House Amendment to Senate File 348 S-5111 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. Section 232.3, subsection 1, Code 2022, is 7 amended to read as follows: 8 1. During the pendency of an action under this chapter , a 9 party to the action is estopped from litigating concurrently 10 the custody, guardianship, or placement of a child who is the 11 subject of the action, in a court other than the juvenile court 12 with jurisdiction of the pending action under this chapter . A 13 district judge, district associate judge, juvenile court judge, 14 magistrate, or judicial hospitalization referee, upon notice 15 of the pendency of an action under this chapter , shall not 16 issue an order, finding, or decision relating to the custody, 17 guardianship, or placement of the child who is the subject of 18 the action, under any law, including but not limited to chapter 19 232D, 598, or 598B , or 633 . 20 Sec. 2. Section 232.3, Code 2022, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3. An action which is pending under chapter 23 232D prior to an action being brought under this chapter shall 24 be stayed by the court in the chapter 232D action unless the 25 court follows the procedures in subsection 2 and authorizes a 26 party to the action to litigate a specific issue under this 27 chapter. 28 Sec. 3. Section 232D.103, Code 2022, is amended to read as 29 follows: 30 232D.103 Jurisdiction. 31 The juvenile court has exclusive jurisdiction in a 32 guardianship proceeding concerning a minor who is alleged to be 33 in need of a guardianship and guardianships of minors . 34 Sec. 4. NEW SECTION . 232D.107 Confidentiality. 35 -1- SF 348.4213.H (3) 89 md 1/ 32 #1.

Official juvenile court records in guardianship proceedings 1 shall be confidential and are not public records. Confidential 2 records may be inspected and their contents shall be disclosed 3 to the following without court order, provided that a person 4 or entity who inspects or receives a confidential record under 5 this section shall not disclose the confidential record or its 6 contents unless required by law: 7 1. The judge and professional court staff. 8 2. The minor and the minor’s counsel. 9 3. The minor’s parent, guardian or custodian, court 10 visitor, and any counsel representing such person. 11 Sec. 5. Section 232D.301, subsection 2, paragraph d, 12 subparagraph (3), Code 2022, is amended to read as follows: 13 (3) Any adult who has had the primary care of the minor or 14 with whom the minor has lived for at least any time during the 15 six months prior to immediately preceding the filing of the 16 petition. 17 Sec. 6. Section 232D.301, subsection 4, Code 2022, is 18 amended to read as follows: 19 4. The petition shall state whether a limited guardianship 20 is appropriate , and whether a conservatorship for the minor is 21 already in existence . 22 Sec. 7. Section 232D.302, subsection 2, Code 2022, is 23 amended to read as follows: 24 2. Notice shall be served upon the minor’s known parents 25 listed in the petition in accordance with the rules of civil 26 procedure. If the parent has not filed a consent to the 27 appointment of a guardian, the notice shall inform any parent 28 named in the petition that the parent may be entitled to 29 representation under the conditions described in section 30 232D.304. 31 Sec. 8. Section 232D.305, subsection 1, Code 2022, is 32 amended to read as follows: 33 1. The court may appoint a court visitor for the minor. A 34 person is qualified to serve as a court visitor if the court 35 -2- SF 348.4213.H (3) 89 md 2/ 32

determines the person has demonstrated sufficient knowledge of 1 guardianships to adequately perform the duties in subsection 3. 2 Sec. 9. Section 232D.305, subsection 3, paragraph b, Code 3 2022, is amended to read as follows: 4 b. Explaining to the minor, if the minor’s age is 5 appropriate, the substance of the petition, the purpose and 6 effect of the guardianship proceeding, the rights of the 7 minor at the hearing, and the general powers and duties of a 8 guardian. 9 Sec. 10. Section 232D.305, Code 2022, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 6. The court may order a court visitor to 12 continue to serve if the court determines continued service 13 would be in the best interest of the minor. If the court 14 continues the services of the court visitor, the court may 15 limit the direct duties of the court visitor as the court deems 16 necessary in which case the court visitor shall thereafter 17 continue to serve until discharged by the court. If the 18 court does not order the court visitor to continue, the order 19 appointing the guardian shall discharge the court visitor. 20 Sec. 11. Section 232D.306, Code 2022, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 4. A hearing on the petition may be 23 recorded if a court reporter is not used. 24 Sec. 12. Section 232D.307, subsection 1, Code 2022, is 25 amended to read as follows: 26 1. The court shall request criminal record checks and checks 27 of the child abuse, dependent adult abuse, and sex offender 28 registries in this state for all proposed guardians other than 29 financial institutions with Iowa trust powers unless a proposed 30 guardian has undergone the required background checks in this 31 section within the twelve six months prior to the filing of 32 a petition and the background check has been provided to the 33 court . 34 Sec. 13. Section 232D.401, subsection 1, Code 2022, is 35 -3- SF 348.4213.H (3) 89 md 3/ 32

