H-8308

   Amend  the amendment, H-8269, to Senate File 348, as amended, passed, and reprinted by the Senate, as follows:
   1.  By striking page 1, line 5, through page 3, line 19, and inserting: 
<DIVISION I
MINOR GUARDIANSHIPS

   Section 1.  Section 232.3, subsection 1, Code 2022, is amended to read as follows:
   1.  During the pendency of an action under this chapter, a party to the action is estopped from litigating concurrently the custody, guardianship, or placement of a child who is the subject of the action, in a court other than the juvenile court with jurisdiction of the pending action under this chapter. A district judge, district associate judge, juvenile court judge, magistrate, or judicial hospitalization referee, upon notice of the pendency of an action under this chapter, shall not issue an order, finding, or decision relating to the custody, guardianship, or placement of the child who is the subject of the action, under any law, including but not limited to chapter 232D, 598, or 598B, or 633.
   Sec. 2.  Section 232.3, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  An action which is pending under chapter 232D prior to an action being brought under this chapter shall be stayed by the court in the chapter 232D action unless the court follows the procedures in subsection 2 and authorizes a party to the action to litigate a specific issue under this chapter.
   Sec. 3.  Section 232D.103, Code 2022, is amended to read as follows:
   232D.103  Jurisdiction.
   The juvenile court has exclusive jurisdiction in a guardianship proceeding concerning a minor who is alleged to be in need of a guardianship and guardianships of minors.
   Sec. 4.  NEW SECTION.  232D.107  Confidentiality.
   Official juvenile court records in guardianship proceedings shall be confidential and are not public records. Confidential records may be inspected and their contents shall be disclosed to the following without court order, provided that a person or entity who inspects or receives a confidential record under this section shall not disclose the confidential record or its contents unless required by law:
   1.  The judge and professional court staff.
   2.  The minor and the minor’s counsel.
   3.  The minor’s parent, guardian or custodian, court visitor, and any counsel representing such person.
   Sec. 5.  Section 232D.301, subsection 2, paragraph d, subparagraph (3), Code 2022, is amended to read as follows:
   (3)  Any adult who has had the primary care of the minor or with whom the minor has lived for at least any time during the six months prior to immediately preceding the filing of the petition.
   Sec. 6.  Section 232D.301, subsection 4, Code 2022, is amended to read as follows:
   4.  The petition shall state whether a limited guardianship is appropriate, and whether a conservatorship for the minor is already in existence.
   Sec. 7.  Section 232D.302, subsection 2, Code 2022, is amended to read as follows:
   2.  Notice shall be served upon the minor’s known parents listed in the petition in accordance with the rules of civil procedure.  If the parent has not filed a consent to the appointment of a guardian, the notice shall inform any parent named in the petition that the parent may be entitled to representation under the conditions described in section 232D.304.
   Sec. 8.  Section 232D.305, subsection 1, Code 2022, is amended to read as follows:
   1.  The court may appoint a court visitor for the minor.  A person is qualified to serve as a court visitor if the court determines the person has demonstrated sufficient knowledge of guardianships to adequately perform the duties in subsection 3.
   Sec. 9.  Section 232D.305, subsection 3, paragraph b, Code 2022, is amended to read as follows:
   b.  Explaining to the minor, if the minor’s age is appropriate, the substance of the petition, the purpose and effect of the guardianship proceeding, the rights of the minor at the hearing, and the general powers and duties of a guardian.
   Sec. 10.  Section 232D.305, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  The court may order a court visitor to continue to serve if the court determines continued service would be in the best interest of the minor. If the court continues the services of the court visitor, the court may limit the direct duties of the court visitor as the court deems necessary in which case the court visitor shall thereafter continue to serve until discharged by the court. If the court does not order the court visitor to continue, the order appointing the guardian shall discharge the court visitor.
   Sec. 11.  Section 232D.306, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A hearing on the petition may be recorded if a court reporter is not used.
