Meeting Public Comments

Leonard Sandler [University of Iowa Law and Policy in Action Clinic]

March 23, 2023Representatives Bill Gustoff, Sami Scheetz, and Charley ThomsonHouse Judiciary CommitteeSubcommittee on SF 295RE: Proposed Amendments to SF295 Dear Representatives Gustoff, Scheetz, and Thomson: I know you are short on time and long on work and scheduled to meet this morning. So, Ill follow the orders of my captain in the submarine service who said to keep it short and sweet (for a lawyer and law professor). I am providing you with my personal comments and two proposed amendments to SF295. The first simplifies financial reporting requirements for conservators of individuals with few if any assets. Many families opt to be payee, guardian, and conservator to protect their loved ones from scammers and others who would exploit them. It gives judges the discretion to require additional information and reports but does not dissuade people from becoming conservators. Amend 633.670 by adding new paragraphs 1.d and 3.b and renumbering other sections:d. Unless the court orders otherwise, a conservator is not obligated to file a financial management plan pursuant to this section if the protected person 1) is indigent as defined in 633.561.3., or 2) has a government payee, or 3) receives Supplemental Security Income benefits, Medical Assistance benefits, or other meanstested benefits, or d) has assets or a restricted conservatorship account of $10,000 or less.b. Unless the court orders otherwise, a conservator is not obligated to file an annual report pursuant to this section if the protected person 1) is indigent as defined in 633.561.3.,or 2) has a government payee, or 3) receives Supplemental Security Income benefits, Medical Assistance benefits, or other meanstested benefits, or d) has assets or a restricted conservatorship account of $10,000 or less.There is no need to amend the law to allow judges to terminate conservatorships when the protected person receives only Social Security or SSI benefits. Judges now exercise their power to terminate conservatorships for that reason and for other reasons upon motion.The second proposal encourages lawyers to represent fiduciaries and respondents. After 2019 it has been difficult if not impossible to recruit lawyers, pro bono lawyers, or county pay lawyers to represent respondents. Chapter 633 does not expressly allow lawyers to withdraw, and not all courts allow them to. Court clerks ask potential guardians and conservators to hire their own lawyer and find a lawyer to represent the respondent. The solution is to allow but not require lawyers to withdraw from representation and empower judges to appoint a successor when needed. SF295 has a provision that discharges court visitors upon completion of certain tasks. Amend 633.561.6. by adding subsection b. and renumbering using 6.a and new 6.bb. When the court approves the initial care plan or initial financial management plan, the attorney for the respondent shall be permitted to withdraw from representation and discharged from all duties. If the court determines that it would be in the respondents best interest to have legal representation with respect to any further proceedings in a guardianship or conservatorship, the court may appoint an attorney to represent the respondent at the expense of the respondent or the respondents estate, or if the respondent is indigent the cost of the court appointed attorney shall be assessed against the county in which the proceedings are pending.I greatly appreciate all of the thought, time, energy, and effort you have devoted to improving the judicial system and the laws governing guardianships and conservatorship. Please let me know if I can furnish you with additional information. I am at your service and would be pleased to discuss these issues at your convenience. Thank you for your consideration.Respectfully,Len SandlerClinical Professor of LawDirector, Estate Planning Clinic and Law and Policy in Action ClinicUniversity of Iowa College of LawClinical Law Programs380F Boyd Law BuildingIowa City, Iowa 5224211133193359030 (phone)3193535445 (fax)www.uiowa.edu/legalclinicPronouns: he, him, hisConfidentiality Notice:This email transmission and any accompanying attachments contain information from the Clinical Law Programs at the University of Iowa College of Law that is confidential and/or legally privileged and is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosures, copying, distribution, or the taking of any action in reliance upon the contents of this email information is strictly prohibited and that the documents should be returned to this firm immediately. In this regard, if you have received this email in error, please notify us by phone immediately so that we can arrange for the return of the original documents to us at no cost to you or your business.