House File 836 H-1366 Amend House File 836 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 MINOR GUARDIANSHIPS 5 Section 1. Section 232.3, subsection 1, Code 2021, is 6 amended to read as follows: 7 1. During the pendency of an action under this chapter , a 8 party to the action is estopped from litigating concurrently 9 the custody, guardianship, or placement of a child who is the 10 subject of the action, in a court other than the juvenile court 11 with jurisdiction of the pending action under this chapter . A 12 district judge, district associate judge, juvenile court judge, 13 magistrate, or judicial hospitalization referee, upon notice 14 of the pendency of an action under this chapter , shall not 15 issue an order, finding, or decision relating to the custody, 16 guardianship, or placement of the child who is the subject of 17 the action, under any law, including but not limited to chapter 18 232D, 598, or 598B , or 633 . 19 Sec. 2. Section 232.3, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 3. An action which is pending under chapter 22 232D prior to an action being brought under this chapter shall 23 be stayed by the court in the chapter 232D action unless the 24 court follows the procedures in subsection 2 and authorizes a 25 party to the action to litigate a specific issue under this 26 chapter. 27 Sec. 3. Section 232D.103, Code 2021, is amended to read as 28 follows: 29 232D.103 Jurisdiction. 30 The juvenile court has exclusive jurisdiction in a 31 guardianship proceeding concerning a minor who is alleged to be 32 in need of a guardianship and guardianships of minors . 33 Sec. 4. NEW SECTION . 232D.107 Confidentiality. 34 Official juvenile court records in guardianship proceedings 35 -1- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 1/ 33 #1.

shall be confidential and are not public records. Confidential 1 records may be inspected and their contents shall be disclosed 2 to the following without court order, provided that a person 3 or entity who inspects or receives a confidential record under 4 this section shall not disclose the confidential record or its 5 contents unless required by law: 6 1. The judge and professional court staff. 7 2. The minor and the minor’s counsel. 8 3. The minor’s parent, guardian or custodian, court 9 visitor, and any counsel representing such person. 10 Sec. 5. Section 232D.301, subsection 2, paragraph d, 11 subparagraph (3), Code 2021, is amended to read as follows: 12 (3) Any adult who has had the primary care of the minor or 13 with whom the minor has lived for at least any time during the 14 six months prior to immediately preceding the filing of the 15 petition. 16 Sec. 6. Section 232D.301, subsection 4, Code 2021, is 17 amended to read as follows: 18 4. The petition shall state whether a limited guardianship 19 is appropriate , and whether a conservatorship for the minor is 20 already in existence . 21 Sec. 7. Section 232D.302, subsection 2, Code 2021, is 22 amended to read as follows: 23 2. Notice shall be served upon the minor’s known parents 24 listed in the petition in accordance with the rules of civil 25 procedure. If the parent has not filed a consent to the 26 appointment of a guardian, the notice shall inform any parent 27 named in the petition that the parent may be entitled to 28 representation under the conditions described in section 29 232D.304. 30 Sec. 8. Section 232D.305, subsection 1, Code 2021, is 31 amended to read as follows: 32 1. The court may appoint a court visitor for the minor. A 33 person is qualified to serve as a court visitor if the court 34 determines the person has demonstrated sufficient knowledge of 35 -2- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 2/ 33

