House File 2564 H-8169 Amend House File 2564 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 ADULT AND MINOR GUARDIANSHIPS AND CONSERVATORSHIPS 5 Section 1. Section 232D.103, Code 2020, is amended to read 6 as follows: 7 232D.103 Jurisdiction. 8 The juvenile court has exclusive jurisdiction in a 9 guardianship proceeding concerning a minor who is alleged to be 10 in need of a guardianship , and guardianships of minors . 11 Sec. 2. Section 232D.105, subsection 1, Code 2020, is 12 amended to read as follows: 13 1. A petition alleging that a minor is in need of a 14 conservatorship is not subject to this chapter . Such 15 proceedings shall be governed by chapter 633 and may be 16 initiated pursuant to section 633.627 633.557 . 17 Sec. 3. Section 232D.301, subsection 2, paragraph d, 18 subparagraph (3), Code 2020, is amended to read as follows: 19 (3) Any adult who has had the primary care of the minor or 20 with whom the minor has lived for at least six months prior to 21 immediately preceding the filing of the petition. 22 Sec. 4. Section 232D.302, subsection 2, Code 2020, is 23 amended to read as follows: 24 2. Notice shall be served upon the minor’s known parents 25 listed in the petition in accordance with the rules of civil 26 procedure. If a parent has not filed an affidavit consenting 27 to the appointment of a guardian, the notice shall inform 28 the minor’s known parents listed in the petition that the 29 parents are entitled to representation if the parents meet the 30 conditions of section 232D.304. 31 Sec. 5. Section 232D.305, subsection 1, Code 2020, is 32 amended to read as follows: 33 1. The court may appoint any qualified person as a court 34 visitor for the minor who has demonstrated sufficient knowledge 35 -1- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 1/ 34 #1.
to appropriately perform the duties that the court directs . 1 Sec. 6. Section 232D.305, Code 2020, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 6. A court visitor shall be discharged 4 from all further duties upon the appointment of a guardian or 5 conservator, unless further ordered by the court. The court 6 may order a court visitor to continue to serve if the court 7 determines continued service would be in the best interest of 8 the protected person. If the court continues the service of 9 the court visitor, the court may limit the direct duties of the 10 court visitor as the court deems necessary. The court visitor 11 shall thereafter continue to serve until discharged by the 12 court. 13 Sec. 7. Section 232D.306, Code 2020, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 4. A hearing on the petition may be 16 recorded if a court reporter is not used. 17 Sec. 8. Section 232.309, Code 2020, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 8. The court may order an extension of 20 the temporary guardianship for thirty days for good cause 21 shown, including a showing that a hearing on a petition for a 22 guardianship under section 232D.301 cannot be scheduled within 23 thirty days after the order for a temporary guardianship is 24 ordered. Prior to or contemporaneously with the filing for an 25 application for the extension of time, the guardian shall file 26 a report with the court setting forth all of the following: 27 a. All actions conducted by the guardian on behalf of the 28 protected person from the time of the initial appointment of 29 the guardian up to the time of the report. 30 b. All actions that the guardian plans to conduct on behalf 31 of the protected person during the thirty day extension period. 32 Sec. 9. Section 232D.401, subsection 1, Code 2020, is 33 amended to read as follows: 34 1. The order by the court appointing a guardian for a minor 35 -2- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 2/ 34
shall state the basis for the order and the date on which the 1 first reporting period for the guardianship shall end . 2 Sec. 10. Section 232D.401, subsection 3, unnumbered 3 paragraph 1, Code 2020, is amended to read as follows: 4 An order by the court appointing a guardian for a minor shall 5 state the powers granted to the guardian. Except as otherwise 6 limited by court order, the court may grant the guardian the 7 following powers , which may be exercised without prior court 8 approval : 9 Sec. 11. Section 232D.501, subsection 1, paragraph a, Code 10 2020, is amended by adding the following new subparagraph: 11 NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for 12 applying for and receiving funds and benefits payable for the 13 support of the minor. 14 Sec. 12. Section 232D.501, subsection 1, paragraph b, Code 15 2020, is amended by adding the following new subparagraph: 16 NEW SUBPARAGRAPH . (11) The results of the guardian’s 17 efforts to apply for funds or benefits on behalf of the 18 protected person. 19 Sec. 13. Section 232D.501, Code 2020, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 5. The failure of a guardian to timely 22 make a report required under subsection 1 shall be reported by 23 the clerk of the court to the court for an order to enforce 24 compliance with the filing requirements. 25 Sec. 14. NEW SECTION . 232D.506 Confidentiality. 26 1. Official juvenile court records in guardianship 27 proceedings shall be confidential and are not public records. 28 2. Confidential records may be inspected and their contents 29 shall be disclosed to the following without a court order, 30 provided that a person or entity who inspects or receives a 31 confidential record under this subsection shall not disclose 32 the confidential record or its contents unless required by law: 33 a. The judge and professional court staff. 34 b. The protected person and the protected person’s attorney. 35 -3- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 3/ 34
c. The protected person’s parent, guardian, custodian, court 1 visitor, and any attorney representing such person. 2 3. Confidential records may be inspected and their contents 3 shall be disclosed to the following with a court order, 4 provided that a person or entity who inspects or receives a 5 confidential record under this subsection shall not disclose 6 the confidential record or its contents unless required by law: 7 a. A person or entity conducting bona fide research on minor 8 guardianships. 9 b. A person or entity for good cause shown. 10 Sec. 15. Section 633.556, subsections 4, 5, and 8, Code 11 2020, are amended to read as follows: 12 4. The petition shall list the name and address of the 13 petitioner and the petitioner’s relationship to the respondent. 14 following: 15 a. The name and address of the respondent. 16 b. The petitioner and the petitioner’s relationship to the 17 respondent. 18 c. The name and address of the proposed guardian or 19 conservator and the reason the proposed guardian or conservator 20 should be selected. 21 5. The petition shall list the name and address, to the 22 extent known, of the following: 23 a. The name and address of the proposed guardian and the 24 reason the proposed guardian should be selected. 25 b. a. Any spouse of the respondent. 26 c. b. Any adult children of the respondent. 27 d. c. Any parents of the respondent. 28 e. d. Any adult, who has had the primary care of the 29 respondent or with whom the respondent has lived for at least 30 six months prior to immediately preceding the filing of the 31 petition, or any institution or facility where the respondent 32 has resided for at least six months prior to the filing of the 33 petition. 34 f. e. Any legal representative or representative payee of 35 -4- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 4/ 34
