Senate File 348 H-8269 Amend Senate File 348, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 MINOR GUARDIANSHIPS 6 Section 1. NEW SECTION . 232D.305A Guardian ad litem. 7 The court shall order the appointment of a guardian ad litem, 8 with the powers, duties, and qualifications consistent with the 9 provisions of section 598.12, for a guardianship of a minor 10 opened under this chapter. 11 Sec. 2. Section 232D.501, Code 2022, is amended by adding 12 the following new subsections: 13 NEW SUBSECTION . 01. The court shall assign a guardianship 14 created under this chapter, and may reassign as necessary in 15 the court’s discretion, to one of following reporting tiers: 16 a. Tier I, in which a guardian shall file an initial care 17 plan and an annual report, and the court shall order the annual 18 report to be filed annually, biennially, or triennially. 19 b. Tier II, in which a guardian shall file an initial care 20 plan and an annual report, and the court shall order the annual 21 report to be filed at least once per year. 22 NEW SUBSECTION . 04. The minor’s guardian ad litem shall 23 review every report filed with the court. 24 Sec. 3. Section 232D.501, subsection 1, unnumbered 25 paragraph 1, Code 2022, is amended to read as follows: 26 A guardian appointed by the court under this chapter shall 27 file the following reports , which shall not be waived by the 28 court , in accordance with the assigned tier of reporting : 29 DIVISION II 30 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 31 Sec. 4. NEW SECTION . 633.562A Appointment of guardian ad 32 litem. 33 The court shall appoint a guardian ad litem for a protected 34 person in a guardianship or conservatorship. The guardian 35 -1- SF 348.4083 (2) 89 cm/jh 1/ 15 #1.

ad litem shall be a practicing attorney and shall be solely 1 responsible for representing the best interests of the 2 protected person. The guardian ad litem shall be independent 3 of the court and other parties to the proceeding and shall 4 be unprejudiced and uncompromised in the guardian ad litem’s 5 independent actions. The protected person’s attorney shall not 6 also serve as the guardian ad litem. 7 Sec. 5. Section 633.642, Code 2022, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 9. Incur any extraordinary expense. 10 Sec. 6. Section 633.669, Code 2022, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 01. The court shall assign a guardianship 13 created under this chapter, and may reassign as necessary in 14 the court’s discretion, to one of following reporting tiers: 15 a. Tier I, in which a guardian shall file an initial care 16 plan and an annual report, and the court shall order the annual 17 report to be filed annually, biennially, or triennially. 18 b. Tier II, in which a guardian shall file an initial plan, 19 and an annual report, and the court shall order the annual 20 report to be filed at least once per year. 21 NEW SUBSECTION . 04. The protected person’s guardian ad 22 litem shall review every report filed with the court. 23 Sec. 7. Section 633.669, subsection 1, unnumbered paragraph 24 1, Code 2022, is amended to read as follows: 25 A guardian appointed by the court under this chapter shall 26 file with the court the following written verified reports , 27 which shall not be waived by the court , in accordance with the 28 assigned tier of reporting, and : 29 Sec. 8. Section 633.670, Code 2022, is amended by adding the 30 following new subsections: 31 NEW SUBSECTION . 01. The court shall assign a 32 conservatorship created under this chapter, and may reassign 33 as necessary in the court’s discretion, to one of following 34 reporting tiers: 35 -2- SF 348.4083 (2) 89 cm/jh 2/ 15

