Senate File 424 S-3145 Amend Senate File 424 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 48A.2, subsection 4, Code 2019, is 4 amended to read as follows: 5 4. “Person who is incompetent to vote” means a person with an 6 intellectual disability who has been found to lack the mental 7 capacity to vote in a proceeding held pursuant to section 8 633.556 633.552 . 9 Sec. 2. Section 229.27, subsection 3, unnumbered paragraph 10 1, Code 2019, is amended to read as follows: 11 A hearing limited to the question of the person’s competence 12 and conducted in substantially the manner prescribed in 13 sections 633.552 , to 633.556 , 633.558, and 633.560 shall be 14 held when: 15 Sec. 3. Section 235B.18, subsections 4 and 5, Code 2019, are 16 amended to read as follows: 17 4. If, at the hearing, the judge finds by clear and 18 convincing evidence that the dependent adult is in need of 19 protective services and lacks the capacity to consent to the 20 receipt of protective services, the judge may issue an order 21 authorizing the provision of protective services. The order 22 may include the designation of a person to be responsible for 23 performing or obtaining protective services on behalf of the 24 dependent adult or otherwise consenting to the receipt of 25 protective services on behalf of the dependent adult. Within 26 sixty days of the appointment of such a person the court 27 shall conduct a review to determine if a petition shall be 28 initiated in accordance with section 633.552 633.556 for good 29 cause shown. The court may extend the sixty-day period for 30 an additional sixty days, at the end of which the court shall 31 conduct a review to determine if a petition shall be initiated 32 in accordance with section 633.552 633.556 . A dependent adult 33 shall not be committed to a mental health facility under this 34 section . 35 -1- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 1/ 35 #1.

5. A determination by the court that a dependent adult lacks 1 the capacity to consent to the receipt of protective services 2 under this chapter shall not affect incompetency proceedings 3 under sections 633.552 , through 633.556 , 633.558, and 633.560 4 or any other proceedings, and incompetency proceedings under 5 sections 633.552 , through 633.556 , 633.558, and 633.560 shall 6 not have a conclusive effect on the question of capacity to 7 consent to the receipt of protective services under this 8 chapter . A person previously adjudicated as incompetent under 9 the relevant provisions of chapter 633 is entitled to the care, 10 protection, and services under this chapter . 11 Sec. 4. Section 235B.19, subsection 5, paragraph a, 12 unnumbered paragraph 1, Code 2019, is amended to read as 13 follows: 14 Notwithstanding sections 633.552 633.556 and 633.573 15 633.569 , upon a finding that there is probable cause to believe 16 that the dependent adult abuse presents an immediate danger to 17 the health or safety of the dependent adult or is producing 18 irreparable harm to the physical or financial resources or 19 property of the dependent adult, and that the dependent adult 20 lacks capacity to consent to the receipt of services, the court 21 may order the appointment of a temporary guardian or temporary 22 conservator without notice to the dependent adult or the 23 dependent adult’s attorney if all of the following conditions 24 are met: 25 Sec. 5. Section 622.10, subsection 3, paragraph f, Code 26 2019, is amended to read as follows: 27 f. The provisions of this subsection do not apply to actions 28 or claims brought pursuant to chapter 85 , 85A , or 85B , or to 29 court orders issued pursuant to section 633.552 . 30 Sec. 6. Section 633.3, Code 2019, is amended by adding the 31 following new subsections: 32 NEW SUBSECTION . 1A. Assistance animal —— means an animal 33 that qualifies as a reasonable accommodation under the federal 34 Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, or 35 -2- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 2/ 35