the respondent. 1 g. f. Any person designated as an attorney in fact in a 2 durable power of attorney for health care which is valid under 3 chapter 144B , or any person designated as an agent in a durable 4 power of attorney which is valid under chapter 633B . 5 8. The petition shall provide a brief description of 6 the respondent’s alleged functional limitations that make 7 the respondent unable to communicate or carry out important 8 decisions concerning the respondent’s financial affairs. 9 Sec. 16. Section 633.558, subsection 3, Code 2020, is 10 amended to read as follows: 11 3. Notice of the filing of a petition given to persons under 12 subsections subsection 2 and 3 shall include a statement that 13 such persons may register to receive notice of the hearing 14 on the petition and other proceedings and the manner of such 15 registration. 16 Sec. 17. Section 633.560, subsection 3, Code 2020, is 17 amended to read as follows: 18 3. The court shall require the proposed guardian or 19 conservator to attend the hearing on the petition but the court 20 may excuse the proposed guardian’s or conservator’s attendance 21 for good cause shown. 22 Sec. 18. Section 633.561, subsection 4, paragraphs c and f, 23 Code 2020, are amended to read as follows: 24 c. Ensure that the respondent has been properly advised of 25 the respondent’s rights in a guardianship or conservatorship 26 proceeding. 27 f. Ensure that the guardianship or conservatorship 28 procedures conform to the statutory and due process 29 requirements of Iowa law. 30 Sec. 19. Section 633.561, subsection 5, paragraphs a and b, 31 Code 2020, are amended to read as follows: 32 a. Inform the respondent of the effects of the order entered 33 for appointment of guardian or conservator . 34 b. Advise the respondent of the respondent’s rights to 35 -5- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 5/ 34
petition for modification or termination of the guardianship 1 or conservatorship . 2 Sec. 20. Section 633.561, subsection 6, Code 2020, is 3 amended to read as follows: 4 6. If the court determines that it would be in the 5 respondent’s best interest to have legal representation 6 with respect to any further proceedings in a guardianship 7 or conservatorship, the court may appoint an attorney to 8 represent the respondent at the expense of the respondent or 9 the respondent’s estate, or if the respondent is indigent the 10 cost of the court appointed attorney shall be assessed against 11 the county in which the proceedings are pending. 12 Sec. 21. Section 633.562, subsection 1, Code 2020, is 13 amended to read as follows: 14 1. If the court determines that the appointment of a court 15 visitor would be in the best interest of the respondent, the 16 court shall appoint a court visitor at the expense of the 17 respondent or the respondent’s estate, or, if the respondent 18 is indigent, the cost of the court visitor shall be assessed 19 against the county in which the proceedings are pending. The 20 court may appoint any qualified person as a court visitor , 21 who has demonstrated sufficient knowledge to appropriately 22 perform the duties that the court directs, in a guardianship 23 or conservatorship proceeding. 24 Sec. 22. Section 633.562, subsection 5, paragraphs a and b, 25 Code 2020, are amended to read as follows: 26 a. A recommendation regarding the appropriateness of a 27 limited guardianship or conservatorship for the respondent, 28 including whether less restrictive alternatives are available. 29 b. A statement of the qualifications of the guardian or 30 conservator together with a statement of whether the respondent 31 has expressed agreement with the appointment of the proposed 32 guardian or conservator. 33 Sec. 23. Section 633.562, Code 2020, is amended by adding 34 the following new subsection: 35 -6- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 6/ 34
NEW SUBSECTION . 7. A court visitor shall be discharged 1 from all further duties upon appointment of a guardian or 2 conservator, unless further ordered by the court. The court 3 may order a court visitor to continue to serve if the court 4 determines continued service would be in the best interest of 5 the protected person. If the court continues the service of 6 the court visitor, the court may limit the direct duties of the 7 court visitor as the court deems necessary. The court visitor 8 shall thereafter continue to serve until discharged by the 9 court. 10 Sec. 24. Section 633.563, subsection 7, unnumbered 11 paragraph 1, Code 2020, is amended to read as follows: 12 The results of the evaluation ordered by the court shall be 13 made available to filed with the court and made available to 14 the following: 15 Sec. 25. Section 633.564, subsection 1, Code 2020, is 16 amended to read as follows: 17 1. The court shall request criminal record checks and 18 checks of the child abuse, dependent adult abuse, and sexual 19 offender registries in this state for all proposed guardians 20 and conservators, other than financial institutions with Iowa 21 trust powers , unless a proposed guardian or conservator has 22 undergone the required background checks under this section 23 within the twelve months prior to the filing of a petition . 24 Sec. 26. Section 633.569, subsections 1, 2, and 3, Code 25 2020, are amended to read as follows: 26 1. A person authorized to file a petition under section 27 633.552 , 633.553 , or 633.554 633.556 or 633.557 may file an 28 application for the emergency appointment of a temporary 29 guardian or conservator. 30 2. Such application shall state all of the following: 31 a. The name and address of the respondent. 32 b. The name and address of the petitioner. 33 b. c. The name and address of the proposed guardian or 34 conservator and the reason the proposed guardian or conservator 35 -7- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 7/ 34
should be selected. 1 d. The names and addresses, to the extent known, of any 2 other person who must be named in the petition for appointment 3 of a guardian or conservator under section 633.556 or 633.557. 4 c. e. The reason the emergency appointment of a temporary 5 guardian or conservator is sought. 6 3. The court may enter an ex parte order appointing a 7 temporary guardian or conservator on an emergency basis under 8 this section if the court finds that all of the following 9 conditions are met: 10 a. There is not sufficient time to file a petition and hold 11 a hearing pursuant to section 633.552 , 633.553 , or 633.554 12 633.556 or 633.557 . 13 b. The appointment of a temporary guardian or conservator 14 is necessary to avoid immediate or irreparable harm to the 15 respondent. 16 c. There is reason to believe that the basis for appointment 17 of guardian or conservator exists under section 633.552 , 18 633.553 , or 633.554 633.556 or 633.557 . 19 Sec. 27. Section 633.569, Code 2020, is amended by adding 20 the following new subsections: 21 NEW SUBSECTION . 8. The court may order an extension of 22 the temporary guardianship or conservatorship for thirty days 23 for good cause shown, including a showing that a hearing on a 24 petition for a guardianship or conservatorship under section 25 633.556 or 633.557 cannot be scheduled within thirty days after 26 the order for a temporary guardianship or conservatorship is 27 ordered. Prior to or contemporaneously with the filing for 28 an application for the extension of time, the guardian or 29 conservator shall file a report with the court setting forth 30 all of the following: 31 a. All actions conducted by the guardian or conservator on 32 behalf of the protected person from the time of the initial 33 appointment of the guardian up to the time of the report. 34 b. All actions that the guardian or conservator plans to 35 -8- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 8/ 34