   Sec. 12.  Section 232D.307, subsection 1, Code 2022, is amended to read as follows:
   1.  The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sex offender registries in this state for all proposed guardians other than financial institutions with Iowa trust powers unless a proposed guardian has undergone the required background checks in this section within the twelve six months prior to the filing of a petition and the background check has been provided to the court.
   Sec. 13.  Section 232D.401, subsection 1, Code 2022, is amended to read as follows:
   1.  The order by the court appointing a guardian for a minor shall state the basis for the order and the date on which the first reporting period for the guardianship will end.
   Sec. 14.  Section 232D.401, subsection 3, unnumbered paragraph 1, Code 2022, is amended to read as follows:
   An order by the court appointing a guardian for a minor shall state the powers granted to the guardian until such time as the guardian files an initial care plan and such plan is approved by the court as required by section 232D.501, subsection 4. Except as otherwise limited by court an order appointing a guardian for a minor, the court may grant the guardian the following powers, which may be exercised without prior court approval:
   Sec. 15.  Section 232D.501, subsection 1, paragraph a, Code 2022, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (2A)  The guardian’s plan, if any, for applying for and receiving funds and benefits payable for the support of the minor.
   Sec. 16.  Section 232D.501, subsection 1, paragraph b, Code 2022, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (11)  The results of the guardian’s efforts to apply for funds or benefits for the minor, and an accounting for the use of such funds or benefits by the guardian.
   NEW SUBPARAGRAPH.  (12)  Any other information the guardian deems necessary for the court to consider. 
   Sec. 17.  Section 232D.501, Code 2022, is amended by adding the following new subsections:
   NEW SUBSECTION.  5.  The guardian shall provide a copy of the verified initial care plan and verified annual report required by this section to the protected person, the protected person’s attorney, if any, and court visitor, if any.
   NEW SUBSECTION.  6.  The court, for good cause, may extend the deadline for filing required reports. Required reports of a guardian which are not timely filed and which are delinquent, and for which no extension for filing has been granted by the court, shall be administered in the same manner as provided in section 633.32. 
DIVISION II
ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS

   Sec. 18.  Section 235B.6, subsection 2, paragraph d, Code 2022, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  To a district court conducting checks of the dependent adult abuse registry for all proposed guardians and conservators pursuant to section 633.564.
   Sec. 19.  Section 633.556, subsections 4, 5, and 8, Code 2022, are amended to read as follows:
   4.  The petition shall list the name and address of the petitioner and the petitioner’s relationship to the respondent following:
   a.  The respondent.
   b.  The petitioner and the petitioner’s relationship to the respondent.
   c.  The proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.
   5.  The petition shall list the name and address, to the extent known, of the following:
   a.  The name and address of the proposed guardian and the reason the proposed guardian should be selected.
   b.  a.  Any spouse of the respondent.
   c.  b.  Any adult children of the respondent.
   d.  c.  Any parents of the respondent.
   e.  d.  Any adult, who has had the primary care of the respondent or with whom the respondent has lived for at least any time during the six months prior to immediately preceding the filing of the petition, or any institution or facility where the respondent has resided for at least six months prior to any time during the six months immediately preceding the filing of the petition.
   f.  e.  Any legal representative or representative payee of the respondent.
   g.  f.  Any person designated as an attorney in fact in a durable power of attorney for health care which is valid under chapter 144B, or any person designated as an agent in a durable power of attorney which is valid under chapter 633B.
   8.  The petition shall provide a brief description of the respondent’s alleged functional limitations that make the respondent unable to communicate or carry out important decisions concerning the respondent’s financial affairs if the petition is for appointment of a conservator for an adult respondent, or unable to care for the respondent’s safety or provide for necessities such as food, shelter, clothing, or medical care without which physical injury or illness may occur if the petition requests the appointment of a guardian.
   Sec. 20.  Section 633.560, subsection 3, Code 2022, is amended to read as follows:
   3.  The court shall require the proposed guardian or conservator to attend the hearing on the petition but the court may excuse the proposed guardian’s or conservator’s attendance for good cause shown.
