Senate File 2321 S-5082 Amend Senate File 2321 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 ADULT AND MINOR GUARDIANSHIPS AND CONSERVATORSHIPS > 4 2. Page 1, after line 26 by inserting: 5 < Sec. ___. Section 232D.305, subsection 1, Code 2020, is 6 amended to read as follows: 7 1. The court may appoint any qualified person as a court 8 visitor for the minor who has demonstrated sufficient knowledge 9 to appropriately perform the duties that the court directs . 10 Sec. ___. Section 232D.305, Code 2020, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 6. A court visitor shall be discharged 13 from all further duties upon the appointment of a guardian or 14 conservator, unless further ordered by the court. The court 15 may order a court visitor to continue to serve if the court 16 determines continued service would be in the best interest of 17 the protected person. If the court continues the service of 18 the court visitor, the court may limit the direct duties of the 19 court visitor as the court deems necessary. The court visitor 20 shall thereafter continue to serve until discharged by the 21 court. 22 Sec. ___. Section 232D.306, Code 2020, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 4. A hearing on the petition may be 25 recorded if a court reporter is not used. 26 Sec. ___. Section 232.309, Code 2020, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 8. The court may order an extension of 29 the temporary guardianship for thirty days for good cause 30 shown, including a showing that a hearing on a petition for a 31 guardianship under section 232D.301 cannot be scheduled within 32 thirty days after the order for a temporary guardianship is 33 ordered. Prior to or contemporaneously with the filing for an 34 application for the extension of time, the guardian shall file 35 -1- SF2321.3705 (3) 88 as/jh 1/ 22 #1. #2.

a report with the court setting forth all of the following: 1 a. All actions conducted by the guardian on behalf of the 2 protected person from the time of the initial appointment of 3 the guardian up to the time of the report. 4 b. All actions that the guardian plans to conduct on behalf 5 of the protected person during the thirty day extension period. 6 Sec. ___. Section 232D.401, subsection 1, Code 2020, is 7 amended to read as follows: 8 1. The order by the court appointing a guardian for a minor 9 shall state the basis for the order and the date on which the 10 first reporting period for the guardianship shall end . > 11 3. Page 2, after line 3 by inserting: 12 < Sec. ___. Section 232D.501, subsection 1, paragraph b, 13 Code 2020, is amended by adding the following new subparagraph: 14 NEW SUBPARAGRAPH . (11) The results of the guardian’s 15 efforts to apply for funds or benefits on behalf of the 16 protected person. 17 Sec. ___. Section 232D.501, Code 2020, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 5. The failure of a guardian to timely 20 make a report required under subsection 1 shall be reported by 21 the clerk of the court to the court for an order to enforce 22 compliance with the filing requirements. 23 Sec. ___. NEW SECTION . 232D.506 Confidentiality. 24 1. Official juvenile court records in guardianship 25 proceedings shall be confidential and are not public records. 26 2. Confidential records may be inspected and their contents 27 shall be disclosed to the following without a court order, 28 provided that a person or entity who inspects or receives a 29 confidential record under this subsection shall not disclose 30 the confidential record or its contents unless required by law: 31 a. The judge and professional court staff. 32 b. The protected person and the protected person’s attorney. 33 c. The protected person’s parent, guardian, custodian, court 34 visitor, and any attorney representing such person. 35 -2- SF2321.3705 (3) 88 as/jh 2/ 22 #3.

3. Confidential records may be inspected and their contents 1 shall be disclosed to the following with a court order, 2 provided that a person or entity who inspects or receives a 3 confidential record under this subsection shall not disclose 4 the confidential record or its contents unless required by law: 5 a. A person or entity conducting bona fide research on minor 6 guardianships. 7 b. A person or entity for good cause shown. > 8 4. Page 3, after line 9 by inserting: 9 < Sec. ___. Section 633.560, subsection 3, Code 2020, is 10 amended to read as follows: 11 3. The court shall require the proposed guardian or 12 conservator to attend the hearing on the petition but the court 13 may excuse the proposed guardian’s or conservator’s attendance 14 for good cause shown. > 15 5. Page 3, after line 24 by inserting: 16 < Sec. ___. Section 633.561, subsection 6, Code 2020, is 17 amended to read as follows: 18 6. If the court determines that it would be in the 19 respondent’s best interest to have legal representation 20 with respect to any further proceedings in a guardianship 21 or conservatorship, the court may appoint an attorney to 22 represent the respondent at the expense of the respondent or 23 the respondent’s estate, or if the respondent is indigent the 24 cost of the court appointed attorney shall be assessed against 25 the county in which the proceedings are pending. 26 Sec. ___. Section 633.562, subsection 1, Code 2020, is 27 amended to read as follows: 28 1. If the court determines that the appointment of a court 29 visitor would be in the best interest of the respondent, the 30 court shall appoint a court visitor at the expense of the 31 respondent or the respondent’s estate, or, if the respondent 32 is indigent, the cost of the court visitor shall be assessed 33 against the county in which the proceedings are pending. The 34 court may appoint any qualified person as a court visitor , 35 -3- SF2321.3705 (3) 88 as/jh 3/ 22 #4. #5.