conduct on behalf of the protected person during the thirty-day 1 extension period. 2 NEW SUBSECTION . 9. The temporary guardian or conservator 3 shall submit any report the court requires. 4 Sec. 28. Section 633.570, subsections 1 and 2, Code 2020, 5 are amended to read as follows: 6 1. In a proceeding for the appointment of a guardian, 7 the respondent shall be given written notice which advises 8 the respondent of the powers that that the court may grant 9 a guardian may exercise without court approval pursuant to 10 the powers set out in section 633.635, subsection 2 , and the 11 powers that the guardian may exercise only with court approval 12 pursuant to set out in section 633.635, subsection 3 . 13 2. In a proceeding for the appointment of a conservator, 14 the respondent shall be given written notice which advises the 15 respondent of the powers that the court may grant a conservator 16 may exercise without court approval pursuant to the powers set 17 out in section 633.646 and the powers that the guardian may 18 exercise only with court approval pursuant to section 633.647 19 633.642 . 20 Sec. 29. Section 633.635, subsection 1, Code 2020, is 21 amended to read as follows: 22 1. The order by the court appointing a guardian shall state 23 the basis for the guardianship pursuant to section 633.552 24 and the date on which the first reporting period for the 25 guardianship shall end . 26 Sec. 30. Section 633.635, subsection 2, unnumbered 27 paragraph 1, Code 2020, is amended to read as follows: 28 Based upon the evidence produced at the hearing, the court 29 may grant a guardian the following powers and duties with 30 respect to a protected person which may be exercised without 31 prior court approval : 32 Sec. 31. Section 633.635, subsection 3, unnumbered 33 paragraph 1, Code 2020, is amended to read as follows: 34 A Notwithstanding subsection 2, a guardian may be granted 35 -9- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 9/ 34
the following powers which may only be exercised upon court 1 approval: 2 Sec. 32. Section 633.641, subsection 3, Code 2020, is 3 amended to read as follows: 4 3. If a protected person has executed a valid power of 5 attorney under chapter 633B , the conservator shall act in 6 accordance with the applicable provisions of chapter 633B If 7 the court appoints a conservator for a protected person 8 who has previously executed a valid power of attorney under 9 chapter 633B, the power of attorney is suspended unless the 10 power of attorney provides otherwise or the court appointing 11 the conservator orders that the power of attorney should 12 continue. If the power of attorney continues, the agent is 13 accountable to the conservator as well as to the principal. 14 The power of attorney shall be reinstated upon termination of 15 the conservatorship as a result of the principal regaining 16 capacity . 17 Sec. 33. Section 633.642, unnumbered paragraph 1, Code 18 2020, is amended to read as follows: 19 Except as otherwise ordered by the court , and except 20 for those powers relating to all fiduciaries as set out in 21 sections 633.63 through 633.162 which may be exercised without 22 approval of the court unless expressly modified by the court , 23 a conservator must give notice to persons entitled to notice 24 and receive specific prior authorization by the court before 25 the conservator may take any other action on behalf of the 26 protected person. These other powers Powers requiring court 27 approval include but are not limited to the authority of the 28 conservator to: 29 Sec. 34. Section 633.669, Code 2020, is amended to read as 30 follows: 31 633.669 Reporting requirements —— assistance by clerk Reports 32 by guardians . 33 1. A guardian appointed by the court under this chapter 34 shall file with the court the following written verified 35 -10- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 10/ 34
reports which shall not be waived by the court: 1 a. An initial care plan filed within sixty days of 2 appointment. The information in the initial care plan shall 3 include but not be limited to the following information: 4 (1) The current residence of the protected person and the 5 guardian’s plan for the protected person’s living arrangements. 6 (2) The current sources of payment for the protected 7 person’s living expenses and other expenses, and the guardian’s 8 plan for payment of the protected person’s living expenses and 9 other expenses. 10 (3) The protected person’s health status and health care 11 needs, and the guardian’s plan for meeting the protected 12 person’s needs for medical, dental, and other health care 13 needs. 14 (3A) Whether the protected person has a living will or 15 health care power of attorney. 16 (4) If applicable, the protected person’s need for other 17 professional services for mental, behavioral, or emotional 18 health, and the guardian’s plan for other professional services 19 needed by the protected person. 20 (5) If applicable, the protected person’s employment 21 status, the protected person’s need for educational, training, 22 or vocational services, and the guardian’s plan for meeting the 23 educational, training, and vocational needs of the protected 24 person. 25 (6) If applicable, the guardian’s plan for facilitating the 26 participation of the protected person in social activities. 27 (7) The guardian’s plan for facilitating contacts between 28 the protected person and the protected person’s family members 29 and other significant persons significant in the life of the 30 protected person . 31 (8) The guardian’s plan for contact with, and activities on 32 behalf of, the protected person. 33 (9) The powers that the guardian requests to carry out the 34 initial care plan. 35 -11- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 11/ 34
(10) The guardian shall file an amended plan when there 1 has been a significant change in the circumstances or the 2 guardian seeks to deviate significantly from the plan. The 3 guardian must obtain court approval of the amended plan before 4 implementing any of its provisions. 5 b. An annual report, filed within sixty days of the close 6 of the reporting period , unless the court otherwise orders on 7 good cause shown . The information in the annual report shall 8 include but not be limited to the following information: 9 (1) The current living arrangements of the protected 10 person. 11 (2) The sources of payment for the protected person’s living 12 expenses and other expenses. 13 (3) A description, if applicable, of the following: 14 (a) The protected person’s physical and mental health 15 status and the medical, dental, and other professional health 16 services provided to the protected person. 17 (b) If applicable, the protected person’s employment status 18 and the educational, training, and vocational services provided 19 to the protected person. 20 (0c) The guardian’s facilitation of the participation of 21 the protected person in social activities. 22 (c) The contact of the protected person with family members 23 and other significant persons. 24 (d) The nature and extent of the guardian’s visits with, and 25 activities on behalf of, the protected person. 26 (04) The guardian’s changes to the care plan for the 27 protected person for the next annual reporting period. 28 (004) The powers that the guardian requests to carry out 29 the care plan for the protected person for the next annual 30 reporting period. 31 (4) The guardian’s recommendation as to the need for 32 continuation of the guardianship. 33 (5) The ability of the guardian to continue as guardian. 34 (6) The need of the guardian for assistance in providing or 35 -12- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 12/ 34
arranging for the provision of the care and protection of the 1 protected person. 2 c. A final report within thirty days of the termination 3 of the guardianship under section 633.675 unless that time is 4 extended by the court. 5 2. The court shall develop a simplified uniform reporting 6 form for use in filing the required reports. 7 3. The clerk of the court shall notify the guardian in 8 writing of the reporting requirements and shall provide 9 information and assistance to the guardian in filing the 10 reports. 11 4. Reports of guardians shall be reviewed and approved by a 12 district court judge or referee. 13 5. Reports required by this section shall be served on the 14 protected person, the protected person’s attorney, if any, and 15 the court visitor, if any. 16 Sec. 35. Section 633.670, Code 2020, is amended to read as 17 follows: 18 633.670 Reports by conservators. 19 1. A conservator appointed by the court under this chapter 20 shall file an with the court a written verified initial 21 financial management plan for protecting, managing, investing, 22 expending, and distributing the assets of the conservatorship 23 estate within ninety days after appointment which shall not be 24 waived by the court . The plan must be based on the needs of 25 the protected person and take into account the best interest 26 of the protected person as well as the protected person’s 27 preference, values, and prior directions to the extent known 28 to, or reasonably ascertainable by, the conservator. 29 a. The initial plan shall include all of the following: The 30 initial financial management plan shall state the protected 31 person’s age, residence, living arrangements, and sources of 32 payment for living expenses. 33 (1) A budget containing projected expenses and resources, 34 including an estimate of the total amount of fees the 35 -13- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 13/ 34