   Sec. 21.  Section 633.561, subsection 6, Code 2022, is amended to read as follows:
   6.  If the court determines that it would be in the respondent’s best interest to have legal representation with respect to any further proceedings in a guardianship or conservatorship, the court may appoint an attorney to represent the respondent at the expense of the respondent or the respondent’s estate, or if the respondent is indigent the cost of the court appointed attorney shall be assessed against the county in which the proceedings are pending.
   Sec. 22.  Section 633.562, subsection 1, Code 2022, is amended to read as follows:
   1.  If the court determines that the appointment of a court visitor would be in the best interest of the respondent, the court shall appoint a court visitor at the expense of the respondent or the respondent’s estate, or, if the respondent is indigent, the cost of the court visitor shall be assessed against the county in which the proceedings are pending. The court may appoint any qualified person as a court visitor in a guardianship or conservatorship proceeding.  A person is qualified to serve in this capacity if the court determines the person has demonstrated sufficient knowledge of guardianships or conservatorships to adequately perform the duties in subsection 3.
   Sec. 23.  Section 633.562, subsection 3, paragraph b, Code 2022, is amended to read as follows:
   b.  Explaining to the respondent the substance of the petition, the purpose and effect of the guardianship or conservatorship proceeding, the rights of the respondent at the hearing, and the general powers and duties of a guardian or conservator.
   Sec. 24.  Section 633.562, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  A court visitor shall be discharged from all further duties upon appointment of a guardian or conservator, unless otherwise ordered by the court. The court may order a court visitor to continue to serve if the court determines continued service would be in the best interest of the protected person. If the court continues the service of the court visitor, the court may limit the direct duties of the court visitor as the court deems necessary. The court visitor shall thereafter continue to serve until discharged by the court. 
   Sec. 25.  Section 633.563, subsection 1, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The petition is for opening a conservatorship for a minor.
   Sec. 26.  Section 633.564, subsection 1, Code 2022, is amended to read as follows:
   1.  The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sexual offender registries in this state for all proposed guardians and conservators, other than financial institutions with Iowa trust powers, unless a proposed guardian or conservator has undergone the required background checks required by this section within the six months prior to the filing of a petition and the background check has been provided to the court.
   Sec. 27.  Section 633.569, Code 2022, is amended to read as follows:
   633.569  Emergency appointment of temporary guardian or conservator.
   1.  A person authorized to file a petition under section 633.552, 633.553, or 633.554 633.556 or 633.557 may file an application for the emergency appointment of a temporary guardian or conservator.
   2.  Such application shall state all of the following:
   a.  The name and address of the respondent.
   0b.  The name and address of the petitioner and the petitioner’s relationship to the respondent.
   b.  The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.
   0c.  The names and addresses, to the extent known, of any other persons who must be named in the petition for appointment of a guardian or conservator under section 633.556 or 633.557.
   c.  The reason the emergency appointment of a temporary guardian or conservator is sought.
   3.  The court may enter an ex parte order appointing a temporary guardian or conservator on an emergency basis under this section if the court finds that all of the following conditions are met:
   a.  There is not sufficient time to file a petition and hold a hearing pursuant to section 633.552, 633.553, or 633.554 633.556, 633.557, or 633.560.
   b.  The appointment of a temporary guardian or conservator is necessary to avoid immediate or irreparable harm to the respondent before a hearing with notice to the respondent can be held.
   c.  There is reason to believe that the basis for appointment of guardian or conservator exists under section 633.552, 633.553, or 633.554 633.556 or 633.557.
   4.  Notice of a petition for the appointment of a temporary guardian or conservator and the issuance of an ex parte order appointing a temporary guardian or conservator shall be provided to the respondent, the respondent’s attorney, and any other person the court determines should receive notice.