guardianships to adequately perform the duties in subsection 3. 1 Sec. 9. Section 232D.306, Code 2021, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 4. A hearing on the petition may be 4 recorded if a court reporter is not used. 5 Sec. 10. Section 232D.307, subsection 1, Code 2021, is 6 amended to read as follows: 7 1. The court shall request criminal record checks and checks 8 of the child abuse, dependent adult abuse, and sex offender 9 registries in this state for all proposed guardians other than 10 financial institutions with Iowa trust powers unless a proposed 11 guardian has undergone the required background checks in this 12 section within the twelve six months prior to the filing of 13 a petition and the background check has been provided to the 14 court . 15 Sec. 11. Section 232D.401, subsection 1, Code 2021, is 16 amended to read as follows: 17 1. The order by the court appointing a guardian for a minor 18 shall state the basis for the order and the date on which the 19 first reporting period for the guardianship will end . 20 Sec. 12. Section 232D.401, subsection 3, unnumbered 21 paragraph 1, Code 2021, is amended to read as follows: 22 An order by the court appointing a guardian for a minor shall 23 state the powers granted to the guardian until such time as the 24 guardian files an initial care plan and such plan is approved 25 by the court as required by section 232D.501, subsection 4 . 26 Except as otherwise limited by court an order appointing a 27 guardian for a minor , the court may grant the guardian the 28 following powers , which may be exercised without prior court 29 approval : 30 Sec. 13. Section 232D.501, subsection 1, paragraph a, Code 31 2021, is amended by adding the following new subparagraph: 32 NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for 33 applying for and receiving funds and benefits payable for the 34 support of the minor. 35 -3- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 3/ 33

Sec. 14. Section 232D.501, subsection 1, paragraph b, Code 1 2021, is amended by adding the following new subparagraphs: 2 NEW SUBPARAGRAPH . (11) The results of the guardian’s 3 efforts to apply for funds or benefits for the minor, and 4 an accounting for the use of such funds or benefits by the 5 guardian. 6 NEW SUBPARAGRAPH . (12) Any other information the guardian 7 deems necessary for the court to consider. 8 Sec. 15. Section 232D.501, Code 2021, is amended by adding 9 the following new subsections: 10 NEW SUBSECTION . 5. The guardian shall provide a copy of the 11 verified initial care plan and verified annual report required 12 by this section to the protected person, the protected person’s 13 attorney, if any, and court visitor, if any. 14 NEW SUBSECTION . 6. The court, for good cause, may extend 15 the deadline for filing required reports. Required reports of 16 a guardian which are not timely filed and which are delinquent, 17 and for which no extension for filing has been granted by the 18 court, shall be administered in the same manner as provided in 19 section 633.32. 20 DIVISION II 21 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 22 Sec. 16. Section 235B.6, subsection 2, paragraph d, Code 23 2021, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (7) To a district court conducting 25 checks of the dependent adult abuse registry for all proposed 26 guardians and conservators pursuant to section 633.564. 27 Sec. 17. Section 633.556, subsections 4 and 5, Code 2021, 28 are amended to read as follows: 29 4. The petition shall list the name and address of the 30 petitioner and the petitioner’s relationship to the respondent 31 following: 32 a. The respondent . 33 b. The petitioner and the petitioner’s relationship to the 34 respondent. 35 -4- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 4/ 33

c. The proposed guardian or conservator and the reason the 1 proposed guardian or conservator should be selected. 2 5. The petition shall list the name and address, to the 3 extent known, of the following: 4 a. The name and address of the proposed guardian and the 5 reason the proposed guardian should be selected. 6 b. Any spouse of the respondent. 7 c. Any adult children of the respondent. 8 d. Any parents of the respondent. 9 e. Any adult, who has had the primary care of the respondent 10 or with whom the respondent has lived for at least any time 11 during the six months prior to immediately preceding the filing 12 of the petition, or any institution or facility where the 13 respondent has resided for at least six months prior to any 14 time during the six months immediately preceding the filing of 15 the petition. 16 f. Any legal representative or representative payee of the 17 respondent. 18 g. Any person designated as an attorney in fact in a durable 19 power of attorney for health care which is valid under chapter 20 144B , or any person designated as an agent in a durable power 21 of attorney which is valid under chapter 633B . 22 Sec. 18. Section 633.560, subsection 3, Code 2021, is 23 amended to read as follows: 24 3. The court shall require the proposed guardian or 25 conservator to attend the hearing on the petition but the court 26 may excuse the proposed guardian’s or conservator’s attendance 27 for good cause shown. 28 Sec. 19. Section 633.561, subsection 6, Code 2021, is 29 amended to read as follows: 30 6. If the court determines that it would be in the 31 respondent’s best interest to have legal representation 32 with respect to any further proceedings in a guardianship 33 or conservatorship, the court may appoint an attorney to 34 represent the respondent at the expense of the respondent or 35 -5- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 5/ 33