conservator anticipates charging per year and a statement or 1 list of the amount the conservator proposes to charge for each 2 service the conservator anticipates providing to the protected 3 person. 4 (2) A statement as to how the conservator will involve 5 the protected person in decisions about management of the 6 conservatorship estate. 7 (3) If ordered by the court, any step the conservator plans 8 to take to develop or restore the ability of the protected 9 person to manage the conservatorship estate. 10 (4) An estimate of the duration of the conservatorship. 11 b. If applicable, the protected person’s will shall be 12 attached to the plan or filed with the court and the protected 13 person’s prepaid burial trust and powers of attorney shall be 14 described. 15 c. The conservator shall include a proposed budget for the 16 protected person and budget-related information for the next 17 annual reporting period including all of the following: 18 (1) The protected person’s receipts and income and 19 the projected sources of income including, if applicable, 20 wages, social security income, pension and retirement plan 21 distribution, veterans’ benefits, rental income, interest 22 earnings, and dividends, and the total estimated receipts and 23 income. 24 (2) The protected person’s liabilities and debts including, 25 if applicable, mortgage, car loans, credit card debt, federal, 26 state, and property taxes owed and the total estimated 27 liabilities and debts; a list and concise explanation of 28 any liability or debt owed by the protected person to the 29 conservator; a list and concise explanation of the liability of 30 any other person for a liability of the protected person. 31 (3) The protected person’s estimated expenses on a monthly 32 and annual basis including, if applicable, nursing home or 33 facility charge, real property expenses for residence, food and 34 household expenses, utilities, household help and caregiver 35 -14- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 14/ 34
expenses, health services and health insurance expenses, 1 educational and vocational expenses, personal auto and other 2 transportation expenses, clothing expenses, personal allowance 3 and other personal expenses, liabilities and debts, attorney 4 fees and other professional expenses, conservator fees, and 5 other administrative expenses. 6 d. The conservator shall include a list of the protected 7 person’s assets and the conservator’s plan for management 8 of these assets including, if applicable, financial 9 accounts including checking and certificates of deposit and 10 cash, investments including stocks, bonds, mutual funds, 11 exchange-traded funds, individual retirement accounts and other 12 investment accounts, pension, profit-sharing, annuities, and 13 retirement fund, personal property including household goods 14 and vehicles, receivables including mortgages and liens payable 15 to the protected person’s estate or trust, life insurance, and 16 other property. 17 e. The conservator shall include a statement as to how the 18 conservator will involve the protected person in decisions 19 about management of the conservatorship estate. 20 f. If ordered by the court, the conservator shall include 21 any action the conservator plans to take to develop or 22 restore the ability of the protected person to manage the 23 conservatorship estate. 24 g. The conservator shall include the authority that the 25 conservator requests to carry out the initial financial plan 26 including expenditures in accordance with the proposed budget 27 for the protected person and the plan for the management of the 28 assets of the protected person for the next annual reporting 29 period. 30 b. h. Within two days after filing the initial plan, the 31 The conservator shall give provide notice of the filing of 32 the initial plan with a copy of the plan to the protected 33 person, the protected person’s attorney , if any, and court 34 advisor visitor , if any, and others as directed by the court. 35 -15- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 15/ 34
The notice must state that any person entitled to a copy of 1 the plan must file any objections to the plan not later than 2 fifteen days after it is filed twenty days from the date of 3 mailing notice of filing the initial plan . 4 c. i. At least twenty days after the plan has been filed, 5 the court shall review and determine whether the plan should 6 be approved or revised, after considering objections filed and 7 whether the plan is consistent with the conservator’s powers 8 and duties. 9 d. j. After approval by the court, the conservator shall 10 provide a copy of the approved plan and order approving the 11 plan to the protected person, the protected person’s attorney , 12 if any, and court advisor visitor , if any, and others as 13 directed by the court. 14 e. k. The conservator shall file an amended plan when 15 there has been a significant change in circumstances or the 16 conservator seeks to deviate significantly from the plan. 17 Before the amended plan is implemented, the provisions for 18 court approval of the plan shall be followed as provided in 19 paragraphs “b” , “c” , and “d” “h” , “i” , and “j” . 20 2. A conservator shall file an inventory of the protected 21 person’s assets within ninety days after appointment which 22 includes an oath or affirmation that the inventory is believed 23 to be complete and accurate as far as information permits. 24 Copies After approval by the court, the conservator shall 25 provide a copy of the inventory shall be provided to the 26 protected person, the protected person’s attorney , if any, 27 and court advisor visitor , if any, and others as directed by 28 the court. When the conservator receives additional property 29 of the protected person, or becomes aware of its existence, 30 a description of the property shall be included in the 31 conservator’s next annual report. 32 3. A conservator shall file a written and verified report on 33 an annual basis for the period since the end of the preceding 34 report period . The court which shall not waive these reports 35 -16- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 16/ 34
be waived by the court . 1 a. These reports shall include all of the following: The 2 annual report shall state the age, the residence and the living 3 arrangements of the protected person, and sources of payment 4 for the protected person’s living expenses during the reporting 5 period. 6 (1) Balance of funds on hand at the beginning and end of the 7 period. 8 (2) Disbursements made. 9 (3) Changes in the conservator’s plan. 10 (4) List of assets as of the end of the period. 11 (5) Bond amount and surety’s name. 12 (6) Residence and physical location of the protected 13 person. 14 (7) General physical and mental condition of the protected 15 person. 16 (8) Other information reflecting the condition of the 17 conservatorship estate. 18 b. These reports shall be filed: The conservator shall 19 submit with the annual report an inventory of the assets of the 20 protected person as of the last day of the reporting period 21 including the total value of assets at the beginning and end 22 of the reporting period. 23 (1) On an annual basis within sixty days of the end of the 24 reporting period unless the court orders an extension for good 25 cause shown in accordance with the rules of probate procedure. 26 c. The annual report shall include an itemization of all 27 income or funds received and all expenditures made by the 28 conservator on behalf of the protected person. If any of 29 the expenditures were made to provide support for or pay the 30 debts of another person, the annual report shall include an 31 explanation of these expenditures. If any of the expenditures 32 were made to pay any liability or debt owed by the protected 33 person to the conservator, the annual report shall include an 34 explanation of these expenditures. If any of the expenditures 35 -17- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 17/ 34
