House File 591 H-1054 Amend House File 591 as follows: 1 1. Page 7, line 4, by striking < rule of civil procedure 2 1.305(2) > and inserting < the rules of civil procedure > 3 2. Page 7, lines 8 and 9, by striking < rule of civil 4 procedure 1.305 > and inserting < the rules of civil procedure > 5 3. Page 7, line 22, by striking < may > and inserting < shall > 6 4. Page 11, by striking lines 31 through 33 and inserting: 7 < 1. An adult person having physical and legal custody of 8 a minor may execute a verified petition for the appointment 9 of a guardian of the minor upon the express condition that 10 the petition shall be acted upon by the court only upon 11 the occurrence of an event specified or the existence of a 12 described condition of the mental or physical health of the 13 petitioner, the occurrence of which event, or the existence of 14 which condition, shall be established in the manner directed 15 in the petition. The petition, in addition to containing 16 the information required in section 232D.301, shall include 17 a statement that the petitioner understands the result of a 18 guardian being appointed for the minor. An appointment of a 19 guardian for a minor shall only be effective until the minor 20 attains full age. 21 2. A standby petition may nominate a person for appointment 22 to serve as guardian as well as alternate guardians if the 23 nominated person is unable or unwilling or is removed as 24 guardian. The court in appointing the guardian shall appoint 25 the person or persons nominated by the petitioner unless the 26 person or persons are not qualified or for other good cause and 27 shall give due regard to other requests and recommendations 28 contained in the petition. 29 3. A standby petition may be deposited with the clerk of the 30 county in which the minor resides or with any person nominated 31 by the petitioner to serve as guardian. 32 4. A standby petition may be revoked by the petitioner 33 at any time before appointment of a guardian by the court, 34 provided that the petitioner is of sound mind at the time 35 -1- HF591.1025 (1) 88 hb/jh 1/ 2 #1. #2. #3. #4.
of revocation. Revocation shall be accomplished by the 1 destruction of the petition by the petitioner, or by the 2 execution of an acknowledged instrument of revocation. If the 3 petition has been deposited with the clerk, the revocation may 4 likewise be deposited there. 5 5. If the standby petition has been deposited with the 6 clerk under the provisions of subsection 3 and has not been 7 revoked under the provisions of subsection 4, the petition may 8 be filed with the court upon the filing of a verified statement 9 to the effect that the occurrence of the event or the condition 10 provided for in the petition has occurred. If the petition 11 has not been deposited with the clerk under the provisions of 12 subsection 3 and has not been revoked under the provisions 13 of subsection 4, then the petition shall be filed with the 14 court at the time a verified statement that the occurrence 15 of the event or the condition provided for in the petition 16 has occurred is filed with the court in the county where the 17 minor then resides. Upon filing of the petition and verified 18 statement, the person filing the verified statement shall 19 become the petitioner and the proceedings shall be thereafter 20 conducted as provided for in this chapter. 21 6. A standby petition for the appointment of a guardian for 22 a minor shall not supersede any contradictory provision in a 23 will admitted to probate of a parent, guardian, or custodian 24 having physical and legal custody of a minor in the event of 25 the parent’s, guardian’s, or custodian’s death. > 26 5. Page 14, after line 3 by inserting: 27 < 7. A guardian shall promptly inform the court of any change 28 in the minor’s school or school district. > 29 ______________________________ HINSON of Linn -2- HF591.1025 (1) 88 hb/jh 2/ 2 #5.