section 504 of the federal Rehabilitation Act of 1973, 29 1 U.S.C. §794, as amended. 2 NEW SUBSECTION . 1B. Assistive animal —— means the same as 3 defined in section 216C.11, subsection 1. 4 NEW SUBSECTION . 27A. Limited guardianship —— means a 5 guardianship that grants the guardian less than all powers 6 available under this chapter or otherwise restricts the powers 7 of the guardian. 8 NEW SUBSECTION . 32A. Protected person —— means a person 9 subject to guardianship or a person subject to conservatorship, 10 or both. 11 NEW SUBSECTION . 32B. Respondent —— means a person who 12 is alleged to be a person in need of a guardianship or 13 conservatorship, or both. 14 NEW SUBSECTION . 32C. Service animal —— means a dog or 15 miniature horse as set forth in the implementing regulations 16 of Title II and Title III of the federal Americans with 17 Disabilities Act of 1990, 42 U.S.C. §12101 et seq. 18 Sec. 7. Section 633.174, Code 2019, is amended to read as 19 follows: 20 633.174 Guardians and conservators —— bond. 21 1. When the guardian appointed for a person is not the 22 conservator of the property of that person, no bond shall be 23 required of the guardian, unless the court for good cause finds 24 it proper to require one. If no bond is initially required, 25 the court may, nevertheless, for good cause, at any subsequent 26 time, require that a bond be given. 27 2. Every conservator shall execute and file with the clerk 28 a bond with sufficient surety or sureties except as provided 29 in section 633.175. 30 Sec. 8. Section 633.175, Code 2019, is amended to read as 31 follows: 32 633.175 Waiver of bond by court. 33 1. The court, for good cause shown, may exempt any fiduciary 34 from giving bond, if the court finds that the interests of 35 -3- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 3/ 35

creditors and distributees will not thereby be prejudiced. 1 2. However, the court, except as provided in section 2 633.172, subsection 2 , shall not exempt a conservator , other 3 than a financial institution with Iowa trust powers, from 4 giving bond in a conservatorship with total assets of more than 5 twenty-five thousand dollars, excluding real property, unless 6 it is a voluntary conservatorship in which the petitioner is 7 eighteen years of age or older and has waived bond in the 8 petition unless the court finds that there is an alternative to 9 a bond that will provide sufficient protection to the assets 10 of the protected person . The conservator shall submit a plan 11 for any proposed alternative to a bond for review and approval 12 by the court. 13 Sec. 9. Section 633.551, Code 2019, is amended to read as 14 follows: 15 633.551 Guardianships and conservatorships —— general General 16 provisions. 17 1. The determination of incompetency of the proposed ward or 18 ward and the determination of the need for the appointment of a 19 guardian or conservator or of the modification or termination 20 of a guardianship or conservatorship adult respondent to a 21 petition for guardianship or conservatorship or an adult 22 subject to guardianship or conservatorship shall be supported 23 by clear and convincing evidence. 24 2. The burden of persuasion is on the petitioner in an 25 initial proceeding to appoint a guardian or conservator. 26 In a proceeding to modify or terminate a guardianship or 27 conservatorship, if the guardian or conservator is the 28 petitioner, the burden of persuasion remains with the guardian 29 or conservator. In a proceeding to terminate a guardianship 30 or conservatorship, if the ward protected person is the 31 petitioner, the ward protected person shall make a prima facie 32 showing of some decision-making capacity. Once a prima facie 33 showing is made, the burden of persuasion is on the guardian or 34 conservator to show by clear and convincing evidence that the 35 -4- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 4/ 35