who has demonstrated sufficient knowledge to appropriately 1 perform the duties that the court directs, in a guardianship or 2 conservatorship proceeding. > 3 6. Page 4, after line 15 by inserting: 4 < Sec. ___. Section 633.564, subsection 1, Code 2020, is 5 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 under this section 12 within the twelve months prior to the filing of a petition . > 13 7. Page 4, after line 27 by inserting: 14 d. The names and addresses, to the extent known, of any 15 other person who must be named in the petition for appointment 16 of a guardian or conservator under section 633.556 or 633.557. 17 8. Page 4, line 28, by striking < d. > and inserting < e. > 18 9. Page 5, after line 7 by inserting: 19 < Sec. ___. 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 -4- SF2321.3705 (3) 88 as/jh 4/ 22 #6. #7. #8. #9.

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 10. Page 5, after line 23 by inserting: 5 < Sec. ___. Section 633.635, subsection 1, Code 2020, is 6 amended to read as follows: 7 1. The order by the court appointing a guardian shall state 8 the basis for the guardianship pursuant to section 633.552 9 and the date on which the first reporting period for the 10 guardianship shall end . > 11 11. Page 5, after line 34 by inserting: 12 < Sec. ___. Section 633.641, subsection 3, Code 2020, is 13 amended to read as follows: 14 3. If a protected person has executed a valid power of 15 attorney under chapter 633B , the conservator shall act in 16 accordance with the applicable provisions of chapter 633B 17 If the court appoints a conservator for a protected person 18 who has previously executed a valid power of attorney under 19 chapter 633B, the power of attorney is suspended unless the 20 power of attorney provides otherwise or the court appointing 21 the conservator orders that the power of attorney should 22 continue. If the power of attorney continues, the agent is 23 accountable to the conservator as well as to the principal. 24 The power of attorney shall be reinstated upon termination of 25 the conservatorship as a result of the principal regaining 26 capacity . > 27 12. By striking page 6, line 12, through page 8, line 21, 28 and inserting: 29 < Sec. ___. Section 633.669, Code 2020, is amended to read 30 as 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 -5- SF2321.3705 (3) 88 as/jh 5/ 22 #10. #11. #12.

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 -6- SF2321.3705 (3) 88 as/jh 6/ 22

(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 -7- SF2321.3705 (3) 88 as/jh 7/ 22

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 13. Page 10, line 31, by striking < guardian > and inserting 17 < conservator > 18 14. Page 11, by striking lines 1 through 8 and inserting: 19 < b. h. Within two days after filing the initial plan, 20 the The conservator shall give provide notice of the filing 21 of the initial plan with a copy of the plan to the protected 22 person, the protected person’s attorney , if any, and court 23 advisor visitor , if any, and others as directed by the court. 24 The notice must state that any person entitled to a copy of 25 the plan must file any objections to the plan not later than 26 fifteen days after it is filed twenty days from the date of 27 mailing notice of filing the initial plan . > 28 15. Page 14, line 18, after < if any, > by inserting < the 29 court visitor, if any, > 30 16. Page 14, by striking lines 22 through 29 and inserting: 31 < 2. The court shall terminate a guardianship if it the 32 court finds by clear and convincing evidence that the basis 33 for appointing a guardian pursuant to section 633.552 is not 34 satisfied. 35 -8- SF2321.3705 (3) 88 as/jh 8/ 22 #13. #14. #15. #16.