amended to read as follows: 1 1. The order by the court appointing a guardian for a minor 2 shall state the basis for the order and the date on which the 3 first reporting period for the guardianship will end . 4 Sec. 14. Section 232D.401, subsection 3, unnumbered 5 paragraph 1, Code 2022, is amended to read as follows: 6 An order by the court appointing a guardian for a minor shall 7 state the powers granted to the guardian until such time as the 8 guardian files an initial care plan and such plan is approved 9 by the court as required by section 232D.501, subsection 4 . 10 Except as otherwise limited by court an order appointing a 11 guardian for a minor , the court may grant the guardian the 12 following powers , which may be exercised without prior court 13 approval : 14 Sec. 15. Section 232D.501, subsection 1, paragraph a, Code 15 2022, is amended by adding the following new subparagraph: 16 NEW SUBPARAGRAPH . (2A) The guardian’s plan, if any, for 17 applying for and receiving funds and benefits payable for the 18 support of the minor. 19 Sec. 16. Section 232D.501, subsection 1, paragraph b, Code 20 2022, is amended by adding the following new subparagraphs: 21 NEW SUBPARAGRAPH . (11) The results of the guardian’s 22 efforts to apply for funds or benefits for the minor, and 23 an accounting for the use of such funds or benefits by the 24 guardian. 25 NEW SUBPARAGRAPH . (12) Any other information the guardian 26 deems necessary for the court to consider. 27 Sec. 17. Section 232D.501, Code 2022, is amended by adding 28 the following new subsections: 29 NEW SUBSECTION . 5. The guardian shall provide a copy of the 30 verified initial care plan and verified annual report required 31 by this section to the protected person, the protected person’s 32 attorney, if any, and court visitor, if any. 33 NEW SUBSECTION . 6. The court, for good cause, may extend 34 the deadline for filing required reports. Required reports of 35 -4- SF 348.4213.H (3) 89 md 4/ 32

a guardian which are not timely filed and which are delinquent, 1 and for which no extension for filing has been granted by the 2 court, shall be administered in the same manner as provided in 3 section 633.32. 4 DIVISION II 5 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 6 Sec. 18. Section 235B.6, subsection 2, paragraph d, Code 7 2022, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (7) To a district court conducting 9 checks of the dependent adult abuse registry for all proposed 10 guardians and conservators pursuant to section 633.564. 11 Sec. 19. Section 633.556, subsections 4, 5, and 8, Code 12 2022, are amended to read as follows: 13 4. The petition shall list the name and address of the 14 petitioner and the petitioner’s relationship to the respondent 15 following: 16 a. The respondent . 17 b. The petitioner and the petitioner’s relationship to the 18 respondent. 19 c. The proposed guardian or conservator and the reason the 20 proposed guardian or conservator should be selected. 21 5. The petition shall list the name and address, to the 22 extent known, of the following: 23 a. The name and address of the proposed guardian and the 24 reason the proposed guardian should be selected. 25 b. a. Any spouse of the respondent. 26 c. b. Any adult children of the respondent. 27 d. c. Any parents of the respondent. 28 e. d. Any adult, who has had the primary care of the 29 respondent or with whom the respondent has lived for at least 30 any time during the six months prior to immediately preceding 31 the filing of the petition, or any institution or facility 32 where the respondent has resided for at least six months prior 33 to any time during the six months immediately preceding the 34 filing of the petition. 35 -5- SF 348.4213.H (3) 89 md 5/ 32