were made to pay any liability or debt that is also owed by 1 another person or entity, the annual report shall include an 2 explanation of these expenditures. 3 d. The annual report shall include the following budget and 4 information related to the budget for the protected person: 5 (1) A description of changes, if any, made in the budget 6 approved by the court for the preceding reporting period. 7 (2) A proposed budget and budget-related information for 8 the next reporting period containing the information set forth 9 in subsection 1, paragraph “c” . 10 (3) A request for approval of the proposed budget and 11 authority to make expenditures in accordance with the proposed 12 budget. 13 e. The annual report shall include the following information 14 related to the management of the assets of the protected 15 person: 16 (1) A description of changes, if any, in the plan for 17 management of the assets of the protected person approved by 18 the court for the preceding reporting period. 19 (2) A proposed plan for management of the assets of the 20 protected person for the next reporting period. 21 (3) A request for approval of the proposed plan for 22 management of the assets of the protected person and the 23 authority to carry out the plan. 24 f. The annual report shall describe, if applicable, how the 25 protected person was involved and will be involved in decisions 26 about management of assets. 27 g. The annual report shall describe, if ordered by the 28 court, the actions that have been taken and that will be taken 29 by the conservator to develop or restore the ability of the 30 protected person to manage the conservatorship’s assets. 31 h. The conservator may request court approval of fees 32 provided by an attorney on behalf of the conservatorship or the 33 protected person during the preceding reporting period. 34 i. The conservator may request court approval of fees 35 -18- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 18/ 34
provided the conservator on behalf of the conservatorship or 1 the protected person during the preceding reporting period. 2 4. The conservator shall file a written verified final 3 report with the court as follows: 4 (2) a. Within thirty days following removal of the 5 conservator. 6 (3) b. Upon the conservator’s filing of a resignation and 7 before the resignation is accepted by the court. 8 (4) c. Within sixty days following the termination of the 9 conservatorship. 10 (5) d. At other times as ordered by the court. 11 c. 5. Reports required by this section shall be served on 12 the protected person, the protected person’s attorney and court 13 advisor , if any, the court visitor, if any, and the veterans 14 administration if the protected person is receiving veterans 15 benefits. 16 Sec. 36. Section 633.675, subsections 2, 3, and 4, Code 17 2020, are amended to read as follows: 18 2. The court shall terminate a guardianship if it the 19 court finds by clear and convincing evidence that the basis 20 for appointing a guardian pursuant to section 633.552 is not 21 satisfied. 22 3. The court shall terminate a conservatorship if the court 23 finds by clear and convincing evidence that the basis for 24 appointing a conservator pursuant to section 633.553 or 633.554 25 is not satisfied. 26 4. The standard of proof and the burden of proof to be 27 applied in a termination proceeding to terminate a guardianship 28 or conservatorship for an adult shall be the same as set forth 29 in section 633.551, subsection 2 . 30 Sec. 37. REPORTS AND POWERS OF GUARDIANS AND CONSERVATORS —— 31 TRANSITION PROVISIONS. 32 1. Minor guardianships. Notwithstanding the provisions 33 of section 232D.501, subsection 1, paragraph “a”, designating 34 a verified initial care plan be filed by the guardian within 35 -19- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 19/ 34
sixty days of appointment, for all minor guardianship cases 1 wherein the guardianship was established and the guardian was 2 appointed prior to January 1, 2020, the initial care plan 3 required by section 232D.501, subsection 1, paragraph “a”, 4 shall be filed with the previously scheduled annual report. 5 The annual report must comply with the requirements set forth 6 in section 232D.501, subsection 1, paragraph “a”. Guardians 7 appointed prior to January 1, 2020, have continuing authority 8 to perform acts concerning the protected person that were 9 authorized prior to January 1, 2020, through the date of the 10 guardian’s previously scheduled annual report. 11 2. Adult guardianships. Notwithstanding the provisions of 12 section 633.669, subsection 1, paragraph “a”, designating an 13 initial care plan be filed by the guardian within sixty days 14 of appointment, for all adult guardianship cases wherein the 15 guardianship was established and the guardian was appointed 16 prior to January 1, 2020, the initial care plan required by 17 section 633.669, subsection 1, paragraph “a”, shall be filed 18 with the previously scheduled annual report. The annual report 19 must comply with the requirements set forth in section 633.669, 20 subsection 1, paragraph “a”. Guardians appointed prior to 21 January 1, 2020, have continuing authority to perform acts 22 concerning the protected person that were authorized prior to 23 January 1, 2020, through the date of the guardian’s previously 24 scheduled annual report. 25 3. Conservatorships. Notwithstanding the provisions of 26 section 633.670, subsection 1, paragraph “a”, and section 27 633.670, subsection 2, designating an initial plan and 28 inventory be filed within ninety days of appointment, for 29 all conservatorship cases wherein the conservatorship was 30 established and the conservator was appointed prior to 31 January 1, 2020, the initial plan required by section 633.670, 32 subsection 1, paragraph “a”, and inventory required by section 33 633.670, subsection 2, shall be filed with the previously 34 scheduled annual report. The annual report must comply with 35 -20- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 20/ 34
the requirements set forth in section 633.670, subsection 3, 1 paragraph “a”. Conservators appointed prior to January 1, 2 2020, have continuing authority to perform acts concerning the 3 protected person that were authorized prior to January 1, 2020, 4 through the date of the conservator’s previously scheduled 5 annual report. 6 Sec. 38. EFFECTIVE DATE. The following, being deemed of 7 immediate importance, takes effect upon enactment: 8 The section of this division of this Act relating to 9 transition provisions for reports and powers of guardians and 10 conservators. 11 Sec. 39. RETROACTIVE APPLICABILITY. The following applies 12 retroactively to January 1, 2020: 13 The section of this division of this Act relating to 14 transition provisions for reports and powers of guardians and 15 conservators. 16 DIVISION II 17 CONFORMING CHANGES 18 Sec. 40. Section 633.3, subsections 9, 17, 22, and 23, Code 19 2020, are amended to read as follows: 20 9. Conservator —— a person appointed by the court to have 21 the custody and control of the property of a ward protected 22 person under the provisions of this probate code. 23 17. Estate —— the real and personal property of either a 24 decedent or a ward protected person , and may also refer to the 25 real and personal property of a trust described in section 26 633.10 . 27 22. Guardian —— the person appointed by the court to have 28 the custody of the person of the ward protected person under 29 the provisions of this probate code. 30 23. Guardian of the property —— at the election of the 31 person appointed by the court to have the custody and care of 32 the property of a ward protected person , the term “guardian of 33 the property” may be used, which term shall be synonymous with 34 the term “conservator” . 35 -21- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 21/ 34