3. The court shall terminate a conservatorship if the court 1 finds by clear and convincing evidence that the basis for 2 appointing a conservator pursuant to section 633.553 or 633.554 3 is not satisfied. > 4 17. Page 16, line 12, before < Act > by inserting < division 5 of this > 6 18. Page 16, line 16, before < Act > by inserting < division 7 of this > 8 19. Page 16, after line 17 by inserting: 9 < DIVISION ___ 10 CONFORMING CHANGES 11 Sec. ___. Section 633.3, subsections 9, 17, 22, and 23, Code 12 2020, are amended to read as follows: 13 9. Conservator —— a person appointed by the court to have 14 the custody and control of the property of a ward protected 15 person under the provisions of this probate code. 16 17. Estate —— the real and personal property of either a 17 decedent or a ward protected person , and may also refer to the 18 real and personal property of a trust described in section 19 633.10 . 20 22. Guardian —— the person appointed by the court to have 21 the custody of the person of the ward protected person under 22 the provisions of this probate code. 23 23. Guardian of the property —— at the election of the 24 person appointed by the court to have the custody and care of 25 the property of a ward protected person , the term “guardian of 26 the property” may be used, which term shall be synonymous with 27 the term “conservator” . 28 Sec. ___. Section 633.78, subsection 1, unnumbered 29 paragraph 1, Code 2020, is amended to read as follows: 30 A fiduciary under this chapter may present a written request 31 to any person for the purpose of obtaining property owned by 32 a decedent or by a ward protected person of a conservatorship 33 for which the fiduciary has been appointed, or property to 34 which a decedent or ward protected person is entitled, or 35 -9- SF2321.3705 (3) 88 as/jh 9/ 22 #17. #18. #19.

for information about such property needed to perform the 1 fiduciary’s duties. The request must contain statements 2 confirming all of the following: 3 Sec. ___. Section 633.78, subsection 1, paragraph b, Code 4 2020, is amended to read as follows: 5 b. The request has been signed by all fiduciaries acting on 6 behalf of the decedent or ward protected person . 7 Sec. ___. Section 633.78, subsection 4, paragraph a, Code 8 2020, is amended to read as follows: 9 a. Damages sustained by the decedent’s or ward’s protected 10 person’s estate. 11 Sec. ___. Section 633.80, Code 2020, is amended to read as 12 follows: 13 633.80 Fiduciary of a fiduciary. 14 A fiduciary has no authority to act in a matter wherein the 15 fiduciary’s decedent or ward protected person was merely a 16 fiduciary, except that the fiduciary shall file a report and 17 accounting on behalf of the decedent or ward protected person 18 in said matter. 19 Sec. ___. Section 633.93, Code 2020, is amended to read as 20 follows: 21 633.93 Limitation on actions affecting deeds. 22 No action for recovery of any real estate sold by any 23 fiduciary can be maintained by any person claiming under the 24 deceased, the ward protected person , or a beneficiary, unless 25 brought within five years after the date of the recording of 26 the conveyance. 27 Sec. ___. Section 633.112, Code 2020, is amended to read as 28 follows: 29 633.112 Discovery of property. 30 The court may require any person suspected of having 31 possession of any property, including records and documents, 32 of the decedent, ward protected person , or the estate, or of 33 having had such property under the person’s control, to appear 34 and submit to an examination under oath touching such matters, 35 -10- SF2321.3705 (3) 88 as/jh 10/ 22

and if on such examination it appears that the person has the 1 wrongful possession of any such property, the court may order 2 the delivery thereof to the fiduciary. Such a person shall be 3 liable to the estate for all damages caused by the person’s 4 acts. 5 Sec. ___. Section 633.123, subsection 1, paragraph b, 6 subparagraph (3), Code 2020, is amended to read as follows: 7 (3) The needs and rights of the beneficiaries or the ward 8 protected person . 9 Sec. ___. 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. ___. 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. ___. 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. ___. 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 -11- SF2321.3705 (3) 88 as/jh 11/ 22