f. e. Any legal representative or representative payee of 1 the respondent. 2 g. f. Any person designated as an attorney in fact in a 3 durable power of attorney for health care which is valid under 4 chapter 144B , or any person designated as an agent in a durable 5 power of attorney which is valid under chapter 633B . 6 8. The petition shall provide a brief description of 7 the respondent’s alleged functional limitations that make 8 the respondent unable to communicate or carry out important 9 decisions concerning the respondent’s financial affairs if 10 the petition is for appointment of a conservator for an adult 11 respondent, or unable to care for the respondent’s safety or 12 provide for necessities such as food, shelter, clothing, or 13 medical care without which physical injury or illness may occur 14 if the petition requests the appointment of a guardian . 15 Sec. 20. Section 633.560, subsection 3, Code 2022, is 16 amended to read as follows: 17 3. The court shall require the proposed guardian or 18 conservator to attend the hearing on the petition but the court 19 may excuse the proposed guardian’s or conservator’s attendance 20 for good cause shown. 21 Sec. 21. Section 633.561, subsection 6, Code 2022, is 22 amended to read as follows: 23 6. If the court determines that it would be in the 24 respondent’s best interest to have legal representation 25 with respect to any further proceedings in a guardianship 26 or conservatorship, the court may appoint an attorney to 27 represent the respondent at the expense of the respondent or 28 the respondent’s estate, or if the respondent is indigent the 29 cost of the court appointed attorney shall be assessed against 30 the county in which the proceedings are pending. 31 Sec. 22. Section 633.562, subsection 1, Code 2022, is 32 amended to read as follows: 33 1. If the court determines that the appointment of a court 34 visitor would be in the best interest of the respondent, the 35 -6- SF 348.4213.H (3) 89 md 6/ 32

court shall appoint a court visitor at the expense of the 1 respondent or the respondent’s estate, or, if the respondent 2 is indigent, the cost of the court visitor shall be assessed 3 against the county in which the proceedings are pending. The 4 court may appoint any qualified person as a court visitor in 5 a guardianship or conservatorship proceeding. A person is 6 qualified to serve in this capacity if the court determines the 7 person has demonstrated sufficient knowledge of guardianships 8 or conservatorships to adequately perform the duties in 9 subsection 3. 10 Sec. 23. Section 633.562, subsection 3, paragraph b, Code 11 2022, is amended to read as follows: 12 b. Explaining to the respondent the substance of the 13 petition, the purpose and effect of the guardianship or 14 conservatorship proceeding, the rights of the respondent at 15 the hearing, and the general powers and duties of a guardian 16 or conservator. 17 Sec. 24. Section 633.562, Code 2022, 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. 25. Section 633.563, subsection 1, Code 2022, is 30 amended by adding the following new paragraph: 31 NEW PARAGRAPH . c. The petition is for opening a 32 conservatorship for a minor. 33 Sec. 26. Section 633.564, subsection 1, Code 2022, is 34 amended to read as follows: 35 -7- SF 348.4213.H (3) 89 md 7/ 32

1. The court shall request criminal record checks and 1 checks of the child abuse, dependent adult abuse, and sexual 2 offender registries in this state for all proposed guardians 3 and conservators, other than financial institutions with Iowa 4 trust powers , unless a proposed guardian or conservator has 5 undergone the required background checks required by this 6 section within the six months prior to the filing of a petition 7 and the background check has been provided to the court . 8 Sec. 27. Section 633.569, Code 2022, is amended to read as 9 follows: 10 633.569 Emergency appointment of temporary guardian or 11 conservator. 12 1. A person authorized to file a petition under section 13 633.552, 633.553 , or 633.554 633.556 or 633.557 may file an 14 application for the emergency appointment of a temporary 15 guardian or conservator. 16 2. Such application shall state all of the following: 17 a. The name and address of the respondent. 18 0b. The name and address of the petitioner and the 19 petitioner’s relationship to the respondent. 20 b. The name and address of the proposed guardian or 21 conservator and the reason the proposed guardian or conservator 22 should be selected. 23 0c. The names and addresses, to the extent known, of any 24 other persons who must be named in the petition for appointment 25 of a guardian or conservator under section 633.556 or 633.557. 26 c. The reason the emergency appointment of a temporary 27 guardian or conservator is sought. 28 3. The court may enter an ex parte order appointing a 29 temporary guardian or conservator on an emergency basis under 30 this section if the court finds that all of the following 31 conditions are met: 32 a. There is not sufficient time to file a petition 33 and hold a hearing pursuant to section 633.552, 633.553 , 34 or 633.554 633.556, 633.557, or 633.560 . 35 -8- SF 348.4213.H (3) 89 md 8/ 32