the respondent’s estate, or if the respondent is indigent the 1 cost of the court appointed attorney shall be assessed against 2 the county in which the proceedings are pending. 3 Sec. 20. Section 633.562, subsection 1, Code 2021, is 4 amended to read as follows: 5 1. If the court determines that the appointment of a court 6 visitor would be in the best interest of the respondent, the 7 court shall appoint a court visitor at the expense of the 8 respondent or the respondent’s estate, or, if the respondent 9 is indigent, the cost of the court visitor shall be assessed 10 against the county in which the proceedings are pending. The 11 court may appoint any qualified person as a court visitor in 12 a guardianship or conservatorship proceeding. A person is 13 qualified to serve in this capacity if the court determines the 14 person has demonstrated sufficient knowledge of guardianships 15 or conservatorships to adequately perform the duties in 16 subsection 3. 17 Sec. 21. Section 633.562, Code 2021, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 7. A court visitor shall be discharged 20 from all further duties upon appointment of a guardian or 21 conservator, unless otherwise ordered by the court. The court 22 may order a court visitor to continue to serve if the court 23 determines continued service would be in the best interest of 24 the protected person. If the court continues the service of 25 the court visitor, the court may limit the direct duties of the 26 court visitor as the court deems necessary. The court visitor 27 shall thereafter continue to serve until discharged by the 28 court. 29 Sec. 22. Section 633.564, subsection 1, Code 2021, is 30 amended to read as follows: 31 1. The court shall request criminal record checks and 32 checks of the child abuse, dependent adult abuse, and sexual 33 offender registries in this state for all proposed guardians 34 and conservators, other than financial institutions with Iowa 35 -6- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 6/ 33

trust powers , unless a proposed guardian or conservator has 1 undergone the required background checks required by this 2 section within the six months prior to the filing of a petition 3 and the background check has been provided to the court . 4 Sec. 23. Section 633.569, Code 2021, is amended to read as 5 follows: 6 633.569 Emergency appointment of temporary guardian or 7 conservator. 8 1. A person authorized to file a petition under section 9 633.552, 633.553 , or 633.554 633.556 or 633.557 may file an 10 application for the emergency appointment of a temporary 11 guardian or conservator. 12 2. Such application shall state all of the following: 13 a. The name and address of the respondent. 14 0b. The name and address of the petitioner and the 15 petitioner’s relationship to the respondent. 16 b. The name and address of the proposed guardian or 17 conservator and the reason the proposed guardian or conservator 18 should be selected. 19 0c. The names and addresses, to the extent known, of any 20 other persons who must be named in the petition for appointment 21 of a guardian or conservator under section 633.556 or 633.557. 22 c. The reason the emergency appointment of a temporary 23 guardian or conservator is sought. 24 3. The court may enter an ex parte order appointing a 25 temporary guardian or conservator on an emergency basis under 26 this section if the court finds that all of the following 27 conditions are met: 28 a. There is not sufficient time to file a petition 29 and hold a hearing pursuant to section 633.552, 633.553 , 30 or 633.554 633.556, 633.557, or 633.560 . 31 b. The appointment of a temporary guardian or conservator 32 is necessary to avoid immediate or irreparable harm to the 33 respondent before a hearing with notice to the respondent can 34 be held . 35 -7- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 7/ 33