petition for modification or termination of the guardianship 1 or conservatorship . 2 Sec. ___. Section 633.562, subsection 5, paragraphs a and b, 3 Code 2020, are amended to read as follows: 4 a. A recommendation regarding the appropriateness of a 5 limited guardianship or conservatorship for the respondent, 6 including whether less restrictive alternatives are available. 7 b. A statement of the qualifications of the guardian or 8 conservator together with a statement of whether the respondent 9 has expressed agreement with the appointment of the proposed 10 guardian or conservator. 11 Sec. ___. Section 633.580, subsections 1 and 4, Code 2020, 12 are amended to read as follows: 13 1. The name, age, and last known post office address of the 14 proposed ward protected person . 15 4. A general description of the property of the proposed 16 ward protected person within this state and of the proposed 17 ward’s protected person’s right to receive property; also, the 18 estimated present value of the real estate, the estimated value 19 of the personal property, and the estimated gross annual income 20 of the estate. If any money is payable, or to become payable, 21 to the proposed ward protected person by the United States 22 through the United States department of veterans affairs, the 23 petition shall so state. 24 Sec. ___. Section 633.591A, Code 2020, is amended to read 25 as follows: 26 633.591A Voluntary petition for appointment of conservator 27 for a minor —— standby basis. 28 A person having physical and legal custody of a minor 29 may execute a verified petition for the appointment of a 30 standby conservator of the proposed ward’s protected person’s 31 property, upon the express condition that the petition shall 32 be acted upon by the court only upon the occurrence of an event 33 specified or the existence of a described condition of the 34 mental or physical health of the petitioner, the occurrence 35 -12- SF2321.3705 (3) 88 as/jh 12/ 22

of which event, or the existence of which condition, shall be 1 established in the manner directed in the petition. 2 Sec. ___. Section 633.603, Code 2020, is amended to read as 3 follows: 4 633.603 Appointment of foreign conservators. 5 When there is no conservatorship, nor any application 6 therefor pending, in this state, the duly qualified foreign 7 conservator or guardian of a nonresident ward protected 8 person may, upon application, be appointed conservator of the 9 property of such person in this state; provided that a resident 10 conservator is appointed to serve with the foreign conservator; 11 and provided further, that for good cause shown, the court 12 may appoint the foreign conservator to act alone without the 13 appointment of a resident conservator. 14 Sec. ___. Section 633.604, Code 2020, is amended to read as 15 follows: 16 633.604 Application. 17 The application for appointment of a foreign conservator 18 or guardian as conservator in this state shall include the 19 name and address of the nonresident ward protected person , and 20 of the nonresident conservator or guardian, and the name and 21 address of the resident conservator to be appointed. It shall 22 be accompanied by a certified copy of the original letters 23 or other authority conferring the power upon the foreign 24 conservator or guardian to act as such. The application 25 shall also state the cause for the appointment of the foreign 26 conservator to act as sole conservator, if such be the case. 27 Sec. ___. Section 633.605, Code 2020, is amended to read as 28 follows: 29 633.605 Personal property. 30 A foreign conservator or guardian of a nonresident may 31 be authorized by the court of the county wherein such ward 32 protected person has personal property to receive the same upon 33 compliance with the provisions of sections 633.606 , 633.607 and 34 633.608 . 35 -13- SF2321.3705 (3) 88 as/jh 13/ 22

Sec. ___. Section 633.607, Code 2020, is amended to read as 1 follows: 2 633.607 Order for delivery. 3 Upon the filing of the bond as above provided, and the court 4 being satisfied with the amount thereof, it shall order the 5 personal property of the ward protected person delivered to 6 such conservator or guardian. 7 Sec. ___. Section 633.633, Code 2020, is amended to read as 8 follows: 9 633.633 Provisions applicable to all fiduciaries shall 10 govern. 11 The provisions of this probate code applicable to all 12 fiduciaries shall govern the appointment, qualification, oath 13 and bond of guardians and conservators, except that a guardian 14 shall not be required to give bond unless the court, for good 15 cause, finds that the best interests of the ward protected 16 person require a bond. The court shall then fix the terms and 17 conditions of such bond. 18 Sec. ___. Section 633.633B, Code 2020, is amended to read 19 as follows: 20 633.633B Tort liability of guardians and conservators. 21 The fact that a person is a guardian or conservator shall not 22 in itself make the person personally liable for damages for the 23 acts of the ward protected person . 24 Sec. ___. Section 633.636, Code 2020, is amended to read as 25 follows: 26 633.636 Effect of appointment of guardian or conservator. 27 The appointment of a guardian or conservator shall not 28 constitute an adjudication that the ward protected person is of 29 unsound mind. 30 Sec. ___. Section 633.637, Code 2020, is amended to read as 31 follows: 32 633.637 Powers of ward protected person . 33 1. A ward protected person for whom a conservator has been 34 appointed shall not have the power to convey, encumber, or 35 -14- SF2321.3705 (3) 88 as/jh 14/ 22