   5.  Upon the issuance of an ex parte order, if the respondent is an adult, the respondent may file a request for a hearing. If the respondent is a minor, the respondent, a parent having legal custody of the respondent, or any other person having legal custody of the respondent may file a written request for a hearing. Such hearing shall be held no later than seven days after the filing of a written request.
   6.  The powers of the temporary guardian or conservator set forth in the order of the court shall be limited to those necessary to address the emergency situation requiring the appointment of a temporary guardian or conservator.
   7.  The temporary guardianship or conservatorship shall terminate within thirty days after the order is issued.
   8.  The court may order an extension of the temporary guardianship or conservatorship for good cause shown. Prior to or contemporaneously with the filing for an application for the extension of time, the guardian or conservator shall file a report with the court setting forth all of the following:
   a.  All actions conducted by the guardian or conservator on behalf of the protected person from the time of the initial appointment of the guardian up to the time of the report.
   b.  All actions that the guardian or conservator plans to conduct on behalf of the protected person during the extension period.
   9.  The temporary guardian or conservator shall submit any other report the court requires.
   Sec. 28.  Section 633.570, subsections 1 and 2, Code 2022, are amended to read as follows:
   1.  In a proceeding for the appointment of a guardian, the respondent shall be given written notice which advises the respondent of the powers that the court may grant a guardian may exercise without court approval pursuant to the powers set out in section 633.635, subsection 2, and the powers that the guardian may exercise only with court approval pursuant to set out in section 633.635, subsection 3.
   2.  In a proceeding for the appointment of a conservator, the respondent shall be given written notice which advises the respondent of the powers that the court may grant a conservator may exercise without court approval pursuant to section 633.646 and the powers that the guardian may exercise only with court approval pursuant to section 633.647 the powers set out in sections 633.641 and 633.642.
   Sec. 29.  Section 633.635, subsection 1, Code 2022, is amended to read as follows:
   1.  The order by the court appointing a guardian shall state the factual basis for the guardianship pursuant to section 633.552 and the date on which the first reporting period for the guardianship shall end.
   Sec. 30.  Section 633.635, subsection 2, unnumbered paragraph 1, Code 2022, is amended to read as follows:
   Based upon the evidence produced at the hearing An order by the court appointing a guardian for an adult shall state the powers granted to the guardian until such time as the guardian files an initial care plan and such plan is approved by the court as required by section 633.669. Except as otherwise limited by an order appointing a guardian for an adult, the court may grant a guardian the following powers and duties with respect to a protected person which may be exercised without prior court approval:
   Sec. 31.  Section 633.635, subsection 3, unnumbered paragraph 1, Code 2022, is amended to read as follows:
   A Notwithstanding subsection 2, a guardian may be granted the following powers which may only be exercised upon court approval:
   Sec. 32.  Section 633.641, subsection 3, Code 2022, is amended to read as follows:
   3.  If the court appoints a conservator for a protected person who has previously executed a valid power of attorney under chapter 633B, the conservator shall act in accordance with the applicable provisions of chapter 633B the power of attorney is suspended unless the power of attorney provides otherwise or unless the court determines the power of attorney should continue.  If the power of attorney continues, the agent is accountable to the conservator as well as to the protected person. The power of attorney shall be reinstated upon termination of the conservatorship as a result of the protected person regaining capacity.
   Sec. 33.  Section 633.642, Code 2022, is amended by striking the section and inserting in lieu thereof the following:
   633.642  Powers of conservator. 
   1.  An order by the court appointing a conservator shall state the basis for the conservatorship pursuant to section 633.553 or section 633.554.
   2.  Upon appointment by the court, and until such time as the conservator files an initial financial management plan and such plan is approved by the court as required by section 633.670, subsection 1, a conservator has the authority to exercise all powers applicable to fiduciaries pursuant to sections 633.63 through 633.162, unless expressly modified by the court.
   3.  In the order approving an initial financial management plan or an annual report, the court shall approve and set forth the specific powers of a conservator, which may be thereafter exercised by the conservator until further court order. Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice and receive specific prior authorization by the court before the conservator may take any other action on behalf of the protected person.