c. There is reason to believe that the basis for appointment 1 of guardian or conservator exists under section 633.552, 2 633.553 , or 633.554 633.556 or 633.557 . 3 4. Notice of a petition for the appointment of a temporary 4 guardian or conservator and the issuance of an ex parte 5 order appointing a temporary guardian or conservator shall be 6 provided to the respondent, the respondent’s attorney, and any 7 other person the court determines should receive notice. 8 5. Upon the issuance of an ex parte order, if the respondent 9 is an adult, the respondent may file a request for a hearing. 10 If the respondent is a minor, the respondent, a parent having 11 legal custody of the respondent, or any other person having 12 legal custody of the respondent may file a written request for 13 a hearing. Such hearing shall be held no later than seven days 14 after the filing of a written request. 15 6. The powers of the temporary guardian or conservator 16 set forth in the order of the court shall be limited to those 17 necessary to address the emergency situation requiring the 18 appointment of a temporary guardian or conservator. 19 7. The temporary guardianship or conservatorship shall 20 terminate within thirty days after the order is issued. 21 8. The court may order an extension of the temporary 22 guardianship or conservatorship for thirty days for good 23 cause shown, including a showing that a hearing on a petition 24 for a guardianship or conservatorship under section 633.556 25 or 633.557 cannot be scheduled within thirty days after the 26 order for a temporary guardianship or conservatorship is 27 ordered. Prior to or contemporaneously with the filing for 28 an application for the extension of time, the guardian or 29 conservator shall file a report with the court setting forth 30 all of the following: 31 a. All actions conducted by the guardian or conservator on 32 behalf of the protected person from the time of the initial 33 appointment of the guardian up to the time of the report. 34 b. All actions that the guardian or conservator plans to 35 -8- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 8/ 33

conduct on behalf of the protected person during the thirty-day 1 extension period. 2 9. The temporary guardian or conservator shall submit any 3 other report the court requires. 4 Sec. 24. Section 633.570, subsections 1 and 2, Code 2021, 5 are amended to read as follows: 6 1. In a proceeding for the appointment of a guardian, the 7 respondent shall be given written notice which advises the 8 respondent of the powers that the court may grant a guardian 9 may exercise without court approval pursuant to the powers set 10 out in section 633.635, subsection 2 , and the powers that the 11 guardian may exercise only with court approval pursuant to set 12 out in section 633.635, subsection 3 . 13 2. In a proceeding for the appointment of a conservator, 14 the respondent shall be given written notice which advises 15 the respondent of the powers that the court may grant a 16 conservator may exercise without court approval pursuant to 17 the powers set out in section 633.646 and the powers that the 18 guardian may exercise only with court approval pursuant to 19 section 633.647 633.642 . 20 Sec. 25. Section 633.635, subsection 1, Code 2021, is 21 amended to read as follows: 22 1. The order by the court appointing a guardian shall state 23 the factual basis for the guardianship pursuant to section 24 633.552 and the date on which the first reporting period for 25 the guardianship shall end . 26 Sec. 26. Section 633.635, subsection 2, unnumbered 27 paragraph 1, Code 2021, is amended to read as follows: 28 Based upon the evidence produced at the hearing An order by 29 the court appointing a guardian for an adult shall state the 30 powers granted to the guardian until such time as the guardian 31 files an initial care plan and such plan is approved by the 32 court as required by section 633.669. Except as otherwise 33 limited by an order appointing a guardian for an adult , the 34 court may grant a guardian the following powers and duties with 35 -9- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 9/ 33

respect to a protected person which may be exercised without 1 prior court approval : 2 Sec. 27. Section 633.635, subsection 3, unnumbered 3 paragraph 1, Code 2021, is amended to read as follows: 4 A Notwithstanding subsection 2, a guardian may be granted 5 the following powers which may only be exercised upon court 6 approval: 7 Sec. 28. Section 633.641, subsection 3, Code 2021, is 8 amended to read as follows: 9 3. If a protected person has executed a valid power of 10 attorney under chapter 633B , the conservator shall act in 11 accordance with the applicable provisions of chapter 633B . 12 If the court appoints a conservator for a protected person 13 who has previously executed a valid power of attorney under 14 chapter 633B, the power of attorney is suspended unless the 15 power of attorney provides otherwise or the court appointing 16 the conservator orders that the power of attorney should 17 continue. If the power of attorney continues, the agent is 18 accountable to the conservator as well as the principal. The 19 power of attorney shall be reinstated upon termination of the 20 conservatorship for reasons other than the protected person’s 21 death. 22 Sec. 29. Section 633.642, Code 2021, is amended by striking 23 the section and inserting in lieu thereof the following: 24 633.642 Powers of conservator. 25 1. An order by the court appointing a conservator shall 26 state the basis for the conservatorship pursuant to section 27 633.553 or section 633.554. 28 2. Upon appointment by the court, and until such time as the 29 conservator files an initial financial management plan and such 30 plan is approved by the court as required by section 633.670, 31 subsection 1, a conservator has the authority to exercise all 32 powers applicable to fiduciaries pursuant to sections 633.63 33 through 633.162, unless expressly modified by the court. 34 3. In the order approving an initial financial management 35 -10- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 10/ 33

