Senate File 2321 H-8170 Amend Senate File 2321, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 MINOR GUARDIANSHIPS 6 Section 1. Section 232.3, subsection 1, Code 2020, is 7 amended to read as follows: 8 1. During the pendency of an action under this chapter , a 9 party to the action is estopped from litigating concurrently 10 the custody, guardianship, or placement of a child who is the 11 subject of the action, in a court other than the juvenile court 12 with jurisdiction of the pending action under this chapter . A 13 district judge, district associate judge, juvenile court judge, 14 magistrate, or judicial hospitalization referee, upon notice 15 of the pendency of an action under this chapter , shall not 16 issue an order, finding, or decision relating to the custody, 17 guardianship, or placement of the child who is the subject of 18 the action, under any law, including but not limited to chapter 19 232D, 598, or 598B , or 633 . 20 Sec. 2. Section 232.3, Code 2020, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3. An action which is pending under chapter 23 232D prior to an action being brought under this chapter shall 24 be stayed by the court in the chapter 232D action unless the 25 court follows the procedures in subsection 2 and authorizes a 26 party to the action to litigate a specific issue under this 27 chapter. 28 Sec. 3. Section 232D.103, Code 2020, is amended to read as 29 follows: 30 232D.103 Jurisdiction. 31 The juvenile court has exclusive jurisdiction in a 32 guardianship proceeding concerning a minor who is alleged to be 33 in need of a guardianship , and guardianships of minors . 34 Sec. 4. Section 232D.105, subsection 1, Code 2020, is 35 -1- SF2321.3921 (1) 88 as/jh 1/ 34 #1.

amended to read as follows: 1 1. A petition alleging that a minor is in need of a 2 conservatorship is not subject to this chapter . Such 3 proceedings shall be governed by chapter 633 and may be 4 initiated pursuant to section 633.627 633.557 . 5 Sec. 5. NEW SECTION . 232D.107 Confidentiality. 6 Official juvenile court records in guardianship proceedings 7 shall be confidential and are not public records. Confidential 8 records may be inspected and their contents shall be disclosed 9 to the following without court order, provided that a person 10 or entity who inspects or receives a confidential record under 11 this section shall not disclose the confidential record or its 12 contents unless required by law: 13 1. The judge and professional court staff. 14 2. The minor and the minor’s counsel. 15 3. The minor’s parent, guardian or custodian, court 16 visitor, and any counsel representing such person. 17 Sec. 6. 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 any time during the 21 six months prior to immediately preceding the filing of the 22 petition. 23 Sec. 7. Section 232D.301, subsection 4, Code 2020, is 24 amended to read as follows: 25 4. The petition shall state whether a limited guardianship 26 is appropriate , and whether a conservatorship for the minor is 27 needed or already in existence . 28 Sec. 8. Section 232D.302, subsection 2, Code 2020, is 29 amended to read as follows: 30 2. Notice shall be served upon the minor’s known parents 31 listed in the petition in accordance with the rules of civil 32 procedure. If the parent has not filed a consent to the 33 appointment of a guardian, the notice shall inform any parent 34 named in the petition that the parent may be entitled to 35 -2- SF2321.3921 (1) 88 as/jh 2/ 34

representation under the conditions described in section 1 232D.304. 2 Sec. 9. Section 232D.305, subsection 1, Code 2020, is 3 amended to read as follows: 4 1. The court may appoint a court visitor for the minor. A 5 person is qualified to serve as a court visitor if the court 6 determines the person has demonstrated sufficient knowledge of 7 guardianships to adequately perform the duties in subsection 3. 8 Sec. 10. Section 232D.306, Code 2020, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 4. A hearing on the petition may be 11 recorded if a court reporter is not used. 12 Sec. 11. Section 232D.307, subsections 1 and 2, Code 2020, 13 are amended to read as follows: 14 1. The court shall request criminal record checks and checks 15 of the child abuse, dependent adult abuse, and sex offender 16 registries in this state for all proposed guardians other than 17 financial institutions with Iowa trust powers unless a proposed 18 guardian has undergone the required background checks in this 19 section within the twelve six months prior to the filing of 20 a petition and the background check has been provided to the 21 court . 22 2. The court shall review the results of background 23 checks in determining the suitability of a proposed guardian 24 for appointment , and may, for good cause, share with the 25 respondent, the respondent’s attorney, and the protected 26 person’s attorney, the results of background checks . 27 Sec. 12. Section 232D.401, subsection 1, Code 2020, is 28 amended to read as follows: 29 1. The order by the court appointing a guardian for a minor 30 shall state the basis for the order and the date on which the 31 first reporting period for the guardianship will end . 32 Sec. 13. Section 232D.401, subsection 3, unnumbered 33 paragraph 1, Code 2020, is amended to read as follows: 34 An order by the court appointing a guardian for a minor shall 35 -3- SF2321.3921 (1) 88 as/jh 3/ 34