dispose of property in any manner, other than by will if the 1 ward protected person possesses the requisite testamentary 2 capacity, unless the court determines that the ward protected 3 person has a limited ability to handle the ward’s protected 4 person’s own funds. If the court makes such a finding, the 5 court shall specify to what extent the ward protected person 6 may possess and use the ward’s protected person’s own funds. 7 2. Any modification of the powers of the ward protected 8 person that would be more restrictive of the ward’s protected 9 person’s control over the ward’s protected person’s financial 10 affairs shall be based upon clear and convincing evidence 11 and the burden of persuasion is on the conservator. Any 12 modification that would be less restrictive of the ward’s 13 protected person’s control over the ward’s protected person’s 14 financial affairs shall be based upon proof in accordance with 15 the requirements of section 633.675 . 16 Sec. ___. Section 633.637A, Code 2020, is amended to read 17 as follows: 18 633.637A Rights of ward protected person under guardianship. 19 An adult ward protected person under a guardianship has the 20 right of communication, visitation, or interaction with other 21 persons upon the consent of the adult ward protected person , 22 subject to section 633.635, subsection 2 , paragraph “i” , and 23 section 633.635, subsection 3 , paragraph “c” . If an adult ward 24 protected person is unable to give express consent to such 25 communication, visitation, or interaction with a person due 26 to a physical or mental condition, consent of an adult ward 27 protected person may be presumed by a guardian or a court based 28 on an adult ward’s protected person’s prior relationship with 29 such person. 30 Sec. ___. Section 633.638, Code 2020, is amended to read as 31 follows: 32 633.638 Presumption of fraud. 33 If a conservator be appointed, all contracts, transfers and 34 gifts made by the ward protected person after the filing of the 35 -15- SF2321.3705 (3) 88 as/jh 15/ 22

petition shall be presumed to be a fraud against the rights 1 and interest of the ward protected person except as otherwise 2 directed by the court pursuant to section 633.637 . 3 Sec. ___. Section 633.639, Code 2020, is amended to read as 4 follows: 5 633.639 Title to ward’s protected person’s property. 6 The title to all property of the ward protected person is 7 in the ward protected person and not the conservator subject, 8 however, to the possession of the conservator and to the 9 control of the court for the purposes of administration, 10 sale or other disposition, under the provisions of the 11 law. Any real property titled at any time in the name of a 12 conservatorship shall be deemed to be titled in the ward’s 13 protected person’s name subject to the conservator’s right of 14 possession. 15 Sec. ___. Section 633.640, Code 2020, is amended to read as 16 follows: 17 633.640 Conservator’s right to possession. 18 Every conservator shall have a right to, and shall take, 19 possession of all of the real and personal property of the 20 ward protected person . The conservator shall pay the taxes 21 and collect the income therefrom until the conservatorship is 22 terminated. The conservator may maintain an action for the 23 possession of the property, and to determine the title to the 24 same. 25 Sec. ___. Section 633.643, Code 2020, is amended to read as 26 follows: 27 633.643 Disposal of will by conservator. 28 When an instrument purporting to be the will of the ward 29 protected person comes into the hands of a conservator, the 30 conservator shall immediately deliver it to the court. 31 Sec. ___. Section 633.644, Code 2020, is amended to read as 32 follows: 33 633.644 Court order to preserve testamentary intent of ward 34 protected person . 35 -16- SF2321.3705 (3) 88 as/jh 16/ 22

