  2 proposed ward.
  4  3    b.  Notice shall also be served upon the parents of the
  4  4 proposed ward.
  4  5    3.  Service of notice under this section upon persons other
  4  6 than the proposed ward shall be made pursuant to section
  4  7 633.40, subsection 5.  Proof of service shall be made by
  4  8 affidavit, to which copies of all documents served shall be
  4  9 attached.
  4 10    Sec. 5.  Section 633.575, subsection 1, Code 1999, is
  4 11 amended to read as follows:
  4 12    1.  In a proceeding for the appointment of a conservator,
  4 13 if:
  4 14    a.  If the proposed ward is an adult and is not the
  4 15 petitioner, the proposed ward is entitled to representation.
  4 16 Upon the filing of the petition, the court shall appoint an
  4 17 attorney to represent the proposed ward, set a hearing on the
  4 18 petition, and provide for notice of the appointment of counsel
  4 19 and the date for hearing.
  4 20    b.  In a proceeding for the appointment of a conservator,
  4 21 if If the proposed ward is either a minor or where the
  4 22 proposed ward is an adult under a standby petition, the court
  4 23 shall determine whether, under the circumstances of the case,
  4 24 the proposed ward is entitled to representation.  The
  4 25 determination regarding representation shall may be made only
  4 26 after with or without notice to the proposed ward, is made as
  4 27 the court deems necessary.  If the court determines that the
  4 28 proposed ward is entitled to representation, the court shall
  4 29 appoint an attorney to represent the proposed ward.  After
  4 30 making the determination regarding representation, the court
  4 31 shall set a hearing on the petition, and provide for notice on
  4 32 the determination regarding representation and the date for
  4 33 hearing.
  4 34    c.  The court may take action under paragraph "a" or "b"
  4 35 prior to the service of the original notice upon the proposed
  5  1 ward.
  5  2    d.  The court may reconsider the determination regarding
  5  3 representation upon application by any interested person.
  5  4    e.  The court may discharge the attorney appointed by the
  5  5 court if it appears upon the application of the proposed ward
  5  6 or any other interested person that the ward has privately
  5  7 retained an attorney who has filed an appearance on behalf of
  5  8 the proposed ward.
  5  9    Sec. 6.  Section 633.576, Code 1999, is amended to read as
  5 10 follows:
  5 11    633.576  NOTIFICATION OF CONSERVATORSHIP POWERS.
  5 12    In a proceeding for the appointment of a conservator, the
  5 13 proposed ward shall be given written notice which advises the
  5 14 proposed ward that if a conservator is appointed, the
  5 15 conservator may, without court approval, manage the proposed
  5 16 ward's principal, income, and investments, sue and defend any
  5 17 claim by or against the ward, sell and transfer personal
  5 18 property, and vote at corporate meetings.  The notice shall
  5 19 also advise the proposed ward that, upon the court's approval,
  5 20 the conservator may invest the ward's funds, execute leases,
  5 21 make payments to or for the benefit of the ward, support the
  5 22 ward's legal dependents, compromise or settle any claim, and
  5 23 do any other thing that the court determines is in the ward's
  5 24 best interests.  The notice shall clearly advise the proposed
  5 25 ward, in boldfaced type of a minimum size of ten points, of
  5 26 the right to counsel and the potential deprivation of the
  5 27 proposed ward's civil rights.  The notice shall also state
  5 28 that the proposed ward may use the ward's own attorney instead
  5 29 of an attorney appointed by the court.  In an involuntary
  5 30 conservatorship proceeding, the notice shall be served upon
  5 31 the proposed ward with the notice of the filing of the
  5 32 petition as provided in section 633.568.  
  5 33                           EXPLANATION
  5 34    This bill amends certain parallel Code sections relating to
  5 35 notice and the appointment of counsel in guardianship and
  6  1 conservatorship proceedings.
  6  2    The amendments specify the timing for the appointment of
  6  3 counsel and provide for notice of the hearing, both to the
  6  4 proposed ward and certain other interested parties.  The
  6  5 amendments also provide the court with certain rights to
  6  6 reconsider the determination of counsel and to discharge
  6  7 court-appointed counsel.
  6  8    The amendments to Code sections 633.562 and 633.576 require
  6  9 specific notice to the proposed ward that private counsel can
  6 10 be retained.  
  6 11 LSB 5717YC 78
  6 12 jj/cf/24
     

Text: HSB00562                          Text: HSB00564
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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