state the powers granted to the guardian. Except as otherwise 1 limited by court order, the court may grant the guardian the 2 following powers, which may be exercised without prior further 3 court approval: 4 Sec. 14. Section 232D.401, subsection 3, paragraph e, Code 5 2020, is amended to read as follows: 6 e. Applying for and receiving funds and benefits payable 7 for the support of the minor if the minor does not have a 8 conservator. If the minor has a conservator, the guardian 9 shall notify the conservator at least ten days before applying 10 for funds or benefits for the support of the minor . 11 Sec. 15. Section 232D.501, subsection 1, paragraph a, 12 unnumbered paragraph 1, Code 2020, is amended to read as 13 follows: 14 A verified initial care plan filed within sixty days of 15 appointment. The information , to the extent known, in the 16 initial care plan shall include but not be limited to the 17 following information: 18 Sec. 16. Section 232D.501, subsection 1, paragraph a, Code 19 2020, is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for 21 applying for and receiving funds and benefits payable for the 22 support of the minor. 23 Sec. 17. Section 232D.501, subsection 1, paragraph b, 24 unnumbered paragraph 1, Code 2020, is amended to read as 25 follows: 26 A verified annual report filed within thirty days of the 27 close of the reporting period. The information , to the extent 28 known, in the annual report shall include but not be limited 29 to the following information: 30 Sec. 18. Section 232D.501, subsection 1, paragraph b, Code 31 2020, is amended by adding the following new subparagraphs: 32 NEW SUBPARAGRAPH . (11) The results of the guardian’s 33 efforts to apply for funds or benefits for the minor, and 34 an accounting for the use of such funds or benefits by the 35 -4- SF2321.3921 (1) 88 as/jh 4/ 34

guardian. 1 NEW SUBPARAGRAPH . (12) Any other information the guardian 2 deems necessary for the court to consider. 3 Sec. 19. Section 232D.501, Code 2020, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 5. A copy of the verified initial care plan 6 and verified annual report shall be served, annually, on the 7 protected person, the protected person’s attorney, if any, and 8 court visitor, if any. 9 NEW SUBSECTION . 6. The court, for good cause, may extend 10 the deadline for filing required reports. Required reports of 11 a guardian which are not timely filed and which are delinquent, 12 and for which no extension for filing has been granted by the 13 court, shall be administered in the same manner as provided in 14 section 633.32. 15 DIVISION II 16 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 17 Sec. 20. Section 235B.6, subsection 2, paragraph d, Code 18 2020, is amended by adding the following new subparagraph: 19 NEW SUBPARAGRAPH . (7) To a district court conducting 20 checks of the dependent adult abuse registry for all proposed 21 guardians and conservators pursuant to section 633.564. 22 Sec. 21. Section 633.556, subsections 4, 5, and 8, Code 23 2020, are amended to read as follows: 24 4. The petition shall list the name and address of the 25 petitioner and the petitioner’s relationship to the respondent. 26 following: 27 a. The respondent. 28 b. The petitioner and the petitioner’s relationship to the 29 respondent. 30 c. The proposed guardian or conservator and the reason the 31 proposed guardian or conservator should be selected. 32 5. The petition shall list the name and address, to the 33 extent known, of the following: 34 a. The name and address of the proposed guardian and the 35 -5- SF2321.3921 (1) 88 as/jh 5/ 34