Sec. 41. Section 633.78, subsection 1, unnumbered paragraph 1 1, Code 2020, is amended to read as follows: 2 A fiduciary under this chapter may present a written request 3 to any person for the purpose of obtaining property owned by 4 a decedent or by a ward protected person of a conservatorship 5 for which the fiduciary has been appointed, or property to 6 which a decedent or ward protected person is entitled, or 7 for information about such property needed to perform the 8 fiduciary’s duties. The request must contain statements 9 confirming all of the following: 10 Sec. 42. Section 633.78, subsection 1, paragraph b, Code 11 2020, is amended to read as follows: 12 b. The request has been signed by all fiduciaries acting on 13 behalf of the decedent or ward protected person . 14 Sec. 43. Section 633.78, subsection 4, paragraph a, Code 15 2020, is amended to read as follows: 16 a. Damages sustained by the decedent’s or ward’s protected 17 person’s estate. 18 Sec. 44. Section 633.80, Code 2020, is amended to read as 19 follows: 20 633.80 Fiduciary of a fiduciary. 21 A fiduciary has no authority to act in a matter wherein the 22 fiduciary’s decedent or ward protected person was merely a 23 fiduciary, except that the fiduciary shall file a report and 24 accounting on behalf of the decedent or ward protected person 25 in said matter. 26 Sec. 45. Section 633.93, Code 2020, is amended to read as 27 follows: 28 633.93 Limitation on actions affecting deeds. 29 No action for recovery of any real estate sold by any 30 fiduciary can be maintained by any person claiming under the 31 deceased, the ward protected person , or a beneficiary, unless 32 brought within five years after the date of the recording of 33 the conveyance. 34 Sec. 46. Section 633.112, Code 2020, is amended to read as 35 -22- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 22/ 34
follows: 1 633.112 Discovery of property. 2 The court may require any person suspected of having 3 possession of any property, including records and documents, 4 of the decedent, ward protected person , or the estate, or of 5 having had such property under the person’s control, to appear 6 and submit to an examination under oath touching such matters, 7 and if on such examination it appears that the person has the 8 wrongful possession of any such property, the court may order 9 the delivery thereof to the fiduciary. Such a person shall be 10 liable to the estate for all damages caused by the person’s 11 acts. 12 Sec. 47. Section 633.123, subsection 1, paragraph b, 13 subparagraph (3), Code 2020, is amended to read as follows: 14 (3) The needs and rights of the beneficiaries or the ward 15 protected person . 16 Sec. 48. Section 633.558, subsection 3, Code 2020, is 17 amended to read as follows: 18 3. Notice of the filing of a petition given to persons under 19 subsections subsection 2 and 3 shall include a statement that 20 such persons may register to receive notice of the hearing 21 on the petition and other proceedings and the manner of such 22 registration. 23 Sec. 49. Section 633.560, subsection 3, Code 2020, is 24 amended to read as follows: 25 3. The court shall require the proposed guardian or 26 conservator to attend the hearing on the petition but the court 27 may excuse the proposed guardian’s or conservator’s attendance 28 for good cause shown. 29 Sec. 50. Section 633.561, subsection 4, paragraphs c and f, 30 Code 2020, are amended to read as follows: 31 c. Ensure that the respondent has been properly advised of 32 the respondent’s rights in a guardianship or conservatorship 33 proceeding. 34 f. Ensure that the guardianship or conservatorship 35 -23- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 23/ 34
procedures conform to the statutory and due process 1 requirements of Iowa law. 2 Sec. 51. Section 633.561, subsection 5, paragraphs a and b, 3 Code 2020, are amended to read as follows: 4 a. Inform the respondent of the effects of the order entered 5 for appointment of guardian or conservator . 6 b. Advise the respondent of the respondent’s rights to 7 petition for modification or termination of the guardianship 8 or conservatorship . 9 Sec. 52. Section 633.562, subsection 5, paragraphs a and b, 10 Code 2020, are amended to read as follows: 11 a. A recommendation regarding the appropriateness of a 12 limited guardianship or conservatorship for the respondent, 13 including whether less restrictive alternatives are available. 14 b. A statement of the qualifications of the guardian or 15 conservator together with a statement of whether the respondent 16 has expressed agreement with the appointment of the proposed 17 guardian or conservator. 18 Sec. 53. Section 633.580, subsections 1 and 4, Code 2020, 19 are amended to read as follows: 20 1. The name, age, and last known post office address of the 21 proposed ward protected person . 22 4. A general description of the property of the proposed 23 ward protected person within this state and of the proposed 24 ward’s protected person’s right to receive property; also, the 25 estimated present value of the real estate, the estimated value 26 of the personal property, and the estimated gross annual income 27 of the estate. If any money is payable, or to become payable, 28 to the proposed ward protected person by the United States 29 through the United States department of veterans affairs, the 30 petition shall so state. 31 Sec. 54. Section 633.591A, Code 2020, is amended to read as 32 follows: 33 633.591A Voluntary petition for appointment of conservator 34 for a minor —— standby basis. 35 -24- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 24/ 34
A person having physical and legal custody of a minor 1 may execute a verified petition for the appointment of a 2 standby conservator of the proposed ward’s protected person’s 3 property, upon the express condition that the petition shall 4 be acted upon by the court only upon the occurrence of an event 5 specified or the existence of a described condition of the 6 mental or physical health of the petitioner, the occurrence 7 of which event, or the existence of which condition, shall be 8 established in the manner directed in the petition. 9 Sec. 55. Section 633.603, Code 2020, is amended to read as 10 follows: 11 633.603 Appointment of foreign conservators. 12 When there is no conservatorship, nor any application 13 therefor pending, in this state, the duly qualified foreign 14 conservator or guardian of a nonresident ward protected 15 person may, upon application, be appointed conservator of the 16 property of such person in this state; provided that a resident 17 conservator is appointed to serve with the foreign conservator; 18 and provided further, that for good cause shown, the court 19 may appoint the foreign conservator to act alone without the 20 appointment of a resident conservator. 21 Sec. 56. Section 633.604, Code 2020, is amended to read as 22 follows: 23 633.604 Application. 24 The application for appointment of a foreign conservator 25 or guardian as conservator in this state shall include the 26 name and address of the nonresident ward protected person , and 27 of the nonresident conservator or guardian, and the name and 28 address of the resident conservator to be appointed. It shall 29 be accompanied by a certified copy of the original letters 30 or other authority conferring the power upon the foreign 31 conservator or guardian to act as such. The application 32 shall also state the cause for the appointment of the foreign 33 conservator to act as sole conservator, if such be the case. 34 Sec. 57. Section 633.605, Code 2020, is amended to read as 35 -25- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 25/ 34