   4.  Upon the filing of an appropriate oath by the conservator, the clerk of court shall issue letters of appointment. A copy of the initial order of the court shall be attached to the letters of appointment.
   Sec. 34.  Section 633.669, Code 2022, is amended to read as follows:
   633.669  Reporting requirements —— assistance Reports by clerk guardians.
   1.  The court shall assign a guardianship created under this chapter, and may reassign as necessary in the court’s discretion, to one of following reporting tiers:
   a.  Tier I: A guardian assigned a tier I guardianship shall file with the court a verified annual report which shall not be waived by the court. The annual report shall include all of the following:
   (1)  The current mental and physical condition of the protected person. 
   (2)  The present living arrangement of the protected person, including a description of each residence where the protected person has resided during the reporting period. 
   (3)  A summary of the medical, educational, vocational and technical, and other professional services provided for the protected person. 
   (4)  A description of the guardian’s visits with and activities on behalf of the protected person. 
   (5)  A recommendation as to the need for continued guardianship. 
   (6)  Other information requested by the court or useful in the opinion of the guardian.
   b.  A guardian appointed by the court under this chapter assigned a tier II guardianship shall file with the court the following written verified reports which shall not be waived by the court:
   a.  (1)  An initial care plan filed within sixty days of appointment. The information in the initial care plan shall include but not be limited to the following information:
   (1)  (a)  The current residence of the protected person and the guardian’s plan for the protected person’s living arrangements.
   (2)  (b)  The guardian’s plan for payment of the protected person’s living expenses and other expenses.
   (3)  (c)  The protected person’s health status and health care needs, and the guardian’s plan for meeting the protected person’s needs for medical, dental, and other health care needs.
   (3A)  (d)  Whether the protected person has a living will or health care power of attorney.
   (4)  (e)  If applicable, the protected person’s need for other professional services for mental, behavioral, or emotional health, and the guardian’s plan for other professional services needed by the protected person.
   (5)  (f)  If applicable, the protected person’s employment status, the protected person’s need for educational, training, or vocational services, and the guardian’s plan for meeting the educational, training, and vocational needs of the protected person.
   (6)  (g)  If applicable, the guardian’s plan for facilitating the participation of the protected person in social activities.
   (7)  (h)  The guardian’s plan for facilitating contacts between the protected person and the protected person’s family members and other significant persons significant in the life of the protected person.
   (8)  (i)  The guardian’s plan for contact with, and activities on behalf of, the protected person.
   (j)  The powers that the guardian requests to carry out the initial care plan.
   (k)  The guardian shall file an amended plan when there has been a significant change in the circumstances or the guardian seeks to deviate significantly from the plan. The guardian must obtain court approval of the amended plan before implementing any of its provisions.
   b.  (2)  An annual report, filed within sixty days of the close of the reporting period, unless the court otherwise orders on good cause shown. The information in the annual report shall include but not be limited to the following information:
   (1)  (a)  The current living arrangements of the protected person.
   (2)  (b)  The sources of payment for the protected person’s living expenses and other expenses.
   (3)  (c)  A description, if applicable, of the following:
   (a)  (i)  The protected person’s physical and mental health status and the medical, dental, and other professional health services provided to the protected person.
   (b)  (ii)  If applicable, the protected person’s employment status and the educational, training, and vocational services provided to the protected person.
   (iii)  The guardian’s facilitation of the participation of the protected person in social activities.
   (c)  (iv)  The contact of the protected person with family members and other significant persons.
   (d)  (v)  The nature and extent of the guardian’s visits with, and activities on behalf of, the protected person.
   (4)  (d)  The guardian’s recommendation as to the need for continuation of the guardianship.
   (5)  (e)  The ability of the guardian to continue as guardian.
   (6)  (f)  The need of the guardian for assistance in providing or arranging for the provision of the care and protection of the protected person.