reason the proposed guardian should be selected. 1 b. a. Any spouse of the respondent. 2 c. b. Any adult children of the respondent. 3 d. c. Any parents of the respondent. 4 e. d. Any adult, who has had the primary care of the 5 respondent or with whom the respondent has lived for at least 6 any time during the six months prior to immediately preceding 7 the filing of the petition, or any institution or facility 8 where the respondent has resided for at least six months prior 9 to any time during the six months immediately preceding the 10 filing of the petition. 11 f. e. Any legal representative or representative payee of 12 the respondent. 13 g. f. Any person designated as an attorney in fact in a 14 durable power of attorney for health care which is valid under 15 chapter 144B , or any person designated as an agent in a durable 16 power of attorney which is valid under chapter 633B . 17 8. The A petition for conservator shall provide a brief 18 description of the respondent’s alleged functional limitations 19 that make the respondent unable to communicate or carry out 20 important decisions concerning the respondent’s financial 21 affairs. A petition for guardianship shall provide a brief 22 description of the respondent’s alleged functional limitations 23 that make the respondent unable to provide for the respondent’s 24 safety, care, or necessities. 25 Sec. 22. Section 633.561, subsection 1, paragraph a, Code 26 2020, is amended to read as follows: 27 a. If the respondent is an adult and is not the petitioner 28 Except as provided in paragraph “b” , the respondent is entitled 29 to representation by an attorney. Upon the filing of the 30 petition, the court shall appoint an attorney to represent the 31 respondent, set a hearing on the petition, and provide for 32 notice of the appointment of counsel and the date for hearing. 33 Sec. 23. Section 633.561, subsection 6, Code 2020, is 34 amended to read as follows: 35 -6- SF2321.3921 (1) 88 as/jh 6/ 34

6. If the court determines that it would be in the 1 respondent’s best interest to have legal representation 2 with respect to any further proceedings in a guardianship 3 or conservatorship, the court may appoint an attorney to 4 represent the respondent at the expense of the respondent or 5 the respondent’s estate, or if the respondent is indigent the 6 cost of the court appointed attorney shall be assessed against 7 the county in which the proceedings are pending. 8 Sec. 24. Section 633.562, subsection 1, Code 2020, is 9 amended to read as follows: 10 1. If the court determines that the appointment of a court 11 visitor would be in the best interest of the respondent, the 12 court shall appoint a court visitor at the expense of the 13 respondent or the respondent’s estate, or, if the respondent 14 is indigent, the cost of the court visitor shall be assessed 15 against the county in which the proceedings are pending. The 16 court may appoint any qualified person as a court visitor in 17 a guardianship or conservatorship proceeding. A person is 18 qualified to serve in this capacity if the court determines the 19 person has demonstrated sufficient knowledge of guardianships 20 or conservatorships to adequately perform the duties in 21 subsection 3. 22 Sec. 25. Section 633.562, Code 2020, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 7. A court visitor shall be discharged 25 from all further duties upon appointment of a guardian or 26 conservator, unless otherwise ordered by the court. The court 27 may order a court visitor to continue to serve if the court 28 determines continued service would be in the best interest of 29 the protected person. If the court continues the service of 30 the court visitor, the court may limit the direct duties of the 31 court visitor as the court deems necessary. The court visitor 32 shall thereafter continue to serve until discharged by the 33 court. 34 Sec. 26. Section 633.563, subsection 7, unnumbered 35 -7- SF2321.3921 (1) 88 as/jh 7/ 34

paragraph 1, Code 2020, is amended to read as follows: 1 The results of the evaluation ordered by the court shall be 2 made available to filed with the court and made available to 3 the following: 4 Sec. 27. Section 633.564, subsections 1 and 2, Code 2020, 5 are amended to read as follows: 6 1. The court shall request criminal record checks and 7 checks of the child abuse, dependent adult abuse, and sexual 8 offender registries in this state for all proposed guardians 9 and conservators, other than financial institutions with Iowa 10 trust powers , unless a proposed guardian or conservator has 11 undergone the required background checks required by this 12 section within the six months prior to the filing of a petition 13 and the background check has been provided to the court . 14 2. The court shall review the results of background checks 15 in determining the suitability of a proposed guardian or 16 conservator for appointment , and may, for good cause, share 17 with the respondent, the respondent’s attorney, and the 18 protected person’s attorney, the results of the background 19 checks . 20 Sec. 28. Section 633.569, Code 2020, is amended to read as 21 follows: 22 633.569 Emergency appointment of temporary guardian or 23 conservator. 24 1. A person authorized to file a petition under section 25 633.552, 633.553, or 633.554 633.556 or 633.557 may file an 26 application for the emergency appointment of a temporary 27 guardian or conservator. 28 2. Such application shall state all of the following: 29 a. The name and address of the respondent. 30 0b. The name and address of the petitioner and the 31 petitioner’s relationship to the respondent. 32 b. The name and address of the proposed guardian or 33 conservator and the reason the proposed guardian or conservator 34 should be selected. 35 -8- SF2321.3921 (1) 88 as/jh 8/ 34