ward protected person is incompetent. 1 3. In determining whether a guardianship or conservatorship 2 is to be established, modified, or terminated, the 3 district court shall consider if a limited guardianship or 4 conservatorship pursuant to section 633.635 or 633.637 is 5 appropriate. In making the determination, the court shall 6 make findings of fact to support the powers conferred on the 7 guardian or conservator. 8 4. In proceedings to establish, modify, or terminate a 9 guardianship or conservatorship, in determining if the proposed 10 ward or ward respondent or protected person is incompetent as 11 defined in section 633.3 , the court shall consider credible 12 evidence from any source to the effect of third-party 13 assistance in meeting the needs of the proposed ward or ward 14 as to whether there are other less restrictive alternatives, 15 including third-party assistance, that would meet the needs of 16 the respondent or the protected person . However, neither party 17 to the action shall have the burden to produce such evidence 18 relating to other less restrictive alternatives, including but 19 not limited to third-party assistance. 20 5. Except as otherwise provided in sections 633.672 21 and 633.673 , in proceedings to establish a guardianship or 22 conservatorship, the costs, including attorney fees , court 23 visitor fees, and expert witness fees, shall be assessed 24 against the ward or the ward’s respondent or the respondent’s 25 estate unless the proceeding is dismissed either voluntarily 26 or involuntarily, in which case fees and costs may be assessed 27 against the petitioner for good cause shown. 28 6. Except as otherwise provided in this subchapter, the 29 rules of civil procedure shall govern proceedings to establish, 30 modify, or terminate a guardianship or conservatorship. 31 Sec. 10. NEW SECTION . 633.552 Basis for appointment of 32 guardian for an adult. 33 1. On petition and after notice and hearing, the court may 34 appoint a guardian for an adult if the court finds by clear and 35 -5- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 5/ 35

convincing evidence that all of the following are true: 1 a. The decision-making capacity of the respondent is 2 so impaired that the respondent is unable to care for the 3 respondent’s safety, or to provide for necessities such as 4 food, shelter, clothing, or medical care without which physical 5 injury or illness may occur. 6 b. The appointment of a guardian is in the best interest of 7 the respondent. 8 2. Section 633.551 applies to the appointment of a guardian 9 under subsection 1. 10 3. If the court appoints a guardian based upon the mental 11 incapacity of the protected person because the protected 12 person has an intellectual disability, as defined in section 13 4.1, the court shall make a separate determination as to the 14 protected person’s competency to vote. The court shall find 15 a protected person incompetent to vote only upon determining 16 that the person lacks sufficient mental capacity to comprehend 17 and exercise the right to vote. 18 Sec. 11. NEW SECTION . 633.553 Basis for appointment of 19 conservator for an adult. 20 1. On petition and after notice and hearing, the court may 21 appoint a conservator for an adult if the court finds by clear 22 and convincing evidence that both of the following are true: 23 a. The decision-making capacity of the respondent is so 24 impaired that the respondent is unable to make, communicate, 25 or carry out important decisions concerning the respondent’s 26 financial affairs. 27 b. The appointment of a conservator is in the best interest 28 of the respondent. 29 2. Section 633.551 applies to the appointment of a 30 conservatorship under subsection 1. 31 Sec. 12. NEW SECTION . 633.554 Basis for appointment of 32 conservator for a minor. 33 On petition and after notice, the court may appoint a 34 conservator for a minor if the court finds by a preponderance 35 -6- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 6/ 35

of the evidence that the appointment is in the best interest of 1 the minor and any of the following is true: 2 1. The minor has funds or other property requiring 3 management or protection that otherwise cannot be provided. 4 2. The minor has or may have financial affairs that may be 5 put at unreasonable risk or hindered because of the minor’s 6 age. 7 3. A conservator is needed to obtain or provide funds or 8 other property. 9 Sec. 13. NEW SECTION . 633.556 Petition for appointment of 10 guardian or conservator for an adult. 11 1. A formal judicial proceeding to determine whether 12 to appoint a guardian or conservator for an adult shall be 13 initiated by the filing of a verified petition by a person with 14 an interest in the welfare of the adult, which may include the 15 adult who is the subject of the petition. 16 2. The petition shall contain a concise statement of the 17 factual basis for the petition. 18 3. The petition shall contain a concise statement of why 19 there is no less restrictive alternative to the appointment of 20 a guardian or a conservator. 21 4. The petition shall list the name and address of the 22 petitioner and the petitioner’s relationship to the respondent. 23 5. The petition shall list the name and address, to the 24 extent known, of the following: 25 a. The name and address of the proposed guardian and the 26 reason the proposed guardian should be selected. 27 b. Any spouse of the respondent. 28 c. Any adult children of the respondent. 29 d. Any parents of the respondent. 30 e. Any adult, who has had the primary care of the respondent 31 or with whom the respondent has lived for at least six months 32 prior to the filing of the petition, or any institution or 33 facility where the respondent has resided for at least six 34 months prior to the filing of the petition. 35 -7- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 7/ 35