b. The appointment of a temporary guardian or conservator 1 is necessary to avoid immediate or irreparable harm to the 2 respondent before a hearing with notice to the respondent can 3 be held . 4 c. There is reason to believe that the basis for appointment 5 of guardian or conservator exists under section 633.552, 6 633.553 , or 633.554 633.556 or 633.557 . 7 4. Notice of a petition for the appointment of a temporary 8 guardian or conservator and the issuance of an ex parte 9 order appointing a temporary guardian or conservator shall be 10 provided to the respondent, the respondent’s attorney, and any 11 other person the court determines should receive notice. 12 5. Upon the issuance of an ex parte order, if the respondent 13 is an adult, the respondent may file a request for a hearing. 14 If the respondent is a minor, the respondent, a parent having 15 legal custody of the respondent, or any other person having 16 legal custody of the respondent may file a written request for 17 a hearing. Such hearing shall be held no later than seven days 18 after the filing of a written request. 19 6. The powers of the temporary guardian or conservator 20 set forth in the order of the court shall be limited to those 21 necessary to address the emergency situation requiring the 22 appointment of a temporary guardian or conservator. 23 7. The temporary guardianship or conservatorship shall 24 terminate within thirty days after the order is issued. 25 8. The court may order an extension of the temporary 26 guardianship or conservatorship for good cause shown. Prior 27 to or contemporaneously with the filing for an application for 28 the extension of time, the guardian or conservator shall file a 29 report with the court setting forth all of the following: 30 a. All actions conducted by the guardian or conservator on 31 behalf of the protected person from the time of the initial 32 appointment of the guardian up to the time of the report. 33 b. All actions that the guardian or conservator plans to 34 conduct on behalf of the protected person during the extension 35 -9- SF 348.4213.H (3) 89 md 9/ 32

period. 1 9. The temporary guardian or conservator shall submit any 2 other report the court requires. 3 Sec. 28. Section 633.570, subsections 1 and 2, Code 2022, 4 are amended to read as follows: 5 1. In a proceeding for the appointment of a guardian, the 6 respondent shall be given written notice which advises the 7 respondent of the powers that the court may grant a guardian 8 may exercise without court approval pursuant to the powers set 9 out in section 633.635, subsection 2 , and the powers that the 10 guardian may exercise only with court approval pursuant to set 11 out in section 633.635, subsection 3 . 12 2. In a proceeding for the appointment of a conservator, 13 the respondent shall be given written notice which advises the 14 respondent of the powers that the court may grant a conservator 15 may exercise without court approval pursuant to section 633.646 16 and the powers that the guardian may exercise only with court 17 approval pursuant to section 633.647 the powers set out in 18 sections 633.641 and 633.642 . 19 Sec. 29. Section 633.635, subsection 1, Code 2022, is 20 amended to read as follows: 21 1. The order by the court appointing a guardian shall state 22 the factual basis for the guardianship pursuant to section 23 633.552 and the date on which the first reporting period for 24 the guardianship shall end . 25 Sec. 30. Section 633.635, subsection 2, unnumbered 26 paragraph 1, Code 2022, is amended to read as follows: 27 Based upon the evidence produced at the hearing An order by 28 the court appointing a guardian for an adult shall state the 29 powers granted to the guardian until such time as the guardian 30 files an initial care plan and such plan is approved by the 31 court as required by section 633.669. Except as otherwise 32 limited by an order appointing a guardian for an adult , the 33 court may grant a guardian the following powers and duties with 34 respect to a protected person which may be exercised without 35 -10- SF 348.4213.H (3) 89 md 10/ 32