follows: 1 633.605 Personal property. 2 A foreign conservator or guardian of a nonresident may 3 be authorized by the court of the county wherein such ward 4 protected person has personal property to receive the same upon 5 compliance with the provisions of sections 633.606 , 633.607 and 6 633.608 . 7 Sec. 58. Section 633.607, Code 2020, is amended to read as 8 follows: 9 633.607 Order for delivery. 10 Upon the filing of the bond as above provided, and the court 11 being satisfied with the amount thereof, it shall order the 12 personal property of the ward protected person delivered to 13 such conservator or guardian. 14 Sec. 59. Section 633.633, Code 2020, is amended to read as 15 follows: 16 633.633 Provisions applicable to all fiduciaries shall 17 govern. 18 The provisions of this probate code applicable to all 19 fiduciaries shall govern the appointment, qualification, oath 20 and bond of guardians and conservators, except that a guardian 21 shall not be required to give bond unless the court, for good 22 cause, finds that the best interests of the ward protected 23 person require a bond. The court shall then fix the terms and 24 conditions of such bond. 25 Sec. 60. Section 633.633B, Code 2020, is amended to read as 26 follows: 27 633.633B Tort liability of guardians and conservators. 28 The fact that a person is a guardian or conservator shall not 29 in itself make the person personally liable for damages for the 30 acts of the ward protected person . 31 Sec. 61. Section 633.636, Code 2020, is amended to read as 32 follows: 33 633.636 Effect of appointment of guardian or conservator. 34 The appointment of a guardian or conservator shall not 35 -26- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 26/ 34
constitute an adjudication that the ward protected person is of 1 unsound mind. 2 Sec. 62. Section 633.637, Code 2020, is amended to read as 3 follows: 4 633.637 Powers of ward protected person . 5 1. A ward protected person for whom a conservator has been 6 appointed shall not have the power to convey, encumber, or 7 dispose of property in any manner, other than by will if the 8 ward protected person possesses the requisite testamentary 9 capacity, unless the court determines that the ward protected 10 person has a limited ability to handle the ward’s protected 11 person’s own funds. If the court makes such a finding, the 12 court shall specify to what extent the ward protected person 13 may possess and use the ward’s protected person’s own funds. 14 2. Any modification of the powers of the ward protected 15 person that would be more restrictive of the ward’s protected 16 person’s control over the ward’s protected person’s financial 17 affairs shall be based upon clear and convincing evidence 18 and the burden of persuasion is on the conservator. Any 19 modification that would be less restrictive of the ward’s 20 protected person’s control over the ward’s protected person’s 21 financial affairs shall be based upon proof in accordance with 22 the requirements of section 633.675 . 23 Sec. 63. Section 633.637A, Code 2020, is amended to read as 24 follows: 25 633.637A Rights of ward protected person under guardianship. 26 An adult ward protected person under a guardianship has the 27 right of communication, visitation, or interaction with other 28 persons upon the consent of the adult ward protected person , 29 subject to section 633.635, subsection 2 , paragraph “i” , and 30 section 633.635, subsection 3 , paragraph “c” . If an adult ward 31 protected person is unable to give express consent to such 32 communication, visitation, or interaction with a person due 33 to a physical or mental condition, consent of an adult ward 34 protected person may be presumed by a guardian or a court based 35 -27- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 27/ 34
on an adult ward’s protected person’s prior relationship with 1 such person. 2 Sec. 64. Section 633.638, Code 2020, is amended to read as 3 follows: 4 633.638 Presumption of fraud. 5 If a conservator be appointed, all contracts, transfers and 6 gifts made by the ward protected person after the filing of the 7 petition shall be presumed to be a fraud against the rights 8 and interest of the ward protected person except as otherwise 9 directed by the court pursuant to section 633.637 . 10 Sec. 65. Section 633.639, Code 2020, is amended to read as 11 follows: 12 633.639 Title to ward’s protected person’s property. 13 The title to all property of the ward protected person is 14 in the ward protected person and not the conservator subject, 15 however, to the possession of the conservator and to the 16 control of the court for the purposes of administration, 17 sale or other disposition, under the provisions of the 18 law. Any real property titled at any time in the name of a 19 conservatorship shall be deemed to be titled in the ward’s 20 protected person’s name subject to the conservator’s right of 21 possession. 22 Sec. 66. Section 633.640, Code 2020, is amended to read as 23 follows: 24 633.640 Conservator’s right to possession. 25 Every conservator shall have a right to, and shall take, 26 possession of all of the real and personal property of the 27 ward protected person . The conservator shall pay the taxes 28 and collect the income therefrom until the conservatorship is 29 terminated. The conservator may maintain an action for the 30 possession of the property, and to determine the title to the 31 same. 32 Sec. 67. Section 633.643, Code 2020, is amended to read as 33 follows: 34 633.643 Disposal of will by conservator. 35 -28- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 28/ 34
When an instrument purporting to be the will of the ward 1 protected person comes into the hands of a conservator, the 2 conservator shall immediately deliver it to the court. 3 Sec. 68. Section 633.644, Code 2020, is amended to read as 4 follows: 5 633.644 Court order to preserve testamentary intent of ward 6 protected person . 7 Upon receiving an instrument purporting to be the will of a 8 living ward protected person under the provisions of section 9 633.643 , the court may open said will and read it. The court 10 with or without notice, as it may determine, may enter such 11 orders in the conservatorship as it deems advisable for the 12 proper administration of the conservatorship in light of the 13 expressed testamentary intent of the ward protected person . 14 Sec. 69. Section 633.645, Code 2020, is amended to read as 15 follows: 16 633.645 Court to deliver will to clerk. 17 An instrument purporting to be the will of a ward protected 18 person coming into the hands of the court under the provisions 19 of section 633.643 , shall thereafter be resealed by the court 20 and be deposited with the clerk to be held by said clerk as 21 provided in sections 633.286 through 633.289 . 22 Sec. 70. Section 633.653A, Code 2020, is amended to read as 23 follows: 24 633.653A Claims for cost of medical care or services. 25 The provision of medical care or services to a ward protected 26 person who is a recipient of medical assistance under chapter 27 249A creates a claim against the conservatorship for the amount 28 owed to the provider under the medical assistance program for 29 the care or services. The amount of the claim, after being 30 allowed or established as provided in this part, shall be paid 31 by the conservator from the assets of the conservatorship. 32 Sec. 71. Section 633.654, Code 2020, is amended to read as 33 follows: 34 633.654 Form and verification of claims —— general 35 -29- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 29/ 34
requirements. 1 No claim shall be allowed against the estate of a ward 2 protected person upon application of the claimant unless 3 it shall be in writing, filed in duplicate with the clerk, 4 stating the claimant’s name and address, and describing the 5 nature and the amount thereof, if ascertainable. It shall be 6 accompanied by the affidavit of the claimant, or of someone for 7 the claimant, that the amount is justly due, or if not due, 8 when it will or may become due, that no payments have been 9 made thereon which are not credited, and that there are no 10 offsets to the same, to the knowledge of the affiant, except as 11 therein stated. The duplicate of said claim shall be mailed 12 by the clerk to the conservator or the conservator’s attorney 13 of record; however, valid contract claims arising in the 14 ordinary course of the conduct of the business or affairs of 15 the ward protected person by the conservator may be paid by the 16 conservator without requiring affidavit or filing. 17 Sec. 72. Section 633.656, Code 2020, is amended to read as 18 follows: 19 633.656 How claim entitled. 20 All claims filed against the estate of the ward protected 21 person shall be entitled in the name of the claimant against 22 the conservator as such, naming the conservator, and in all 23 further proceedings thereon, this title shall be preserved. 24 Sec. 73. Section 633.660, Code 2020, is amended to read as 25 follows: 26 633.660 Execution and levy prohibited. 27 No execution shall issue upon, nor shall any levy be made 28 against, any property of the estate of a ward protected person 29 under any judgment against the ward protected person or a 30 conservator, but the provisions of this section shall not be so 31 construed as to prevent the enforcement of a mortgage, pledge, 32 or other lien upon property in an appropriate proceeding. 33 Sec. 74. Section 633.661, Code 2020, is amended to read as 34 follows: 35 -30- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 30/ 34