a. Tier I, in which a conservator shall file an inventory 1 and an annual report, and the court shall order the annual 2 report may be ordered to be filed annually, biennially, or 3 triennially. 4 b. Tier II, in which a conservator shall file an 5 inventory and an annual report, and the court shall order 6 the annual report to be filed at least once per year. A 7 conservatorship is presumed to be a tier II conservatorship if 8 the conservatorship estate’s assets are more than one hundred 9 thousand dollars or if the conservatorship estate’s annual 10 income is more than fifty thousand dollars. 11 NEW SUBSECTION . 04. The protected person’s guardian ad 12 litem shall review every report filed with the court. 13 Sec. 9. Section 633.670, subsection 3, paragraph b, 14 subparagraph (1), Code 2022, is amended to read as follows: 15 (1) On an annual In accordance with the assigned tier of 16 reporting basis within sixty days of the end of the reporting 17 period unless the court orders an extension for good cause 18 shown in accordance with the rules of probate procedure. 19 DIVISION III 20 CONFORMING CHANGES 21 Sec. 10. Section 633.3, subsections 9, 17, 22, and 23, Code 22 2022, are amended to read as follows: 23 9. Conservator —— means a person appointed by the court 24 to have the custody and control of the property of a ward 25 protected person under the provisions of this probate code. 26 17. Estate —— the real and personal property of either a 27 decedent or a ward protected person , and may also refer to the 28 real and personal property of a trust described in section 29 633.10 . 30 22. Guardian —— means the person appointed by the court to 31 have the custody of the person of the ward protected person 32 under the provisions of this probate code. 33 23. Guardian of the property —— at the election of the 34 person appointed by the court to have the custody and care of 35 -3- SF 348.4083 (2) 89 cm/jh 3/ 15

the property of a ward protected person , the term “guardian of 1 the property” may be used, which term shall be synonymous with 2 the term “conservator” . 3 Sec. 11. Section 633.78, subsection 1, unnumbered paragraph 4 1, Code 2022, is amended to read as follows: 5 A fiduciary under this chapter may present a written request 6 to any person for the purpose of obtaining property owned by 7 a decedent or by a ward protected person of a conservatorship 8 for which the fiduciary has been appointed, or property to 9 which a decedent or ward protected person is entitled, or 10 for information about such property needed to perform the 11 fiduciary’s duties. The request must contain statements 12 confirming all of the following: 13 Sec. 12. Section 633.78, subsection 1, paragraph b, Code 14 2022, is amended to read as follows: 15 b. The request has been signed by all fiduciaries acting on 16 behalf of the decedent or ward protected person . 17 Sec. 13. Section 633.78, subsection 4, paragraph a, Code 18 2022, is amended to read as follows: 19 a. Damages sustained by the decedent’s or ward’s protected 20 person’s estate. 21 Sec. 14. Section 633.80, Code 2022, is amended to read as 22 follows: 23 633.80 Fiduciary of a fiduciary. 24 A fiduciary has no authority to act in a matter wherein the 25 fiduciary’s decedent or ward protected person was merely a 26 fiduciary, except that the fiduciary shall file a report and 27 accounting on behalf of the decedent or ward protected person 28 in said matter. 29 Sec. 15. Section 633.93, Code 2022, is amended to read as 30 follows: 31 633.93 Limitation on actions affecting deeds. 32 No action for recovery of any real estate sold by any 33 fiduciary can be maintained by any person claiming under the 34 deceased, the ward protected person , or a beneficiary, unless 35 -4- SF 348.4083 (2) 89 cm/jh 4/ 15

brought within five years after the date of the recording of 1 the conveyance. 2 Sec. 16. Section 633.112, Code 2022, is amended to read as 3 follows: 4 633.112 Discovery of property. 5 The court may require any person suspected of having 6 possession of any property, including records and documents, 7 of the decedent, ward protected person , or the estate, or of 8 having had such property under the person’s control, to appear 9 and submit to an examination under oath touching such matters, 10 and if on such examination it appears that the person has the 11 wrongful possession of any such property, the court may order 12 the delivery thereof to the fiduciary. Such a person shall be 13 liable to the estate for all damages caused by the person’s 14 acts. 15 Sec. 17. Section 633.123, subsection 1, paragraph b, 16 subparagraph (3), Code 2022, is amended to read as follows: 17 (3) The needs and rights of the beneficiaries or the ward 18 protected person . 19 Sec. 18. Section 633.580, subsections 1 and 4, Code 2022, 20 are amended to read as follows: 21 1. The name, age, and last known post office address of the 22 proposed ward protected person . 23 4. A general description of the property of the proposed 24 ward protected person within this state and of the proposed 25 ward’s protected person’s right to receive property; also, the 26 estimated present value of the real estate, the estimated value 27 of the personal property, and the estimated gross annual income 28 of the estate. If any money is payable, or to become payable, 29 to the proposed ward protected person by the United States 30 through the United States department of veterans affairs, the 31 petition shall so state. 32 Sec. 19. Section 633.591A, Code 2022, is amended to read as 33 follows: 34 633.591A Voluntary petition for appointment of conservator 35 -5- SF 348.4083 (2) 89 cm/jh 5/ 15

