Senate File 2073 - Introduced
SENATE FILE
BY BOLKCOM
(COMPANION TO LSB 5744HH
BY HUSER)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the temporary appointment of a conservator for
2 a dependent adult in an emergency situation.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5744SS 81
5 rh/gg/14
PAG LIN
1 1 Section 1. Section 235B.19, Code Supplement 2005, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 3A. a. Notwithstanding section 633.573,
1 4 upon a finding that there is probable cause to believe that
1 5 the dependent adult abuse is producing irreparable harm to the
1 6 physical or financial resources or property of the dependent
1 7 adult, and that the dependent adult lacks capacity to consent
1 8 to the receipt of services, the court may order the
1 9 appointment of a temporary conservator without notice to the
1 10 dependent adult or the dependent adult's attorney if all of
1 11 the following conditions are met:
1 12 (1) It clearly appears from specific facts shown by
1 13 affidavit or by the verified petition that immediate and
1 14 irreparable injury, loss, or damage will result to the
1 15 physical or financial resources or property of the dependent
1 16 adult before the dependent adult or the dependent adult's
1 17 attorney can be heard in opposition.
1 18 (2) The department certifies to the court in writing any
1 19 efforts the department has made to give the notice or the
1 20 reasons supporting the claim that notice should not be
1 21 required.
1 22 (3) The department files with the court a request for a
1 23 hearing on the petition for the appointment of a temporary
1 24 conservator.
1 25 (4) The department certifies that the notice of the
1 26 petition, order, and all filed reports and affidavits will be
1 27 sent to the dependent adult by personal service within the
1 28 time period the court directs but not more than seventy=two
1 29 hours after entry of the order of appointment.
1 30 b. An order of appointment of a temporary conservator
1 31 entered by the court under paragraph "a" shall expire as
1 32 prescribed by the court but within a period of not more than
1 33 thirty days unless extended by the court for good cause.
1 34 c. A hearing on the petition for the appointment of a
1 35 temporary conservator shall be held within the time specified
2 1 in paragraph "b". If the department does not proceed with a
2 2 hearing on the petition, the court, on the motion of any party
2 3 or on its own motion, may dismiss the petition.
2 4 Sec. 2. Section 633.573, Code 2005, is amended to read as
2 5 follows:
2 6 633.573 APPOINTMENT OF TEMPORARY CONSERVATOR.
2 7 A Except as provided in section 235B.19, a temporary
2 8 conservator may be appointed but only after a hearing on such
2 9 notice, and subject to such conditions, as the court shall
2 10 prescribe.
2 11 EXPLANATION
2 12 This bill relates to the temporary appointment of a
2 13 conservator for a dependent adult in an emergency situation.
2 14 The bill provides that upon a finding that there is
2 15 probable cause to believe that dependent adult abuse is
2 16 producing irreparable harm to the physical or financial
2 17 resources or property of the dependent adult, and that the
2 18 dependent adult lacks capacity to consent to the receipt of
2 19 services, the court may order the appointment of a temporary
2 20 conservator without notice to the dependent adult if it
2 21 clearly appears from specific facts shown by affidavit or by
2 22 the verified petition that immediate and irreparable injury,
2 23 loss, or damage will result to the physical or financial
2 24 resources or property of the dependent adult before the
2 25 dependent adult or the dependent adult's attorney can be heard
2 26 in opposition, the department of human services certifies to
2 27 the court in writing any efforts the department has made to
2 28 give the notice or the reasons supporting the claim that
2 29 notice should not be required, the department files with the
2 30 court a request for a hearing on the petition for the
2 31 appointment, and the department certifies that the notice of
2 32 the petition, order, and all filed reports and affidavits will
2 33 be sent to the dependent adult by personal service within the
2 34 time period the court directs but not more than 72 hours after
2 35 entry of the order of appointment.
3 1 The bill further provides that an order of appointment
3 2 entered by the court shall expire as prescribed by the court
3 3 but within 30 days unless extended for good cause and that a
3 4 hearing on the petition shall be held within the same time
3 5 period unless the court, on the motion of any party or on its
3 6 own motion, dismisses the petition.
3 7 LSB 5744SS 81
3 8 rh:nh/gg/14