Upon receiving an instrument purporting to be the will of a 1 living ward protected person under the provisions of section 2 633.643 , the court may open said will and read it. The court 3 with or without notice, as it may determine, may enter such 4 orders in the conservatorship as it deems advisable for the 5 proper administration of the conservatorship in light of the 6 expressed testamentary intent of the ward protected person . 7 Sec. ___. Section 633.645, Code 2020, is amended to read as 8 follows: 9 633.645 Court to deliver will to clerk. 10 An instrument purporting to be the will of a ward protected 11 person coming into the hands of the court under the provisions 12 of section 633.643 , shall thereafter be resealed by the court 13 and be deposited with the clerk to be held by said clerk as 14 provided in sections 633.286 through 633.289 . 15 Sec. ___. Section 633.653A, Code 2020, is amended to read 16 as follows: 17 633.653A Claims for cost of medical care or services. 18 The provision of medical care or services to a ward protected 19 person who is a recipient of medical assistance under chapter 20 249A creates a claim against the conservatorship for the amount 21 owed to the provider under the medical assistance program for 22 the care or services. The amount of the claim, after being 23 allowed or established as provided in this part, shall be paid 24 by the conservator from the assets of the conservatorship. 25 Sec. ___. Section 633.654, Code 2020, is amended to read as 26 follows: 27 633.654 Form and verification of claims —— general 28 requirements. 29 No claim shall be allowed against the estate of a ward 30 protected person upon application of the claimant unless 31 it shall be in writing, filed in duplicate with the clerk, 32 stating the claimant’s name and address, and describing the 33 nature and the amount thereof, if ascertainable. It shall be 34 accompanied by the affidavit of the claimant, or of someone for 35 -17- SF2321.3705 (3) 88 as/jh 17/ 22

the claimant, that the amount is justly due, or if not due, 1 when it will or may become due, that no payments have been 2 made thereon which are not credited, and that there are no 3 offsets to the same, to the knowledge of the affiant, except as 4 therein stated. The duplicate of said claim shall be mailed 5 by the clerk to the conservator or the conservator’s attorney 6 of record; however, valid contract claims arising in the 7 ordinary course of the conduct of the business or affairs of 8 the ward protected person by the conservator may be paid by the 9 conservator without requiring affidavit or filing. 10 Sec. ___. Section 633.656, Code 2020, is amended to read as 11 follows: 12 633.656 How claim entitled. 13 All claims filed against the estate of the ward protected 14 person shall be entitled in the name of the claimant against 15 the conservator as such, naming the conservator, and in all 16 further proceedings thereon, this title shall be preserved. 17 Sec. ___. Section 633.660, Code 2020, is amended to read as 18 follows: 19 633.660 Execution and levy prohibited. 20 No execution shall issue upon, nor shall any levy be made 21 against, any property of the estate of a ward protected person 22 under any judgment against the ward protected person or a 23 conservator, but the provisions of this section shall not be so 24 construed as to prevent the enforcement of a mortgage, pledge, 25 or other lien upon property in an appropriate proceeding. 26 Sec. ___. Section 633.661, Code 2020, is amended to read as 27 follows: 28 633.661 Claims of conservators. 29 If the conservator is a creditor of the ward protected 30 person , the conservator shall file the claim as other 31 creditors, and the court shall appoint some competent person as 32 temporary conservator to represent the ward protected person 33 at the hearing on the conservator’s claim. The same procedure 34 shall be followed in the case of coconservators where all 35 -18- SF2321.3705 (3) 88 as/jh 18/ 22

such conservators are creditors of the ward protected person ; 1 but if one of the coconservators is not a creditor of the 2 ward protected person , such disinterested conservator shall 3 represent the ward protected person at the hearing on any claim 4 against the ward protected person by a coconservator. 5 Sec. ___. Section 633.662, Code 2020, is amended to read as 6 follows: 7 633.662 Claims not filed. 8 The conservator may pay any valid claim against the estate of 9 the ward protected person even though such claim has not been 10 filed, but all such payments made by the conservator shall be 11 at the conservator’s own peril. 12 Sec. ___. Section 633.664, Code 2020, is amended to read as 13 follows: 14 633.664 Liens not affected by failure to file claim. 15 Nothing in sections 633.654 and 633.658 shall affect or 16 prevent an action or proceeding to enforce any mortgage, 17 pledge, or other lien upon the property of the ward protected 18 person . 19 Sec. ___. Section 633.665, Code 2020, is amended to read as 20 follows: 21 633.665 Separate actions and claims. 22 1. Any action pending against the ward protected person at 23 the time the conservator is appointed shall also be considered 24 a claim filed in the conservatorship if notice of substitution 25 is served on the conservator as defendant and a duplicate of 26 the proof of service of notice of such proceeding is filed in 27 the conservatorship proceeding. 28 2. A separate action based on a debt or other liability 29 of the ward protected person may be commenced against the 30 conservator in lieu of filing a claim in the conservatorship. 31 Such an action shall be commenced by serving an original notice 32 on the conservator and filing a duplicate of the proof of 33 service of notice of such proceeding in the conservatorship 34 proceeding. Such an action shall also be considered a claim 35 -19- SF2321.3705 (3) 88 as/jh 19/ 22