for a minor —— standby basis. 1 A person having physical and legal custody of a minor 2 may execute a verified petition for the appointment of a 3 standby conservator of the proposed ward’s protected person’s 4 property, upon the express condition that the petition shall 5 be acted upon by the court only upon the occurrence of an event 6 specified or the existence of a described condition of the 7 mental or physical health of the petitioner, the occurrence 8 of which event, or the existence of which condition, shall be 9 established in the manner directed in the petition. 10 Sec. 20. Section 633.603, Code 2022, is amended to read as 11 follows: 12 633.603 Appointment of foreign conservators. 13 When there is no conservatorship, nor any application 14 therefor pending, in this state, the duly qualified foreign 15 conservator or guardian of a nonresident ward protected 16 person may, upon application, be appointed conservator of the 17 property of such person in this state; provided that a resident 18 conservator is appointed to serve with the foreign conservator; 19 and provided further, that for good cause shown, the court 20 may appoint the foreign conservator to act alone without the 21 appointment of a resident conservator. 22 Sec. 21. Section 633.604, Code 2022, is amended to read as 23 follows: 24 633.604 Application. 25 The application for appointment of a foreign conservator 26 or guardian as conservator in this state shall include the 27 name and address of the nonresident ward protected person , and 28 of the nonresident conservator or guardian, and the name and 29 address of the resident conservator to be appointed. It shall 30 be accompanied by a certified copy of the original letters 31 or other authority conferring the power upon the foreign 32 conservator or guardian to act as such. The application 33 shall also state the cause for the appointment of the foreign 34 conservator to act as sole conservator, if such be the case. 35 -6- SF 348.4083 (2) 89 cm/jh 6/ 15

Sec. 22. Section 633.605, Code 2022, is amended to read as 1 follows: 2 633.605 Personal property. 3 A foreign conservator or guardian of a nonresident may 4 be authorized by the court of the county wherein such ward 5 protected person has personal property to receive the same upon 6 compliance with the provisions of sections 633.606 , 633.607 and 7 633.608 . 8 Sec. 23. Section 633.607, Code 2022, is amended to read as 9 follows: 10 633.607 Order for delivery. 11 Upon the filing of the bond as above provided, and the court 12 being satisfied with the amount thereof, it shall order the 13 personal property of the ward protected person delivered to 14 such conservator or guardian. 15 Sec. 24. Section 633.633, Code 2022, is amended to read as 16 follows: 17 633.633 Provisions applicable to all fiduciaries shall 18 govern. 19 The provisions of this probate code applicable to all 20 fiduciaries shall govern the appointment, qualification, oath 21 and bond of guardians and conservators, except that a guardian 22 shall not be required to give bond unless the court, for good 23 cause, finds that the best interests of the ward protected 24 person require a bond. The court shall then fix the terms and 25 conditions of such bond. 26 Sec. 25. Section 633.633B, Code 2022, is amended to read as 27 follows: 28 633.633B Tort liability of guardians and conservators. 29 The fact that a person is a guardian or conservator shall not 30 in itself make the person personally liable for damages for the 31 acts of the ward protected person . 32 Sec. 26. Section 633.636, Code 2022, is amended to read as 33 follows: 34 633.636 Effect of appointment of guardian or conservator. 35 -7- SF 348.4083 (2) 89 cm/jh 7/ 15