f. Any legal representative or representative payee of the 1 respondent. 2 g. Any person designated as an attorney in fact in a durable 3 power of attorney for health care which is valid under chapter 4 144B, or any person designated as an agent in a durable power 5 of attorney which is valid under chapter 633B. 6 6. Any additional persons who may have an interest in 7 the proceeding may be listed in an affidavit attached to the 8 petition. 9 7. If the petition requests the appointment of a 10 conservator, the petition shall state the estimated present 11 value of the real estate owned or to be owned by the 12 respondent, the estimated value of the personal property owned 13 or to be owned by the respondent, and the estimated gross 14 annual income of the respondent. 15 8. The petition shall provide a brief description of 16 the respondent’s alleged functional limitations that make 17 the respondent unable to communicate or carry out important 18 decisions concerning the respondent’s financial affairs. 19 9. Any additional information relevant to the proceeding 20 may be included in an affidavit attached to the petition. 21 Sec. 14. NEW SECTION . 633.557 Petition for appointment of a 22 conservator for a minor. 23 1. A formal judicial proceeding to determine whether to 24 appoint a conservator for a minor shall be initiated by the 25 filing of a verified petition by a person with an interest in 26 the welfare of the minor. 27 2. The petition shall contain a concise statement of the 28 factual basis for the petition. 29 3. The petition shall state the following to the extent 30 known: 31 a. The name, age, and address of the minor. 32 b. The name and address of the petitioner and the 33 petitioner’s relationship to the minor. 34 c. The name and address of the proposed conservator and the 35 -8- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 8/ 35

reason the proposed conservator should be selected. 1 d. If the petitioner, or the proposed conservator, is not 2 the parent or parents having legal custody of the minor, the 3 name and address, to the extent known, of the following: 4 (1) The parent or parents having legal custody of the minor. 5 (2) Any adult who has had the primary care of the minor or 6 with whom the minor has lived for at least six months prior 7 to the filing of the petition, or any institution or facility 8 where the minor has resided for at least six months prior to 9 the filing of the petition. 10 Sec. 15. NEW SECTION . 633.558 Notice to adult respondent. 11 1. The filing of a petition filed pursuant to section 12 633.556 shall be served upon the adult respondent in the 13 manner of an original notice in accordance with the Iowa rules 14 of civil procedure governing such notice. Notice to the 15 attorney representing the respondent, if any, is notice to the 16 respondent. 17 2. Notice shall be served upon other known persons listed in 18 the petition in the manner prescribed by the court, which may 19 be notice by mail in accordance with the Iowa rules of civil 20 procedure. Failure of such persons to receive actual notice 21 does not constitute a jurisdictional defect precluding the 22 appointment of a guardian or conservator by the court. 23 3. Notice of the filing of a petition given to persons under 24 subsections 2 and 3 shall include a statement that such persons 25 may register to receive notice of the hearing on the petition 26 and other proceedings and the manner of such registration. 27 Sec. 16. NEW SECTION . 633.559 Notice to minor respondent. 28 1. The filing of a petition pursuant to section 633.557 29 shall be served upon a minor respondent in the manner of an 30 original notice in accordance with the Iowa rules of civil 31 procedure governing such notice. Notice to the attorney 32 representing the minor, if any, is notice to the minor. 33 2. Notice shall also be served upon the known parent or 34 parents listed in the petition in accordance with the Iowa 35 -9- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 9/ 35