   (g)  Any other information the guardian deems necessary for the court to consider.
   c.  1A.  A The guardian under a tier I or II guardianship shall file a final report within thirty days of the termination of the guardianship under section 633.675 unless that time is extended by the court.
   2.  The court shall develop a simplified uniform reporting form for use in filing the required reports.
   3.  The clerk of the court shall notify the guardian in writing of the reporting requirements and shall provide information and assistance to the guardian in filing the reports.
   4.  Reports of guardians shall be reviewed and approved by a district court judge or referee.
   5.  The court, for good cause, may extend the deadline for filing required reports. Required reports of a guardian which are not timely filed and which are delinquent, and for which no extension for filing has been granted by the court, shall be administered as provided in section 633.32.
   6.  The guardian shall provide a copy of the reports required by this section to the protected person, the protected person’s attorney, if any, and the court visitor, if any.
   Sec. 35.  Section 633.670, Code 2022, is amended to read as follows:
   633.670  Reports by conservators.
   1.  The court shall assign a conservatorship created under this chapter, and may reassign as necessary in the court’s discretion, to one of following reporting tiers: 
   a.  Tier I: A conservator assigned a tier I conservatorship shall file with the court a verified annual report which shall not be waived by the court. The annual report shall include all of the following:
   (1)  The balance of funds on hand at the close of the last previous accounting, and all amounts received from any source during the period covered by the accounting.
   (2)  All disbursements made during the period covered by the accounting.
   (3)  Any changes in investments since the last previous report, including a list of all assets, and recommendations of the conservator for the retention or disposition of any property held by the conservator.
   (4)  The amount of the bond and the name of the surety on the bond.
   (5)  The residence or physical location of the protected person.
   (6)  The general physical and mental condition of the protected person.
   (7)  Such other information as shall be necessary to show the condition of the affairs of the conservatorship.
   b.  Tier II:  A conservator assigned a tier II conservatorship shall file an with the court a verified initial financial management plan for protecting, managing, investing, expending, and distributing the assets of the conservatorship estate within ninety days after appointment which shall not be waived by the court. The plan must be based on the needs of the protected person and take into account the best interest of the protected person as well as the protected person’s preference, values, and prior directions to the extent known to, or reasonably ascertainable by, the conservator.
   a.  c.  The initial plan shall include all of the following:  The initial financial management plan required pursuant to paragraph “b” shall state the protected person’s age, residence, living arrangements, and sources of payment for living expenses.
   (1)  A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the protected person.
   (2)  A statement as to how the conservator will involve the protected person in decisions about management of the conservatorship estate.
   (3)  If ordered by the court, any step the conservator plans to take to develop or restore the ability of the protected person to manage the conservatorship estate.
   (4)  An estimate of the duration of the conservatorship.
   d.  If applicable, the protected person’s will shall be filed with the court clerk and the protected person’s prepaid burial trust and powers of attorney shall be described.
   b.  e.  Within two days after filing the initial plan, the The conservator shall give provide notice of the filing of the initial plan with required pursuant to paragraph “b” and a copy of the initial plan to the protected person, the protected person’s attorney, if any, and court visitor, if any, and others as directed by the court. The notice must state that any person entitled to a copy of the plan must file any objections to the plan not later than fifteen days after it is filed twenty days from the date of mailing notice of filing the initial plan.
   c.  f.  At least twenty days after the initial plan required pursuant to paragraph “b” has been filed, the court shall review and determine whether the plan should be approved or revised, after considering objections filed and whether the plan is consistent with the conservator’s powers and duties.
   d.  g.  After approval of the initial plan required pursuant to paragraph “b” by the court, the conservator shall provide a copy of the approved plan and order approving the plan to the protected person, the protected person’s attorney, if any, and court visitor, if any, and others as directed by the court.
   e.  h.  The conservator assigned to a tier II conservatorship shall file an amended plan when there has been a significant change in circumstances or the conservator seeks to deviate significantly from the plan. Before the amended plan is implemented, the provisions for court approval of the plan shall be followed as provided in paragraphs “b”, “c”, and “d”

the initial financial management plan.