The appointment of a guardian or conservator shall not 1 constitute an adjudication that the ward protected person is of 2 unsound mind. 3 Sec. 27. Section 633.637, Code 2022, is amended to read as 4 follows: 5 633.637 Powers of ward protected person . 6 1. A ward protected person for whom a conservator has been 7 appointed shall not have the power to convey, encumber, or 8 dispose of property in any manner, other than by will if the 9 ward protected person possesses the requisite testamentary 10 capacity, unless the court determines that the ward protected 11 person has a limited ability to handle the ward’s protected 12 person’s own funds. If the court makes such a finding, the 13 court shall specify to what extent the ward protected person 14 may possess and use the ward’s protected person’s own funds. 15 2. Any modification of the powers of the ward protected 16 person that would be more restrictive of the ward’s protected 17 person’s control over the ward’s protected person’s financial 18 affairs shall be based upon clear and convincing evidence 19 and the burden of persuasion is on the conservator. Any 20 modification that would be less restrictive of the ward’s 21 protected person’s control over the ward’s protected person’s 22 financial affairs shall be based upon proof in accordance with 23 the requirements of section 633.675 . 24 Sec. 28. Section 633.637A, Code 2022, is amended to read as 25 follows: 26 633.637A Rights of ward protected person under guardianship. 27 An adult ward protected person under a guardianship has the 28 right of communication, visitation, or interaction with other 29 persons upon the consent of the adult ward protected person , 30 subject to section 633.635, subsection 2 , paragraph “i” , and 31 section 633.635, subsection 3 , paragraph “c” . If an adult ward 32 protected person is unable to give express consent to such 33 communication, visitation, or interaction with a person due 34 to a physical or mental condition, consent of an adult ward 35 -8- SF 348.4083 (2) 89 cm/jh 8/ 15

protected person may be presumed by a guardian or a court based 1 on an adult ward’s protected person’s prior relationship with 2 such person. 3 Sec. 29. Section 633.638, Code 2022, is amended to read as 4 follows: 5 633.638 Presumption of fraud. 6 If a conservator be appointed, all contracts, transfers and 7 gifts made by the ward protected person after the filing of the 8 petition shall be presumed to be a fraud against the rights 9 and interest of the ward protected person except as otherwise 10 directed by the court pursuant to section 633.637 . 11 Sec. 30. Section 633.639, Code 2022, is amended to read as 12 follows: 13 633.639 Title to ward’s protected person’s property. 14 The title to all property of the ward protected person is 15 in the ward protected person and not the conservator subject, 16 however, to the possession of the conservator and to the 17 control of the court for the purposes of administration, 18 sale or other disposition, under the provisions of the 19 law. Any real property titled at any time in the name of a 20 conservatorship shall be deemed to be titled in the ward’s 21 protected person’s name subject to the conservator’s right of 22 possession. 23 Sec. 31. Section 633.640, Code 2022, is amended to read as 24 follows: 25 633.640 Conservator’s right to possession. 26 Every conservator shall have a right to, and shall take, 27 possession of all of the real and personal property of the 28 ward protected person . The conservator shall pay the taxes 29 and collect the income therefrom until the conservatorship is 30 terminated. The conservator may maintain an action for the 31 possession of the property, and to determine the title to the 32 same. 33 Sec. 32. Section 633.643, Code 2022, is amended to read as 34 follows: 35 -9- SF 348.4083 (2) 89 cm/jh 9/ 15

633.643 Disposal of will by conservator. 1 When an instrument purporting to be the will of the ward 2 protected person comes into the hands of a conservator, the 3 conservator shall immediately deliver it to the court. 4 Sec. 33. Section 633.644, Code 2022, is amended to read as 5 follows: 6 633.644 Court order to preserve testamentary intent of ward 7 protected person . 8 Upon receiving an instrument purporting to be the will of a 9 living ward protected person under the provisions of section 10 633.643 , the court may open said will and read it. The court 11 with or without notice, as it may determine, may enter such 12 orders in the conservatorship as it deems advisable for the 13 proper administration of the conservatorship in light of the 14 expressed testamentary intent of the ward protected person . 15 Sec. 34. Section 633.645, Code 2022, is amended to read as 16 follows: 17 633.645 Court to deliver will to clerk. 18 An instrument purporting to be the will of a ward protected 19 person coming into the hands of the court under the provisions 20 of section 633.643 , shall thereafter be resealed by the court 21 and be deposited with the clerk to be held by said clerk as 22 provided in sections 633.286 through 633.289 . 23 Sec. 35. Section 633.653A, Code 2022, is amended to read as 24 follows: 25 633.653A Claims for cost of medical care or services. 26 The provision of medical care or services to a ward protected 27 person who is a recipient of medical assistance under chapter 28 249A creates a claim against the conservatorship for the amount 29 owed to the provider under the medical assistance program for 30 the care or services. The amount of the claim, after being 31 allowed or established as provided in this part, shall be paid 32 by the conservator from the assets of the conservatorship. 33 Sec. 36. Section 633.654, Code 2022, is amended to read as 34 follows: 35 -10- SF 348.4083 (2) 89 cm/jh 10/ 15