plan or an annual report, the court shall approve and set forth 1 the specific powers of a conservator, which may be thereafter 2 exercised by the conservator until further court order. Except 3 as otherwise ordered by the court, a conservator must give 4 notice to persons entitled to notice and receive specific prior 5 authorization by the court before the conservator may take any 6 other action on behalf of the protected person. 7 4. Upon the filing of an appropriate oath by the 8 conservator, the clerk of court shall issue letters of 9 appointment. A copy of the initial order of the court shall 10 be attached to the letters of appointment. Upon approval of 11 an initial financial management plan, approval of an annual 12 report, or further order of the court granting, modifying, 13 limiting, or terminating powers of the conservator, the clerk 14 of court shall issue new letters of appointment which shall 15 reflect all powers thereafter held by the conservator. 16 Sec. 30. Section 633.669, Code 2021, is amended to read as 17 follows: 18 633.669 Reporting requirements —— assistance Reports by clerk 19 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 in the initial care plan shall 25 include but not be limited to the following information: 26 (1) The current residence of the protected person and the 27 guardian’s plan for the protected person’s living arrangements. 28 (2) The current sources of payment for the protected 29 person’s living expenses and other expenses, and the guardian’s 30 plan for payment of the protected person’s living expenses and 31 other expenses. 32 (3) The protected person’s health status and health care 33 needs, and the guardian’s plan for meeting the protected 34 person’s needs for medical, dental, and other health care 35 -11- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 11/ 33

needs. 1 (3A) Whether the protected person has a living will or 2 health care power of attorney. 3 (4) If applicable, the protected person’s need for other 4 professional services for mental, behavioral, or emotional 5 health, and the guardian’s plan for other professional services 6 needed by the protected person. 7 (5) If applicable, the protected person’s employment 8 status, the protected person’s need for educational, training, 9 or vocational services, and the guardian’s plan for meeting the 10 educational, training, and vocational needs of the protected 11 person. 12 (6) If applicable, the guardian’s plan for facilitating the 13 participation of the protected person in social activities. 14 (7) The guardian’s plan for facilitating contacts between 15 the protected person and the protected person’s family members 16 and other significant persons significant in the life of the 17 protected person . 18 (8) The guardian’s plan for contact with, and activities on 19 behalf of, the protected person. 20 (9) The powers that the guardian requests to carry out the 21 initial care plan. 22 (10) The guardian shall file an amended plan when there 23 has been a significant change in the circumstances or the 24 guardian seeks to deviate significantly from the plan. The 25 guardian must obtain court approval of the amended plan before 26 implementing any of its provisions. 27 b. An annual report, filed within sixty days of the close 28 of the reporting period , unless the court otherwise orders on 29 good cause shown . The information in the annual report shall 30 include but not be limited to the following information: 31 (1) The current living arrangements of the protected 32 person. 33 (2) The sources of payment for the protected person’s living 34 expenses and other expenses. 35 -12- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 12/ 33

(3) A description, if applicable, of the following: 1 (a) The protected person’s physical and mental health 2 status and the medical, dental, and other professional health 3 services provided to the protected person. 4 (b) If applicable, the protected person’s employment status 5 and the educational, training, and vocational services provided 6 to the protected person. 7 (0c) The guardian’s facilitation of the participation of 8 the protected person in social activities. 9 (c) The contact of the protected person with family members 10 and other significant persons. 11 (d) The nature and extent of the guardian’s visits with, and 12 activities on behalf of, the protected person. 13 (04) The guardian’s changes to the care plan for the 14 protected person for the next annual reporting period. 15 (004) The powers that the guardian requests to carry out 16 the care plan for the protected person for the next annual 17 reporting period. 18 (4) The guardian’s recommendation as to the need for 19 continuation of the guardianship. 20 (5) The ability of the guardian to continue as guardian. 21 (6) The need of the guardian for assistance in providing or 22 arranging for the provision of the care and protection of the 23 protected person. 24 (7) Any other information the guardian deems necessary for 25 the court to consider. 26 c. A final report within thirty days of the termination 27 of the guardianship under section 633.675 unless that time is 28 extended by the court. 29 2. The court shall develop a simplified uniform reporting 30 form for use in filing the required reports. 31 3. The clerk of the court shall notify the guardian in 32 writing of the reporting requirements and shall provide 33 information and assistance to the guardian in filing the 34 reports. 35 -13- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 13/ 33