0c. The names and addresses, to the extent known, of any 1 other persons who must be named in the petition for appointment 2 of a guardian or conservator under section 633.556 or 633.557. 3 c. The reason the emergency appointment of a temporary 4 guardian or conservator is sought. 5 3. The court may enter an ex parte order appointing a 6 temporary guardian or conservator on an emergency basis 7 under this section if the court finds by clear and convincing 8 evidence that all of the following conditions are met: 9 a. There is not sufficient time to file a petition and hold 10 a hearing pursuant to section 633.552, 633.553, or 633.554 11 633.556, 633.557, or 633.560 . 12 b. The appointment of a temporary guardian or conservator 13 is necessary to avoid immediate or irreparable harm to the 14 respondent before a hearing with notice to the respondent can 15 be held . 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 04. Immediately on filing of an application for the 20 emergency appointment of a temporary guardian or conservator, 21 the court shall appoint an attorney to represent the respondent 22 in the proceeding. 23 4. Notice of a petition for the appointment of a temporary 24 guardian or conservator and the issuance of an ex parte 25 order appointing a temporary guardian or conservator shall be 26 provided not later than forty-eight hours after the issuance of 27 the order of appointment to the respondent, the respondent’s 28 attorney, and any other person the court determines should 29 receive notice. Notice shall be provided by personal service 30 unless otherwise directed by the court. 31 5. Upon the issuance of an ex parte order, if the respondent 32 is an adult, the respondent may file a request for a hearing. 33 If the respondent is a minor, the respondent, a parent having 34 legal custody of the respondent, or any other person having 35 -9- SF2321.3921 (1) 88 as/jh 9/ 34

legal custody of the respondent may file a written request for 1 a hearing. Such hearing shall be held no later than seven days 2 after the filing of a written request A hearing shall be held 3 not more than seven days after the issuance of an ex parte 4 order appointing a temporary guardian or conservator . 5 6. The powers of the temporary guardian or conservator 6 set forth in the order of the court shall be limited to those 7 necessary to address the emergency situation requiring the 8 appointment of a temporary guardian or conservator. 9 7. The temporary guardianship or conservatorship shall 10 terminate within thirty sixty days after the order is issued. 11 8. The court may extend the duration of the temporary 12 guardianship or conservatorship for good cause beyond the sixty 13 days if the court determines after a hearing that the temporary 14 guardianship or conservatorship should continue. An extension 15 shall not be for more than sixty days at a time. 16 9. The temporary guardian or conservator shall submit any 17 report the court requires. 18 Sec. 29. Section 633.635, subsection 1, Code 2020, is 19 amended to read as follows: 20 1. The order by the court appointing a guardian shall state 21 the basis for the guardianship pursuant to section 633.552 22 and the date on which the first reporting period for the 23 guardianship shall end . 24 Sec. 30. Section 633.641, subsection 3, Code 2020, is 25 amended to read as follows: 26 3. If a protected person has executed a valid power of 27 attorney under chapter 633B , the conservator shall act in 28 accordance with the applicable provisions of chapter 633B 29 If the court appoints a conservator for a protected person 30 who has previously executed a valid power of attorney under 31 chapter 633B, the power of attorney is suspended unless the 32 power of attorney provides otherwise or the court appointing 33 the conservator orders that the power of attorney should 34 continue . If the power of attorney continues, the agent is 35 -10- SF2321.3921 (1) 88 as/jh 10/ 34