prior court approval : 1 Sec. 31. Section 633.635, subsection 3, unnumbered 2 paragraph 1, Code 2022, is amended to read as follows: 3 A Notwithstanding subsection 2, a guardian may be granted 4 the following powers which may only be exercised upon court 5 approval: 6 Sec. 32. Section 633.641, subsection 3, Code 2022, is 7 amended to read as follows: 8 3. If the court appoints a conservator for a protected 9 person who has previously executed a valid power of attorney 10 under chapter 633B , the conservator shall act in accordance 11 with the applicable provisions of chapter 633B the power of 12 attorney is suspended unless the power of attorney provides 13 otherwise or unless the court determines the power of attorney 14 should continue . If the power of attorney continues, the agent 15 is accountable to the conservator as well as to the protected 16 person. The power of attorney shall be reinstated upon 17 termination of the conservatorship as a result of the protected 18 person regaining capacity. 19 Sec. 33. Section 633.642, Code 2022, is amended by striking 20 the section and inserting in lieu thereof the following: 21 633.642 Powers of conservator. 22 1. An order by the court appointing a conservator shall 23 state the basis for the conservatorship pursuant to section 24 633.553 or section 633.554. 25 2. Upon appointment by the court, and until such time as the 26 conservator files an initial financial management plan and such 27 plan is approved by the court as required by section 633.670, 28 subsection 1, a conservator has the authority to exercise all 29 powers applicable to fiduciaries pursuant to sections 633.63 30 through 633.162, unless expressly modified by the court. 31 3. In the order approving an initial financial management 32 plan or an annual report, the court shall approve and set forth 33 the specific powers of a conservator, which may be thereafter 34 exercised by the conservator until further court order. Except 35 -11- SF 348.4213.H (3) 89 md 11/ 32

as otherwise ordered by the court, a conservator must give 1 notice to persons entitled to notice and receive specific prior 2 authorization by the court before the conservator may take any 3 other action on behalf of the protected person. 4 4. Upon the filing of an appropriate oath by the 5 conservator, the clerk of court shall issue letters of 6 appointment. A copy of the initial order of the court shall be 7 attached to the letters of appointment. 8 Sec. 34. Section 633.669, Code 2022, is amended to read as 9 follows: 10 633.669 Reporting requirements —— assistance Reports by clerk 11 guardians . 12 1. The court shall assign a guardianship created under 13 this chapter, and may reassign as necessary in the court’s 14 discretion, to one of following reporting tiers: 15 a. Tier I: A guardian assigned a tier I guardianship shall 16 file with the court a verified annual report which shall not 17 be waived by the court. The annual report shall include all of 18 the following: 19 (1) The current mental and physical condition of the 20 protected person. 21 (2) The present living arrangement of the protected person, 22 including a description of each residence where the protected 23 person has resided during the reporting period. 24 (3) A summary of the medical, educational, vocational and 25 technical, and other professional services provided for the 26 protected person. 27 (4) A description of the guardian’s visits with and 28 activities on behalf of the protected person. 29 (5) A recommendation as to the need for continued 30 guardianship. 31 (6) Other information requested by the court or useful in 32 the opinion of the guardian. 33 b. A guardian appointed by the court under this chapter 34 assigned a tier II guardianship shall file with the court the 35 -12- SF 348.4213.H (3) 89 md 12/ 32

following written verified reports which shall not be waived 1 by the court: 2 a. (1) An initial care plan filed within sixty days of 3 appointment. The information in the initial care plan shall 4 include but not be limited to the following information: 5 (1) (a) The current residence of the protected person 6 and the guardian’s plan for the protected person’s living 7 arrangements. 8 (2) (b) The guardian’s plan for payment of the protected 9 person’s living expenses and other expenses. 10 (3) (c) The protected person’s health status and health 11 care needs, and the guardian’s plan for meeting the protected 12 person’s needs for medical, dental, and other health care 13 needs. 14 (3A) (d) Whether the protected person has a living will or 15 health care power of attorney. 16 (4) (e) If applicable, the protected person’s need 17 for other professional services for mental, behavioral, 18 or emotional health, and the guardian’s plan for other 19 professional services needed by the protected person. 20 (5) (f) If applicable, the protected person’s employment 21 status, the protected person’s need for educational, training, 22 or vocational services, and the guardian’s plan for meeting the 23 educational, training, and vocational needs of the protected 24 person. 25 (6) (g) If applicable, the guardian’s plan for facilitating 26 the participation of the protected person in social activities. 27 (7) (h) The guardian’s plan for facilitating contacts 28 between the protected person and the protected person’s family 29 members and other significant persons significant in the life 30 of the protected person . 31 (8) (i) The guardian’s plan for contact with, and 32 activities on behalf of, the protected person. 33 (j) The powers that the guardian requests to carry out the 34 initial care plan. 35 -13- SF 348.4213.H (3) 89 md 13/ 32