633.654 Form and verification of claims —— general 1 requirements. 2 No claim shall be allowed against the estate of a ward 3 protected person upon application of the claimant unless 4 it shall be in writing, filed in duplicate with the clerk, 5 stating the claimant’s name and address, and describing the 6 nature and the amount thereof, if ascertainable. It shall be 7 accompanied by the affidavit of the claimant, or of someone for 8 the claimant, that the amount is justly due, or if not due, 9 when it will or may become due, that no payments have been 10 made thereon which are not credited, and that there are no 11 offsets to the same, to the knowledge of the affiant, except as 12 therein stated. The duplicate of said claim shall be mailed 13 by the clerk to the conservator or the conservator’s attorney 14 of record; however, valid contract claims arising in the 15 ordinary course of the conduct of the business or affairs of 16 the ward protected person by the conservator may be paid by the 17 conservator without requiring affidavit or filing. 18 Sec. 37. Section 633.656, Code 2022, is amended to read as 19 follows: 20 633.656 How claim entitled. 21 All claims filed against the estate of the ward protected 22 person shall be entitled in the name of the claimant against 23 the conservator as such, naming the conservator, and in all 24 further proceedings thereon, this title shall be preserved. 25 Sec. 38. Section 633.660, Code 2022, is amended to read as 26 follows: 27 633.660 Execution and levy prohibited. 28 No execution shall issue upon, nor shall any levy be made 29 against, any property of the estate of a ward protected person 30 under any judgment against the ward protected person or a 31 conservator, but the provisions of this section shall not be so 32 construed as to prevent the enforcement of a mortgage, pledge, 33 or other lien upon property in an appropriate proceeding. 34 Sec. 39. Section 633.661, Code 2022, is amended to read as 35 -11- SF 348.4083 (2) 89 cm/jh 11/ 15

follows: 1 633.661 Claims of conservators. 2 If the conservator is a creditor of the ward, the conservator 3 shall file the claim as other creditors, and the court shall 4 appoint some competent person as temporary conservator to 5 represent the ward protected person at the hearing on the 6 conservator’s claim. The same procedure shall be followed in 7 the case of coconservators where all such conservators are 8 creditors of the ward protected person ; but if one of the 9 coconservators is not a creditor of the ward protected person , 10 such disinterested conservator shall represent the ward at the 11 hearing on any claim against the ward protected person by a 12 coconservator. 13 Sec. 40. Section 633.662, Code 2022, is amended to read as 14 follows: 15 633.662 Claims not filed. 16 The conservator may pay any valid claim against the estate of 17 the ward protected person even though such claim has not been 18 filed, but all such payments made by the conservator shall be 19 at the conservator’s own peril. 20 Sec. 41. Section 633.664, Code 2022, is amended to read as 21 follows: 22 633.664 Liens not affected by failure to file claim. 23 Nothing in sections 633.654 and 633.658 shall affect or 24 prevent an action or proceeding to enforce any mortgage, 25 pledge, or other lien upon the property of the ward protected 26 person . 27 Sec. 42. Section 633.665, Code 2022, is amended to read as 28 follows: 29 633.665 Separate actions and claims. 30 1. Any action pending against the ward protected person at 31 the time the conservator is appointed shall also be considered 32 a claim filed in the conservatorship if notice of substitution 33 is served on the conservator as defendant and a duplicate of 34 the proof of service of notice of such proceeding is filed in 35 -12- SF 348.4083 (2) 89 cm/jh 12/ 15