   2.  A conservator shall file an inventory of the protected person’s assets within ninety days after appointment which includes an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. Copies of the inventory shall be provided to the protected person, the protected person’s attorney and court visitor, if any, and others as directed by the court. When the conservator receives additional property of the protected person, or becomes aware of its existence, a description of the property shall be included in the conservator’s next annual report.  A conservator assigned to a tier II conservatorship shall attach to the initial financial management plan an inventory of the protected person’s assets and debts, which includes an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator shall provide copies of the inventory to the protected person, the protected person’s attorney, if any, and the court visitor, if any, and others as directed by the court. Any objections to the inventory shall be filed in the same manner and according to the same schedule as objections to the initial financial management plan. The court shall review the inventory and determine whether the inventory should be approved at the same time as the court reviews the initial financial management plan. When the conservator receives an additional asset of the protected person or becomes aware of its existence, or becomes aware of additional debt of the protected person, a description of the asset or debt shall be included in the conservator’s next annual report.
   3.  a.  A conservator assigned to a tier II conservatorship shall file a written and verified report on an annual basis for the period since the end of the preceding report period. The court which shall not waive these reports be waived by the court.
   a.  b.  These reports shall include all of the following:

The annual report required by this paragraph shall state the age, the residence, and the living arrangements of the protected person, and sources of payment for the protected person’s living expenses during the reporting period.
   (1)  Balance of funds on hand at the beginning and end of the period.
   (2)  Disbursements made.
   (3)  Changes in the conservator’s plan.
   (4)  List of assets as of the end of the period.
   (5)  Bond amount and surety’s name.
   (6)  Residence and physical location of the protected person.
   (7)  General physical and mental condition of the protected person.
   (8)  Other information reflecting the condition of the conservatorship estate.
   b.  c.  These reports shall be filed:  The conservator shall submit with the annual report required by this paragraph an inventory of the assets of the protected person as of the last day of the reporting period the total value of assets at the beginning and end of the reporting period.
   (1)  On an annual basis within sixty days of the end of the reporting period unless the court orders an extension for good cause shown in accordance with the rules of probate procedure.
   4.  The conservator assigned a tier I or II conservatorship shall file a verified final report with the court as follows:
   (2)  a.  Within thirty days following removal of the conservator.
   (3)  b.  Upon the conservator’s filing of a resignation and before the resignation is accepted by the court.
   (4)  c.  Within sixty days following the termination of the conservatorship.
   (5)  d.  At other times as ordered by the court.
   c.  5.  Reports required by this section shall be served on The conservator shall provide a copy of the initial financial management plan, if applicable, the inventory of the protected person’s assets, if applicable, and the annual report to the protected person, the protected person’s attorney, if any, and court visitor, if any, and the veterans administration if the protected person is receiving veterans veterans’ benefits.
   6.  The court, for good cause, may extend the deadline for filing required reports. Required reports of a conservator which are not timely filed and which are delinquent, and for which no extension for filing has been granted by the court, shall be administered as provided in section 633.32.
   7.  Reports of conservators shall be reviewed and approved by a district court judge or referee.
   Sec. 36.  Section 633.675, subsections 2, 3, and 5, Code 2022, are amended to read as follows:
   2.  The court shall terminate a guardianship for an adult if it the court finds by clear and convincing evidence that the basis for appointing a guardian pursuant to section 633.552 has not been established.
   3.  The court shall terminate a conservatorship if the court finds by clear and convincing evidence that the basis for appointing a conservator pursuant to section 633.553 or 633.554 is not satisfied.
   5.  The standard of proof and the burden of proof to be applied in a termination proceeding to terminate a guardianship or conservatorship for an adult shall be the same as set forth in section 633.551, subsection 2.>
   2.  Page 15, by striking lines 7 through 9.
   3.  By renumbering as necessary.

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HITE of Mahaska