4. Reports of guardians shall be reviewed and approved by a 1 district court judge or referee. 2 5. The court, for good cause, may extend the deadline for 3 filing required reports. Required reports of a guardian which 4 are not timely filed and which are delinquent, and for which no 5 extension for filing has been granted by the court, shall be 6 administered as provided in section 633.32. 7 6. The guardian shall provide a copy of the reports required 8 by this section to the protected person, the protected person’s 9 attorney, if any, and the court visitor, if any. 10 Sec. 31. Section 633.670, Code 2021, is amended to read as 11 follows: 12 633.670 Reports by conservators. 13 1. A conservator shall file an a verified initial financial 14 management plan for protecting, managing, investing, expending, 15 and distributing the assets of the conservatorship estate 16 within ninety days after appointment which shall not be waived 17 by the court . The plan must be based on the needs of the 18 protected person and take into account the best interest of the 19 protected person as well as the protected person’s preference, 20 values, and prior directions to the extent known to, or 21 reasonably ascertainable by, the conservator. 22 a. The initial plan shall include all of the following: The 23 initial financial management plan shall state the protected 24 person’s age, residence, living arrangements, and sources of 25 payment for living expenses. 26 (1) A budget containing projected expenses and resources, 27 including an estimate of the total amount of fees the 28 conservator anticipates charging per year and a statement or 29 list of the amount the conservator proposes to charge for each 30 service the conservator anticipates providing to the protected 31 person. 32 (2) A statement as to how the conservator will involve 33 the protected person in decisions about management of the 34 conservatorship estate. 35 -14- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 14/ 33

(3) If ordered by the court, any step the conservator plans 1 to take to develop or restore the ability of the protected 2 person to manage the conservatorship estate. 3 (4) An estimate of the duration of the conservatorship. 4 b. If applicable, the protected person’s will shall be filed 5 with the court clerk and the protected person’s prepaid burial 6 trust and powers of attorney shall be described. 7 c. The conservator shall include a proposed budget for the 8 protected person and budget-related information for the next 9 annual reporting period including all of the following: 10 (1) The protected person’s receipts and income and 11 the projected sources of income including, if applicable, 12 wages, social security income, pension and retirement plan 13 distribution, veterans’ benefits, rental income, interest 14 earnings, and dividends, and the total estimated receipts and 15 income. 16 (2) The protected person’s liabilities and debts including, 17 if applicable, mortgage, car loans, credit card debt, federal, 18 state, and property taxes owed and the total estimated 19 liabilities and debts; a list and concise explanation of 20 any liability or debt owed by the protected person to the 21 conservator; and a list and concise explanation of the 22 liability of any other person for a liability of the protected 23 person. 24 (3) The protected person’s estimated expenses on a monthly 25 and annual basis including, if applicable, nursing home or 26 facility charge, real property expenses for residence, food and 27 household expenses, utilities, household help and caregiver 28 expenses, health services and health insurance expenses, 29 educational and vocational expenses, personal auto and other 30 transportation expenses, clothing expenses, personal allowance 31 and other personal expenses, liabilities and debts, attorney 32 fees and other professional expenses, conservator fees, and 33 other administrative expenses. 34 d. The conservator shall include a list of the protected 35 -15- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 15/ 33