accountable to the conservator as well as the principal. The 1 power of attorney shall be reinstated upon termination of the 2 conservatorship for reasons other than the protected person’s 3 death. 4 Sec. 31. Section 633.642, unnumbered paragraph 1, Code 5 2020, is amended to read as follows: 6 Except as otherwise ordered by the court , and except 7 for those powers relating to all fiduciaries as set out in 8 sections 633.63 through 633.162 which may be exercised without 9 approval of the court unless expressly modified by the court , 10 a conservator must give notice to persons entitled to notice 11 and receive specific prior authorization by the court before 12 the conservator may take any other action on behalf of the 13 protected person. These other powers Powers requiring court 14 approval include , but are not limited to the authority of the 15 conservator to: 16 Sec. 32. Section 633.669, Code 2020, is amended to read as 17 follows: 18 633.669 Reporting requirements —— assistance by clerk Reports 19 by guardians . 20 1. A guardian appointed by the court under this chapter 21 shall file with the court the following written verified 22 reports which shall not be waived by the court: 23 a. An initial care plan filed within sixty days of 24 appointment. The information , to the extent known, in the 25 initial care plan shall include but not be limited to the 26 following information: 27 (1) The current residence of the protected person and the 28 guardian’s plan for the protected person’s living arrangements. 29 (2) The current sources of payment for the protected 30 person’s living expenses and other expenses, and the guardian’s 31 plan for payment of the protected person’s living expenses and 32 other expenses. 33 (3) The protected person’s health status and health care 34 needs, and the guardian’s plan for meeting the protected 35 -11- SF2321.3921 (1) 88 as/jh 11/ 34

person’s needs for medical, dental, and other health care 1 needs. 2 (3A) Whether the protected person has a living will or 3 health care power of attorney. 4 (4) If applicable, the protected person’s need for other 5 professional services for mental, behavioral, or emotional 6 health, and the guardian’s plan for other professional services 7 needed by the protected person. 8 (5) If applicable, the protected person’s employment 9 status, the protected person’s need for educational, training, 10 or vocational services, and the guardian’s plan for meeting the 11 educational, training, and vocational needs of the protected 12 person. 13 (6) If applicable, the guardian’s plan for facilitating the 14 participation of the protected person in social activities. 15 (7) The guardian’s plan for facilitating contacts between 16 the protected person and the protected person’s family members 17 and other significant persons significant in the life of the 18 protected person . 19 (8) The guardian’s plan for contact with, and activities on 20 behalf of, the protected person. 21 (9) The powers that the guardian requests to carry out the 22 initial care plan. 23 (10) The guardian shall file an amended plan when there 24 has been a significant change in the circumstances or the 25 guardian seeks to deviate significantly from the plan. The 26 guardian must obtain court approval of the amended plan before 27 implementing any of its provisions. 28 b. An annual report, filed within sixty days of the close 29 of the reporting period , unless the court otherwise orders 30 on good cause shown . The information in the annual report 31 shall include but not be limited to , to the extent known, the 32 following information: 33 (1) The current living arrangements of the protected 34 person. 35 -12- SF2321.3921 (1) 88 as/jh 12/ 34

(2) The sources of payment for the protected person’s living 1 expenses and other expenses. 2 (3) A description, if applicable, of the following: 3 (a) The protected person’s physical and mental health 4 status and the medical, dental, and other professional health 5 services provided to the protected person. 6 (b) If applicable, the protected person’s employment status 7 and the educational, training, and vocational services provided 8 to the protected person. 9 (0c) The guardian’s facilitation of the participation of 10 the protected person in social activities. 11 (c) The contact of the protected person with family members 12 and other significant persons. 13 (d) The nature and extent of the guardian’s visits with, and 14 activities on behalf of, the protected person. 15 (04) The guardian’s changes to the care plan for the 16 protected person for the next annual reporting period. 17 (004) The powers that the guardian requests to carry out 18 the care plan for the protected person for the next annual 19 reporting period. 20 (4) The guardian’s recommendation as to the need for 21 continuation of the guardianship. 22 (5) The ability of the guardian to continue as guardian. 23 (6) The need of the guardian for assistance in providing or 24 arranging for the provision of the care and protection of the 25 protected person. 26 (7) Any other information the guardian deems necessary for 27 the court to consider. 28 c. A final report within thirty days of the termination 29 of the guardianship under section 633.675 unless that time is 30 extended by the court. 31 2. The court shall develop a simplified uniform reporting 32 form for use in filing the required reports. 33 3. The clerk of the court shall notify the guardian in 34 writing of the reporting requirements and shall provide 35 -13- SF2321.3921 (1) 88 as/jh 13/ 34