633.661 Claims of conservators. 1 If the conservator is a creditor of the ward protected 2 person , the conservator shall file the claim as other 3 creditors, and the court shall appoint some competent person as 4 temporary conservator to represent the ward protected person 5 at the hearing on the conservator’s claim. The same procedure 6 shall be followed in the case of coconservators where all 7 such conservators are creditors of the ward protected person ; 8 but if one of the coconservators is not a creditor of the 9 ward protected person , such disinterested conservator shall 10 represent the ward protected person at the hearing on any claim 11 against the ward protected person by a coconservator. 12 Sec. 75. Section 633.662, Code 2020, is amended to read as 13 follows: 14 633.662 Claims not filed. 15 The conservator may pay any valid claim against the estate of 16 the ward protected person even though such claim has not been 17 filed, but all such payments made by the conservator shall be 18 at the conservator’s own peril. 19 Sec. 76. Section 633.664, Code 2020, is amended to read as 20 follows: 21 633.664 Liens not affected by failure to file claim. 22 Nothing in sections 633.654 and 633.658 shall affect or 23 prevent an action or proceeding to enforce any mortgage, 24 pledge, or other lien upon the property of the ward protected 25 person . 26 Sec. 77. Section 633.665, Code 2020, is amended to read as 27 follows: 28 633.665 Separate actions and claims. 29 1. Any action pending against the ward protected person at 30 the time the conservator is appointed shall also be considered 31 a claim filed in the conservatorship if notice of substitution 32 is served on the conservator as defendant and a duplicate of 33 the proof of service of notice of such proceeding is filed in 34 the conservatorship proceeding. 35 -31- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 31/ 34
2. A separate action based on a debt or other liability 1 of the ward protected person may be commenced against the 2 conservator in lieu of filing a claim in the conservatorship. 3 Such an action shall be commenced by serving an original notice 4 on the conservator and filing a duplicate of the proof of 5 service of notice of such proceeding in the conservatorship 6 proceeding. Such an action shall also be considered a claim 7 filed in the conservatorship. Such an action may be commenced 8 only in a county where the venue would have been proper if 9 there were no conservatorship and the action had been commenced 10 against the ward protected person . 11 Sec. 78. Section 633.667, Code 2020, is amended to read as 12 follows: 13 633.667 Payment of claims in insolvent conservatorships. 14 When it appears that the assets in a conservatorship are 15 insufficient to pay in full all the claims against such 16 conservatorship, the conservator shall report such matter to 17 the court, and the court shall, upon hearing, with notice to 18 all persons who have filed claims in the conservatorship, make 19 an order for the pro rata payment of claims giving claimants 20 the same priority, if any, as they would have if the ward 21 protected person were not under conservatorship. 22 Sec. 79. Section 633.668, Code 2020, is amended to read as 23 follows: 24 633.668 Conservator may make gifts. 25 For good cause shown and under order of court, a conservator 26 may make gifts on behalf of the ward protected person out of 27 the assets under a conservatorship to persons or religious, 28 educational, scientific, charitable, or other nonprofit 29 organizations to whom or to which such gifts were regularly 30 made prior to the commencement of the conservatorship, or on 31 a showing to the court that such gifts would benefit the ward 32 protected person or the ward’s protected person’s estate from 33 the standpoint of income, gift, estate or inheritance taxes. 34 The making of gifts out of the assets must not foreseeably 35 -32- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 32/ 34
impair the ability to provide adequately for the best interests 1 of the ward protected person . 2 Sec. 80. Section 633.673, Code 2020, is amended to read as 3 follows: 4 633.673 Court costs in guardianships. 5 The ward protected person or the ward’s protected person’s 6 estate shall be charged with the court costs of a ward’s 7 protected person’s guardianship, including the guardian’s fees 8 and the fees of the attorney for the guardian. The court 9 may, upon application, enter an order waiving payment of the 10 court costs in indigent cases. However, if the ward protected 11 person or ward’s protected person’s estate becomes financially 12 capable of paying any waived costs, the costs shall be paid 13 immediately. 14 Sec. 81. Section 633.676, Code 2020, is amended to read as 15 follows: 16 633.676 Assets exhausted. 17 At any time that the assets of the ward’s protected person’s 18 estate do not exceed the amount of the charges and claims 19 against it, the court may direct the conservator to proceed to 20 terminate the conservatorship. 21 Sec. 82. Section 633.677, Code 2020, is amended to read as 22 follows: 23 633.677 Accounting to ward protected person —— notice. 24 Upon the termination of a conservatorship, the conservator 25 shall pay the costs of administration and shall render a full 26 and complete accounting to the ward protected person or the 27 ward’s protected person’s personal representative and to the 28 court. Notice of the final report of a conservator shall be 29 served on the ward protected person or the ward’s protected 30 person’s personal representative, in accordance with section 31 633.40 , unless notice is waived. An order prescribing notice 32 may be made before or after the filing of the final report. 33 Sec. 83. Section 633.681, Code 2020, is amended to read as 34 follows: 35 -33- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 33/ 34
633.681 Assets of minor ward protected person exhausted. 1 When the assets of a minor ward’s protected person’s 2 conservatorship are exhausted or consist of personal property 3 only of an aggregate value not in excess of twenty-five 4 thousand dollars, the court, upon application or upon its 5 own motion, may terminate the conservatorship. The order 6 for termination shall direct the conservator to deliver any 7 property remaining after the payment of allowed claims and 8 expenses of administration to a custodian under any uniform 9 transfers to minors Act. Such delivery shall have the same 10 force and effect as if delivery had been made to the ward 11 protected person after attaining majority. 12 Sec. 84. Section 633.682, Code 2020, is amended to read as 13 follows: 14 633.682 Discharge of conservator and release of bond. 15 Upon settlement of the final accounting of a conservator, 16 and upon determining that the property of the ward protected 17 person has been delivered to the person or persons lawfully 18 entitled thereto, the court shall discharge the conservator and 19 exonerate the surety on the conservator’s bond. > 20 2. Title page, by striking lines 1 through 4 and 21 inserting < An Act relating to the opening, administration, 22 and termination of adult and minor guardianships and 23 conservatorships, and including effective date and retroactive 24 applicability provisions. > 25 ______________________________ HITE of Mahaska -34- HF2564.3945 (1) 88 (amending this HF 2564 to CONFORM to SF 2321) as/jh 34/ 34 #2.