rules of civil procedure. 1 3. Notice shall be served upon other known persons listed in 2 the petition in the manner prescribed by the court, which may 3 be notice by mail in accordance with the Iowa rules of civil 4 procedure. Failure of such persons to receive actual notice 5 does not constitute a jurisdictional defect precluding the 6 appointment of a conservator by the court. 7 4. Notice of the filing of a petition given to persons 8 under subsections 2 and 3 shall include a statement that the 9 recipient of the notice may register to receive notice of the 10 hearing on the petition and other proceedings and the manner of 11 such registration. 12 Sec. 17. NEW SECTION . 633.560 Hearing. 13 1. The court shall fix the time and place of hearing on a 14 petition and shall prescribe a time not less than twenty days 15 after the date the notice is served unless the court finds 16 there is good cause shown to shorten the time period to less 17 than twenty days pursuant to section 633.40. The court shall 18 also prescribe the manner of service of the notice of such 19 hearing pursuant to section 633.40. 20 2. The respondent shall be entitled to attend the hearing on 21 the petition and all other proceedings. The court shall make 22 reasonable accommodations to enable the respondent to attend 23 the hearing and all other proceedings. The court may waive the 24 respondent’s attendance for good cause shown. The court shall 25 make a record of the reason for a respondent’s nonattendance. 26 3. The court shall require the proposed guardian or 27 conservator to attend the hearing on the petition but the court 28 may excuse the proposed guardian’s attendance for good cause 29 shown. 30 4. The court shall require the court visitor as described in 31 section 633.562, if any, to attend the hearing but the court 32 may excuse the court visitor’s attendance for good cause shown. 33 5. Any person with an interest in the welfare of the 34 respondent may submit a written application to the court 35 -10- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 10/ 35

requesting permission to participate in the hearing on the 1 petition and other proceedings. The court may grant the 2 request if the court finds that the person’s participation is 3 in the best interest of the respondent. The court may impose 4 appropriate conditions on the person’s participation. 5 6. A complete record of the hearing shall be made. 6 Sec. 18. Section 633.560, Code 2019, is amended to read as 7 follows: 8 633.560 Appointment of guardian for an adult on a standby 9 basis. 10 A petition for the appointment of a guardian for an adult 11 on a standby basis may be filed by any person under the same 12 procedure and requirements as provided in sections 633.591 13 to 633.597 , for appointment of standby conservator, insofar 14 as applicable. In all proceedings to appoint a guardian, 15 the court shall consider whether a limited guardianship, as 16 authorized in section 633.635 , is appropriate. 17 Sec. 19. NEW SECTION . 633.560A Mediation. 18 1. The district court may, on its own motion or on the 19 motion of any party, order the parties to participate in 20 mediation in any guardianship or conservatorship action. 21 Mediation performed under this section shall comply with the 22 provisions of chapter 679C. The court shall, upon application 23 of a party, grant a waiver from any court-ordered mediation 24 under this section if the party demonstrates that a history 25 of domestic abuse exists similarly as considered in section 26 598.41, subsection 3, paragraph “j” . The court may, upon 27 application of a party, grant a waiver from any court-ordered 28 mediation if the action involves elder abuse pursuant to 29 chapter 235F. 30 2. Mediation shall comply with all of the following 31 standards: 32 a. The parties will participate in good faith. 33 Participation in mediation shall include attendance at 34 a mediation session with the mediator and the parties to 35 -11- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 11/ 35

the action, listening to the mediator’s explanation of the 1 mediation process, presentation of one party’s view of the 2 case, and listening to the response of the other party. 3 Participation in mediation does not require that the parties 4 reach an agreement. 5 b. Unless the parties agree upon a mediator, the court shall 6 appoint a mediator. Any mediator appointed by the court shall 7 meet the qualifications established in this section. 8 c. Parties to the mediation shall have the right to 9 representation by an attorney at all times. 10 d. The parties to the mediation shall present any agreement 11 reached through the mediation to their attorneys, if any. 12 A mediation agreement reached by the parties shall not be 13 enforceable until approved by the court. 14 e. The costs of mediation shall be borne by the parties, as 15 agreed to by the parties, or as ordered by the court, and may 16 be taxed as court costs. 17 3. A mediator appointed by the court acting pursuant to this 18 section shall have the following qualifications: 19 a. Completed a one-hour internet seminar or live session 20 regarding the external resources available to a respondent with 21 particular focus on resources for older persons. 22 b. A minimum of twenty-five hours of general mediation 23 training. 24 c. Either of the following: 25 (1) Fifteen hours of probate-specific or elder-specific 26 mediation training. 27 (2) Ten continuous years of practice in Iowa as a licensed 28 attorney with the greater of four hundred hours or forty 29 percent of the total hours of law practice per year being 30 devoted to matters concerning wills, trusts, and estate work 31 for each of the ten continuous years. 32 Sec. 20. Section 633.561, Code 2019, is amended to read as 33 follows: 34 633.561 Representation Appointment and role of attorney for 35 -12- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 12/ 35