information and assistance to the guardian in filing the 1 reports. 2 4. Reports of guardians shall be reviewed and approved by a 3 district court judge or referee. 4 5. The court, for good cause, may extend the deadline for 5 filing required reports. Required reports of a guardian which 6 are not timely filed and which are delinquent, and for which no 7 extension for filing has been granted by the court, shall be 8 administered as provided in section 633.32. 9 Sec. 33. Section 633.669, Code 2020, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 5. A copy of the verified initial care plan 12 and verified annual report shall be served, annually, on the 13 protected person, the protected person’s attorney, if any, and 14 court visitor, if any. 15 Sec. 34. Section 633.670, Code 2020, is amended to read as 16 follows: 17 633.670 Reports by conservators. 18 1. A conservator shall file an a verified initial financial 19 management plan for protecting, managing, investing, expending, 20 and distributing the assets of the conservatorship estate 21 within ninety days after appointment which shall not be waived 22 by the court . The plan must be based on the needs of the 23 protected person and take into account the best interest of the 24 protected person as well as the protected person’s preference, 25 values, and prior directions to the extent known to, or 26 reasonably ascertainable by, the conservator. 27 a. The initial plan shall include all of the following: The 28 initial financial management plan shall state the protected 29 person’s age, residence, living arrangements, and sources of 30 payment for living expenses. 31 (1) A budget containing projected expenses and resources, 32 including an estimate of the total amount of fees the 33 conservator anticipates charging per year and a statement or 34 list of the amount the conservator proposes to charge for each 35 -14- SF2321.3921 (1) 88 as/jh 14/ 34

service the conservator anticipates providing to the protected 1 person. 2 (2) A statement as to how the conservator will involve 3 the protected person in decisions about management of the 4 conservatorship estate. 5 (3) If ordered by the court, any step the conservator plans 6 to take to develop or restore the ability of the protected 7 person to manage the conservatorship estate. 8 (4) An estimate of the duration of the conservatorship. 9 b. If applicable, the protected person’s will shall be filed 10 with the court clerk and the protected person’s prepaid burial 11 trust and powers of attorney shall be described. 12 c. The conservator shall include a proposed budget for the 13 protected person and budget-related information for the next 14 annual reporting period including all of the following: 15 (1) The protected person’s receipts and income and the 16 projected source of income, if applicable, and the total 17 estimated receipts and income. 18 (2) The protected person’s liabilities and debts and the 19 total estimated liabilities and debts; a list and explanation 20 of any liability or debt owed by the protected person to the 21 conservator; a list and explanation of the liability of any 22 other person for a liability of the protected person. 23 (3) The protected person’s estimated expenses on a 24 monthly and annual basis including conservator fees and other 25 administrative expenses. 26 d. The conservator shall include a list of the protected 27 person’s assets and the conservator’s plan for management of 28 these assets. 29 e. The conservator shall include a statement as to how the 30 conservator will involve the protected person in decisions 31 about management of the conservatorship estate. 32 f. If ordered by the court, the conservator shall include 33 any action the conservator plans to take to develop or 34 restore the ability of the protected person to manage the 35 -15- SF2321.3921 (1) 88 as/jh 15/ 34