person’s assets and the conservator’s plan for management 1 of these assets including, if applicable, financial 2 accounts including checking and certificates of deposit and 3 cash, investments including stocks, bonds, mutual funds, 4 exchange-traded funds, individual retirement accounts and other 5 investment accounts, pension, profit-sharing, annuities, and 6 retirement funds, personal property including household goods 7 and vehicles, receivables including mortgages and liens payable 8 to the protected person’s estate or trust, life insurance, and 9 other property. 10 e. The conservator shall include a statement as to how the 11 conservator will involve the protected person in decisions 12 about management of the conservatorship estate. 13 f. If ordered by the court, the conservator shall include 14 any action the conservator plans to take to develop or 15 restore the ability of the protected person to manage the 16 conservatorship estate. 17 g. The conservator shall include the authority that the 18 conservator requests to carry out the initial financial plan 19 including expenditures in accordance with the proposed budget 20 for the protected person and the plan for the management of the 21 assets of the protected person for the next annual reporting 22 period. 23 b. h. Within two days after filing the initial plan, the 24 The conservator shall give provide notice of the filing of 25 the initial plan with and a copy of the initial plan to the 26 protected person, the protected person’s attorney , if any, and 27 court visitor, if any, and others as directed by the court. 28 The notice must state that any person entitled to a copy of 29 the plan must file any objections to the plan not later than 30 fifteen days after it is filed twenty days from the date of 31 mailing notice of filing the initial plan . 32 c. i. At least twenty days after the plan has been filed, 33 the court shall review and determine whether the plan should 34 be approved or revised, after considering objections filed and 35 -16- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 16/ 33

whether the plan is consistent with the conservator’s powers 1 and duties. 2 d. j. After approval by the court, the conservator shall 3 provide a copy of the approved plan and order approving the 4 plan to the protected person, the protected person’s attorney , 5 if any, and court visitor, if any, and others as directed by 6 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 After approval by the court, the conservator shall 20 provide copies of the inventory shall be provided to the 21 protected person, the protected person’s attorney , if any, 22 and court visitor, if any, and others as directed by the 23 court. When the conservator receives additional property 24 of the protected person, or becomes aware of its existence, 25 a description of the property shall be included in the 26 conservator’s next annual report. 27 2A. A conservator shall attach to the initial financial 28 management plan an inventory of the protected person’s assets 29 and debts, which includes an oath or affirmation that the 30 inventory is believed to be complete and accurate as far as 31 information permits. The conservator shall provide copies of 32 the inventory to the protected person, the protected person’s 33 attorney, if any, and the court visitor, if any, and others 34 as directed by the court. Any objections to the inventory 35 -17- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 17/ 33

shall be filed in the same manner and according to the same 1 schedule as objections to the initial financial management 2 plan. The court shall review the inventory and determine 3 whether the inventory should be approved at the same time as 4 the court reviews the initial financial management plan. When 5 the conservator receives an additional asset of the protected 6 person or becomes aware of its existence, or becomes aware 7 of additional debt of the protected person, a description of 8 the asset or debt shall be included in the conservator’s next 9 annual report. 10 3. A conservator shall file a written and verified report on 11 an annual basis for the period since the end of the preceding 12 report period . The court which shall not waive these reports 13 be waived by the court . 14 a. These reports shall include all of the following: The 15 annual report shall state the age, the residence, and the 16 living arrangements of the protected person, and sources of 17 payment for the protected person’s living expenses during the 18 reporting period. 19 (1) Balance of funds on hand at the beginning and end of the 20 period. 21 (2) Disbursements made. 22 (3) Changes in the conservator’s plan. 23 (4) List of assets as of the end of the period. 24 (5) Bond amount and surety’s name. 25 (6) Residence and physical location of the protected 26 person. 27 (7) General physical and mental condition of the protected 28 person. 29 (8) Other information reflecting the condition of the 30 conservatorship estate. 31 b. These reports shall be filed: The conservator shall 32 submit with the annual report an inventory of the assets of the 33 protected person as of the last day of the reporting period the 34 total value of assets at the beginning and end of the reporting 35 -18- HF836.1881 (1) 89 (amending this HF 836 to CONFORM to SF 348) cm/jh 18/ 33