(k) The guardian shall file an amended plan when there 1 has been a significant change in the circumstances or the 2 guardian seeks to deviate significantly from the plan. The 3 guardian must obtain court approval of the amended plan before 4 implementing any of its provisions. 5 b. (2) An annual report, filed within sixty days of the 6 close of the reporting period , unless the court otherwise 7 orders on good cause shown . The information in the annual 8 report shall include but not be limited to the following 9 information: 10 (1) (a) The current living arrangements of the protected 11 person. 12 (2) (b) The sources of payment for the protected person’s 13 living expenses and other expenses. 14 (3) (c) A description, if applicable, of the following: 15 (a) (i) The protected person’s physical and mental health 16 status and the medical, dental, and other professional health 17 services provided to the protected person. 18 (b) (ii) If applicable, the protected person’s employment 19 status and the educational, training, and vocational services 20 provided to the protected person. 21 (iii) The guardian’s facilitation of the participation of 22 the protected person in social activities. 23 (c) (iv) The contact of the protected person with family 24 members and other significant persons. 25 (d) (v) The nature and extent of the guardian’s visits 26 with, and activities on behalf of, the protected person. 27 (4) (d) The guardian’s recommendation as to the need for 28 continuation of the guardianship. 29 (5) (e) The ability of the guardian to continue as 30 guardian. 31 (6) (f) The need of the guardian for assistance in 32 providing or arranging for the provision of the care and 33 protection of the protected person. 34 (g) Any other information the guardian deems necessary for 35 -14- SF 348.4213.H (3) 89 md 14/ 32

the court to consider. 1 c. 1A. A The guardian under a tier I or II guardianship 2 shall file a final report within thirty days of the termination 3 of the guardianship under section 633.675 unless that time is 4 extended by the court. 5 2. The court shall develop a simplified uniform reporting 6 form for use in filing the required reports. 7 3. The clerk of the court shall notify the guardian in 8 writing of the reporting requirements and shall provide 9 information and assistance to the guardian in filing the 10 reports. 11 4. Reports of guardians shall be reviewed and approved by a 12 district court judge or referee. 13 5. The court, for good cause, may extend the deadline for 14 filing required reports. Required reports of a guardian which 15 are not timely filed and which are delinquent, and for which no 16 extension for filing has been granted by the court, shall be 17 administered as provided in section 633.32. 18 6. The guardian shall provide a copy of the reports required 19 by this section to the protected person, the protected person’s 20 attorney, if any, and the court visitor, if any. 21 Sec. 35. Section 633.670, Code 2022, is amended to read as 22 follows: 23 633.670 Reports by conservators. 24 1. The court shall assign a conservatorship created under 25 this chapter, and may reassign as necessary in the court’s 26 discretion, to one of following reporting tiers: 27 a. Tier I: A conservator assigned a tier I conservatorship 28 shall file with the court a verified annual report which shall 29 not be waived by the court. The annual report shall include 30 all of the following: 31 (1) The balance of funds on hand at the close of the last 32 previous accounting, and all amounts received from any source 33 during the period covered by the accounting. 34 (2) All disbursements made during the period covered by the 35 -15- SF 348.4213.H (3) 89 md 15/ 32

accounting. 1 (3) Any changes in investments since the last previous 2 report, including a list of all assets, and recommendations 3 of the conservator for the retention or disposition of any 4 property held by the conservator. 5 (4) The amount of the bond and the name of the surety on the 6 bond. 7 (5) The residence or physical location of the protected 8 person. 9 (6) The general physical and mental condition of the 10 protected person. 11 (7) Such other information as shall be necessary to show the 12 condition of the affairs of the conservatorship. 13 b. Tier II: A conservator assigned a tier II 14 conservatorship shall file an with the court a verified initial 15 financial management plan for protecting, managing, investing, 16 expending, and distributing the assets of the conservatorship 17 estate within ninety days after appointment which shall not be 18 waived by the court . The plan must be based on the needs of 19 the protected person and take into account the best interest 20 of the protected person as well as the protected person’s 21 preference, values, and prior directions to the extent known 22 to, or reasonably ascertainable by, the conservator. 23 a. c. The initial plan shall include all of the following: 24 The initial financial management plan required pursuant 25 to paragraph “b” shall state the protected person’s age, 26 residence, living arrangements, and sources of payment for 27 living expenses. 28 (1) A budget containing projected expenses and resources, 29 including an estimate of the total amount of fees the 30 conservator anticipates charging per year and a statement or 31 list of the amount the conservator proposes to charge for each 32 service the conservator anticipates providing to the protected 33 person. 34 (2) A statement as to how the conservator will involve 35 -16- SF 348.4213.H (3) 89 md 16/ 32