respondent . 1 1. In a proceeding for the appointment of a guardian or 2 conservator for an adult or a conservator for a minor : 3 a. If the proposed ward respondent is an adult and is 4 not the petitioner, the proposed ward respondent is entitled 5 to representation by an attorney . Upon the filing of the 6 petition, the court shall appoint an attorney to represent the 7 proposed ward respondent , set a hearing on the petition, and 8 provide for notice of the appointment of counsel and the date 9 for hearing. 10 b. If the proposed ward respondent is either a minor or 11 an adult under a standby petition, the court shall determine 12 whether, under the circumstances of the case, the proposed ward 13 respondent is entitled to representation. The determination 14 regarding representation may be made with or without notice to 15 the proposed ward respondent , as the court deems necessary. 16 If the court determines that the proposed ward respondent 17 is entitled to representation, the court shall appoint an 18 attorney to represent the proposed ward respondent . After 19 making the determination regarding representation, the court 20 shall set a hearing on the petition, and provide for notice on 21 the determination regarding representation and the date for 22 hearing. 23 c. The court may take action under paragraph “a” or “b” 24 prior to the service of the original notice upon the proposed 25 ward respondent . 26 d. The court may reconsider the determination regarding 27 representation upon application by any interested person. 28 e. The court may discharge the attorney appointed by the 29 court if it appears upon the application of the proposed 30 ward respondent or any other interested person that the ward 31 respondent has privately retained an attorney who has filed an 32 appearance on behalf of the proposed ward respondent . 33 2. The court shall ensure that all proposed wards 34 respondents entitled to representation have been provided 35 -13- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 13/ 35

with notice of the right to representation and right to be 1 personally present at all proceedings and shall make findings 2 of fact in any order of disposition setting out the manner in 3 which notification was provided. 4 3. If the proposed ward respondent is entitled to 5 representation and is indigent or incapable of requesting 6 counsel, the court shall appoint an attorney to represent the 7 proposed ward respondent . The cost of court appointed counsel 8 for indigents shall be assessed against the county in which the 9 proceedings are pending. For the purposes of this subsection , 10 the court shall find a person is indigent if the person’s 11 income and resources do not exceed one hundred fifty percent of 12 the federal poverty level or the person would be unable to pay 13 such costs without prejudicing the person’s financial ability 14 to provide economic necessities for the person or the person’s 15 dependents. 16 4. An attorney appointed pursuant to this section shall: 17 a. Ensure that the proposed ward respondent has been 18 properly advised of the nature and purpose of the proceeding. 19 b. Advocate for the wishes of the respondent to the extent 20 those wishes are reasonably ascertainable. If the respondent’s 21 wishes are not reasonably ascertainable, the attorney shall 22 advocate for the least restrictive alternative consistent with 23 the respondent’s best interests. 24 b. c. Ensure that the proposed ward respondent has been 25 properly advised of the ward’s respondent’s rights in a 26 guardianship proceeding. 27 c. d. Personally interview the proposed ward respondent . 28 d. e. File a written report stating whether there is a 29 return on file showing that proper service on the proposed 30 ward respondent has been made and also stating that specific 31 compliance with paragraphs “a” through “c” “d” has been made 32 or stating the inability to comply by reason of the proposed 33 ward’s respondent’s condition. 34 e. Represent the proposed ward. 35 -14- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 14/ 35

