Senate File 348 S-3047 Amend Senate File 348 as follows: 1 1. Page 3, by striking lines 20 through 24 and inserting: 2 < An order by the court appointing a guardian for a minor 3 shall state the powers granted to the guardian until such 4 time as the guardian files an initial care plan and such plan 5 is approved by the court as required by section 232D.501, 6 subsection 4 . Except as otherwise limited by court an order 7 appointing a guardian for a minor , the court may grant the 8 guardian the following powers , which may be exercised without 9 prior court approval : > 10 2. Page 4, by striking lines 5 through 8 and inserting: 11 < NEW SUBSECTION . 5. The guardian shall provide a copy 12 of the verified initial care plan and verified annual report 13 required by this section to the protected person, the protected 14 person’s attorney, if any, and court visitor, if any. > 15 3. Page 9, line 23, by striking < Based upon the evidence 16 produced at the hearing > and inserting < Based upon the evidence 17 produced at the hearing An order by the court appointing a 18 guardian for an adult shall state the powers granted to the 19 guardian until such time as the guardian files an initial 20 care plan and such plan is approved by the court as required 21 by section 633.669. Except as otherwise limited by an order 22 appointing a guardian for an adult > 23 4. Page 9, lines 24 and 25, by striking < and duties with 24 respect to a protected person > and inserting < and duties with 25 respect to a protected person > 26 5. By striking page 9, line 32, through page 10, line 35. 27 6. Page 11, by striking lines 16 through 27 and inserting: 28 < Sec. ___. Section 633.642, Code 2021, is amended by 29 striking the section and inserting in lieu thereof the 30 following: 31 633.642 Powers of conservator. 32 1. An order by the court appointing a conservator shall 33 state the basis for the conservatorship pursuant to section 34 633.553 or section 633.554. 35 -1- SF348.746 (2) 89 cm/jh 1/ 3 #1. #2. #3. #4. #5. #6.
2. Upon appointment by the court, and until such time as the 1 conservator files an initial financial management plan and such 2 plan is approved by the court as required by section 633.670, 3 subsection 1, a conservator has the authority to exercise all 4 powers applicable to fiduciaries pursuant to sections 633.63 5 through 633.162, unless expressly modified by the court. 6 3. In the order approving an initial financial management 7 plan or an annual report, the court shall approve and set forth 8 the specific powers of a conservator, which may be thereafter 9 exercised by the conservator until further court order. Except 10 as otherwise ordered by the court, a conservator must give 11 notice to persons entitled to notice and receive specific prior 12 authorization by the court before the conservator may take any 13 other action on behalf of the protected person. 14 4. Upon the filing of an appropriate oath by the 15 conservator, the clerk of court shall issue letters of 16 appointment. A copy of the initial order of the court shall 17 be attached to the letters of appointment. Upon approval of 18 an initial financial management plan, approval of an annual 19 report, or further order of the court granting, modifying, 20 limiting, or terminating powers of the conservator, the clerk 21 of court shall issue new letters of appointment which shall 22 reflect all powers thereafter held by the conservator. > 23 7. Page 14, by striking lines 19 through 21 and inserting: 24 < 6. The guardian shall provide a copy of the reports 25 required by this section to the protected person, the protected 26 person’s attorney, if any, and the court visitor, if any. > 27 8. Page 21, line 1, after < The > by inserting < conservator 28 shall provide a copy of the > 29 9. Page 21, lines 3 and 4, by striking < shall be served , 30 annually, on > and inserting < shall be served on to > 31 10. By renumbering as necessary. 32 -2- SF348.746 (2) 89 cm/jh 2/ 3 #7. #8. #9.
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