conservatorship estate. 1 g. The conservator shall include the authority that the 2 conservator requests to carry out the initial financial plan 3 including expenditures in accordance with the proposed budget 4 for the protected person and the plan for the management of the 5 assets of the protected person for the next annual reporting 6 period. 7 b. h. Within two days after filing the initial plan, the 8 The conservator shall give provide notice of the filing of 9 the initial plan with and a copy of the initial plan to the 10 protected person, the protected person’s attorney , if any, and 11 court advisor visitor , if any, and others as directed by the 12 court. The notice must state that any person entitled to a 13 copy of the plan must file any objections to the plan not later 14 than fifteen days after it is filed twenty days from the date 15 of mailing notice of filing the initial plan . 16 c. i. At least If no objections have been filed within 17 twenty days after the plan has been filed, the court shall 18 review and determine whether the plan should be approved or 19 revised, after considering objections filed and whether the 20 plan is consistent with the conservator’s powers and duties 21 mailing notice of filing the initial plan, the conservator 22 shall submit a proposed order to the court approving the 23 initial plan . Upon the court’s approval of the plan under 24 this subsection, the conservator shall provide a copy of the 25 approved plan and order approving the plan to the protected 26 person, the protected person’s attorney, if any, and court 27 visitor, if any, and others as directed by the court. 28 d. j. After approval by the court, the conservator shall 29 provide a copy of the approved plan and order approving the 30 plan to the protected person, the protected person’s attorney 31 and court advisor, if any, and others as directed by the court 32 If any objections to the proposed plan are filed within twenty 33 days after the conservator has mailed notice of filing the 34 plan, the court shall set the matter for hearing and provide 35 -16- SF2321.3921 (1) 88 as/jh 16/ 34

notice of the hearing date, time, and place to the same parties 1 who were sent copies of the initial plan . Following the 2 hearing on the conservator’s proposed plan, the conservator 3 shall provide a copy of the approved plan and order approving 4 the plan to the protected person, the protected person’s 5 attorney, if any, and court visitor, if any, and others as 6 directed by the court. 7 e. k. The conservator shall file an amended plan when 8 there has been a significant change in circumstances or the 9 conservator seeks to deviate significantly from the plan. 10 Before the amended plan is implemented, the provisions for 11 court approval of the plan shall be followed as provided in 12 paragraphs “b” , “c” , and “d” the initial financial management 13 plan . 14 2. A conservator shall file attach an inventory of the 15 protected person’s assets within ninety days after appointment 16 and debts to the initial financial management plan, which 17 includes an oath or affirmation that the inventory is believed 18 to be complete and accurate as far as information permits. 19 Copies of the inventory shall be provided to the protected 20 person, the protected person’s attorney , if any, and court 21 advisor visitor , if any, and others as directed by the 22 court. When the conservator receives additional property 23 of the protected person, or becomes aware of its existence, 24 a description of the property shall be included in the 25 conservator’s next annual report. 26 3. A conservator shall file a written and verified report on 27 an annual basis for the period since the end of the preceding 28 report period . The court which shall not waive these reports 29 be waived by the court . 30 a. These reports shall include all of the following: The 31 annual report shall state the age, the residence and the living 32 arrangements of the protected person, and sources of payment 33 for the protected person’s living expenses during the reporting 34 period. 35 -17- SF2321.3921 (1) 88 as/jh 17/ 34

(1) Balance of funds on hand at the beginning and end of the 1 period. 2 (2) Disbursements made. 3 (3) Changes in the conservator’s plan. 4 (4) List of assets as of the end of the period. 5 (5) Bond amount and surety’s name. 6 (6) Residence and physical location of the protected 7 person. 8 (7) General physical and mental condition of the protected 9 person. 10 (8) Other information reflecting the condition of the 11 conservatorship estate. 12 b. These reports shall be filed: The conservator shall 13 submit with the annual report an inventory of the assets of the 14 protected person as of the last day of the reporting period the 15 total value of assets at the beginning and end of the reporting 16 period. 17 (1) On an annual basis within sixty days of the end of the 18 reporting period unless the court orders an extension for good 19 cause shown in accordance with the rules of probate procedure. 20 c. The annual report shall include an itemization of all 21 income or funds received and all expenditures made by the 22 conservator on behalf of the protected person. If any of 23 the expenditures were made to provide support for or pay the 24 debts of another person, the annual report shall include an 25 explanation of these expenditures. If any of the expenditures 26 were made to pay any liability or debt owed by the protected 27 person to the conservator, the annual report shall include an 28 explanation of these expenditures. If any of the expenditures 29 were made to pay any liability or debt that is also owed by 30 another person or entity, the annual report shall include an 31 explanation of these expenditures. 32 d. The annual report shall include the following budget and 33 information related to the budget for the protected person: 34 (1) A description of changes, if any, made in the budget 35 -18- SF2321.3921 (1) 88 as/jh 18/ 34