f. Ensure that the guardianship procedures conform to the 1 statutory and due process requirements of Iowa law. 2 5. In the event that an order of appointment is entered, 3 the attorney appointed pursuant to this section , to the extent 4 possible, shall: 5 a. Inform the proposed ward respondent of the effects of the 6 order entered for appointment of guardian. 7 b. Advise the ward respondent of the ward’s respondent’s 8 rights to petition for modification or termination of the 9 guardianship. 10 c. Advise the ward respondent of the rights retained by the 11 ward respondent . 12 6. If the court determines that it would be in the ward’s 13 respondent’s best interest to have legal representation 14 with respect to any proceedings in a guardianship or 15 conservatorship , the court may appoint an attorney to represent 16 the ward respondent at the expense of the ward respondent or 17 the ward’s respondent’s estate, or if the ward respondent 18 is indigent the cost of the court appointed attorney shall 19 be assessed against the county in which the proceedings are 20 pending. 21 7. If the court determines upon application that it 22 is appropriate or necessary, the court may order that the 23 attorney appointed pursuant to this section be given copies 24 of and access to the proposed ward’s respondent’s health 25 information by describing with reasonable specificity the 26 health information to be disclosed or accessed, for the purpose 27 of fulfilling the attorney’s responsibilities pursuant to this 28 section . 29 Sec. 21. NEW SECTION . 633.562 Appointment and role of court 30 visitor. 31 1. If the court determines that the appointment of a court 32 visitor would be in the best interest of the respondent, the 33 court shall appoint a court visitor at the expense of the 34 respondent or the respondent’s estate, or, if the respondent 35 -15- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 15/ 35

is indigent, the cost of the court visitor shall be assessed 1 against the county in which the proceedings are pending. The 2 court may appoint any qualified person as a court visitor in a 3 guardianship or conservatorship proceeding. 4 2. The same person shall not serve both as the attorney 5 representing the respondent and as court visitor. 6 3. Unless otherwise enlarged or circumscribed by the court, 7 the duties of a court visitor with respect to the respondent 8 shall include all of the following: 9 a. Conducting an initial in-person interview with the 10 respondent. 11 b. Explaining to the respondent the substance of the 12 petition, the purpose and effect of the guardianship or 13 conservatorship proceeding, the rights of the respondent at 14 the hearing, and the general powers and duties of a guardian 15 or conservator. 16 c. Determining the views of the respondent regarding the 17 proposed guardian or conservator, the proposed guardian’s or 18 conservator’s powers and duties, and the scope and duration of 19 the proposed guardianship or conservatorship. 20 4. In addition, if directed by the court, the court visitor 21 shall: 22 a. Interview the petitioner, and if the petitioner is not 23 the proposed guardian or conservator, interview the proposed 24 guardian or conservator. 25 b. Visit, to the extent feasible, the residence where it 26 is reasonably believed that the respondent will live if the 27 appointment of a guardian or conservator is made. 28 c. Make any other investigation the court directs including 29 but not limited to interviewing any persons providing medical, 30 mental health, educational, social, and other services to the 31 respondent. 32 5. The court visitor shall submit a written report to the 33 court that shall contain all of the following: 34 a. A recommendation regarding the appropriateness of a 35 -16- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 16/ 35

limited guardianship for the respondent, including whether less 1 restrictive alternatives are available. 2 b. A statement of the qualifications of the guardian 3 together with a statement of whether the respondent has 4 expressed agreement with the appointment of the proposed 5 guardian or conservator. 6 c. Any other matters the court visitor deems relevant to 7 the petition for guardianship or conservatorship and the best 8 interests of the respondent. 9 d. Any other matters the court directs. 10 6. The report of the court visitor shall be made part of the 11 court record unless otherwise ordered by the court. 12 Sec. 22. NEW SECTION . 633.563 Court-ordered professional 13 evaluation. 14 1. At or before a hearing on petition for the appointment of 15 a guardian or conservator or the modification or termination 16 of a guardianship or conservatorship, the court shall order a 17 professional evaluation of the respondent unless one of the 18 following criteria are met: 19 a. The court finds it has sufficient information to 20 determine whether the criteria for a guardianship or 21 conservatorship are met. 22 b. The petitioner or respondent has filed a professional 23 evaluation. 24 2. Notwithstanding subsection 1, if the respondent has 25 filed a professional evaluation and the court determines an 26 additional professional evaluation will assist the court in 27 understanding the decision-making capacity and functional 28 abilities and limitations of the respondent, the court may 29 order a professional evaluation of the respondent. 30 3. If the court orders an evaluation, the evaluation shall 31 be conducted by a licensed physician, psychologist, social 32 worker, or other individual who is qualified to conduct an 33 evaluation appropriate for the respondent being assessed. 34 4. Unless otherwise directed by the court, the report must 35 -17- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 17/ 35