the protected person in decisions about management of the 1 conservatorship estate. 2 (3) If ordered by the court, any step the conservator plans 3 to take to develop or restore the ability of the protected 4 person to manage the conservatorship estate. 5 (4) An estimate of the duration of the conservatorship. 6 d. If applicable, the protected person’s will shall be filed 7 with the court clerk and the protected person’s prepaid burial 8 trust and powers of attorney shall be described. 9 b. e. Within two days after filing the initial plan, 10 the The conservator shall give provide notice of the filing 11 of the initial plan with required pursuant to paragraph “b” 12 and a copy of the initial plan to the protected person, the 13 protected person’s attorney , if any, and court visitor, if any, 14 and others as directed by the court. The notice must state 15 that any person entitled to a copy of the plan must file any 16 objections to the plan not later than fifteen days after it is 17 filed twenty days from the date of mailing notice of filing the 18 initial plan . 19 c. f. At least twenty days after the initial plan required 20 pursuant to paragraph “b” has been filed, the court shall review 21 and determine whether the plan should be approved or revised, 22 after considering objections filed and whether the plan is 23 consistent with the conservator’s powers and duties. 24 d. g. After approval of the initial plan required pursuant 25 to paragraph “b” by the court, the conservator shall provide a 26 copy of the approved plan and order approving the plan to the 27 protected person, the protected person’s attorney , if any, and 28 court visitor, if any, and others as directed by the court. 29 e. h. The conservator assigned to a tier II conservatorship 30 shall file an amended plan when there has been a significant 31 change in circumstances or the conservator seeks to deviate 32 significantly from the plan. Before the amended plan is 33 implemented, the provisions for court approval of the plan 34 shall be followed as provided in paragraphs “b” , “c” , and “d” 35 -17- SF 348.4213.H (3) 89 md 17/ 32

the initial financial management plan . 1 2. A conservator shall file an inventory of the protected 2 person’s assets within ninety days after appointment which 3 includes an oath or affirmation that the inventory is believed 4 to be complete and accurate as far as information permits. 5 Copies of the inventory shall be provided to the protected 6 person, the protected person’s attorney and court visitor, if 7 any, and others as directed by the court. When the conservator 8 receives additional property of the protected person, or 9 becomes aware of its existence, a description of the property 10 shall be included in the conservator’s next annual report. A 11 conservator assigned to a tier II conservatorship shall attach 12 to the initial financial management plan an inventory of the 13 protected person’s assets and debts, which includes an oath or 14 affirmation that the inventory is believed to be complete and 15 accurate as far as information permits. The conservator shall 16 provide copies of the inventory to the protected person, the 17 protected person’s attorney, if any, and the court visitor, if 18 any, and others as directed by the court. Any objections to 19 the inventory shall be filed in the same manner and according 20 to the same schedule as objections to the initial financial 21 management plan. The court shall review the inventory and 22 determine whether the inventory should be approved at the same 23 time as the court reviews the initial financial management 24 plan. When the conservator receives an additional asset of the 25 protected person or becomes aware of its existence, or becomes 26 aware of additional debt of the protected person, a description 27 of the asset or debt shall be included in the conservator’s 28 next annual report. 29 3. a. A conservator assigned to a tier II conservatorship 30 shall file a written and verified report on an annual basis 31 for the period since the end of the preceding report period . 32 The court which shall not waive these reports be waived by the 33 court . 34 a. b. These reports shall include all of the following: 35 -18- SF 348.4213.H (3) 89 md 18/ 32