the conservatorship proceeding. 1 2. A separate action based on a debt or other liability 2 of the ward protected person may be commenced against the 3 conservator in lieu of filing a claim in the conservatorship. 4 Such an action shall be commenced by serving an original notice 5 on the conservator and filing a duplicate of the proof of 6 service of notice of such proceeding in the conservatorship 7 proceeding. Such an action shall also be considered a claim 8 filed in the conservatorship. Such an action may be commenced 9 only in a county where the venue would have been proper if 10 there were no conservatorship and the action had been commenced 11 against the ward protected person . 12 Sec. 43. Section 633.667, Code 2022, is amended to read as 13 follows: 14 633.667 Payment of claims in insolvent conservatorships. 15 When it appears that the assets in a conservatorship are 16 insufficient to pay in full all the claims against such 17 conservatorship, the conservator shall report such matter to 18 the court, and the court shall, upon hearing, with notice to 19 all persons who have filed claims in the conservatorship, make 20 an order for the pro rata payment of claims giving claimants 21 the same priority, if any, as they would have if the ward 22 protected person were not under conservatorship. 23 Sec. 44. Section 633.668, Code 2022, is amended to read as 24 follows: 25 633.668 Conservator may make gifts. 26 For good cause shown and under order of court, a conservator 27 may make gifts on behalf of the ward protected person out of 28 the assets under a conservatorship to persons or religious, 29 educational, scientific, charitable, or other nonprofit 30 organizations to whom or to which such gifts were regularly 31 made prior to the commencement of the conservatorship, or on 32 a showing to the court that such gifts would benefit the ward 33 protected person or the ward’s protected person’s estate from 34 the standpoint of income, gift, estate or inheritance taxes. 35 -13- SF 348.4083 (2) 89 cm/jh 13/ 15

The making of gifts out of the assets must not foreseeably 1 impair the ability to provide adequately for the best interests 2 of the ward protected person . 3 Sec. 45. Section 633.673, Code 2022, is amended to read as 4 follows: 5 633.673 Court costs in guardianships. 6 The ward protected person or the ward’s protected person’s 7 estate shall be charged with the court costs of a ward’s 8 guardianship, including the guardian’s fees and the fees of the 9 attorney for the guardian. The court may, upon application, 10 enter an order waiving payment of the court costs in indigent 11 cases. However, if the ward protected person or ward’s 12 protected person’s estate becomes financially capable of paying 13 any waived costs, the costs shall be paid immediately. 14 Sec. 46. Section 633.676, Code 2022, is amended to read as 15 follows: 16 633.676 Assets exhausted. 17 At any time that the assets of the ward’s protected person’s 18 estate do not exceed the amount of the charges and claims 19 against it, the court may direct the conservator to proceed to 20 terminate the conservatorship. 21 Sec. 47. Section 633.677, Code 2022, is amended to read as 22 follows: 23 633.677 Accounting to ward protected person —— notice. 24 Upon the termination of a conservatorship, the conservator 25 shall pay the costs of administration and shall render a full 26 and complete accounting to the ward protected person or the 27 ward’s protected person’s personal representative and to the 28 court. Notice of the final report of a conservator shall be 29 served on the ward protected person or the ward’s protected 30 person’s personal representative, in accordance with section 31 633.40 , unless notice is waived. An order prescribing notice 32 may be made before or after the filing of the final report. 33 Sec. 48. Section 633.682, Code 2022, is amended to read as 34 follows: 35 -14- SF 348.4083 (2) 89 cm/jh 14/ 15

633.682 Discharge of conservator and release of bond. 1 Upon settlement of the final accounting of a conservator, 2 and upon determining that the property of the ward protected 3 person has been delivered to the person or persons lawfully 4 entitled thereto, the court shall discharge the conservator and 5 exonerate the surety on the conservator’s bond. > 6 2. Title page, by striking lines 1 and 2 and inserting < An 7 Act relating to reporting requirements and guardian ad litems 8 in adult and minor guardianships and conservatorships. > 9 ______________________________ HITE of Mahaska -15- SF 348.4083 (2) 89 cm/jh 15/ 15 #2.