contain all of the following: 1 a. A description of the nature, type, and extent of the 2 respondent’s cognitive and functional abilities and limitation. 3 b. An evaluation of the respondent’s mental and physical 4 condition and, if appropriate, educational potential, adaptive 5 behavior, and social skills. 6 c. A prognosis for improvement and recommendation for the 7 appropriate treatment, support, or habilitation plan. 8 d. The evaluator’s qualifications to evaluate the 9 respondent’s cognitive and functional abilities limitations and 10 lack of conflict of interest. 11 e. The date of examination on which the report is based. 12 5. The cost of the professional evaluation shall be paid by 13 the respondent unless the respondent is indigent as defined in 14 section 633.561, subsection 3, in which case the costs shall 15 be paid by the county in which the proceedings are pending or 16 unless the court orders otherwise. 17 6. At the request of the respondent, the court shall seal 18 the record of the results of the evaluation ordered by the 19 court subject to the exceptions in subsection 7. 20 7. The results of the evaluation ordered by the court shall 21 be made available to the court and the following: 22 a. The respondent and the respondent’s attorney. 23 b. The petitioner and the petitioner’s attorney. 24 c. A court visitor as described in section 633.562. 25 d. Other persons for good cause shown for such purposes as 26 the court may order. 27 Sec. 23. NEW SECTION . 633.564 Background check of proposed 28 guardian or conservator. 29 1. The court shall request criminal record checks and 30 checks of the child abuse, dependent adult abuse, and sexual 31 offender registries in this state for all proposed guardians 32 and conservators, other than financial institutions with Iowa 33 trust powers. 34 2. The court shall review the results of background checks 35 -18- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 18/ 35

in determining the suitability of a proposed guardian or 1 conservator for appointment. 2 3. The judicial branch, in conjunction with the department 3 of public safety, the department of human services, and the 4 state chief information officer, shall establish procedures for 5 electronic access to the single contact repository established 6 pursuant to section 135C.33 necessary to conduct background 7 checks requested under subsection 1. 8 4. The person who files a petition for appointment of 9 guardian or conservator shall be responsible for paying the fee 10 for the background check conducted through the single contact 11 repository established pursuant to section 135C.33. 12 Sec. 24. NEW SECTION . 633.565 Qualifications and selection 13 of guardian or conservator for an adult. 14 The court shall appoint as guardian or conservator any 15 qualified and suitable person who is willing to serve as 16 guardian or conservator. 17 Sec. 25. NEW SECTION . 633.567 Appointment of guardian or 18 conservator for minor approaching majority on a standby basis. 19 Any adult with an interest in the welfare of a minor who 20 is at least seventeen years and six months of age may file 21 a verified petition pursuant to section 633.552 or section 22 633.553 to initiate a proceeding to appoint a guardian or 23 conservator for the minor to take effect on the minor’s 24 eighteenth birthday. 25 Sec. 26. NEW SECTION . 633.569 Emergency appointment of 26 temporary guardian or conservator. 27 1. A person authorized to file a petition under section 28 633.552, 633.553, or 633.554 may file an application for the 29 emergency appointment of a temporary 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 proposed guardian or 33 conservator and the reason the proposed guardian or conservator 34 should be selected. 35 -19- SF424.1668 (1) 88 (amending this SF 424 to CONFORM to HF 610) asf/jh 19/ 35