H.F. 2564 DIVISION I 1 ADULT GUARDIANSHIPS AND CONSERVATORSHIPS 2 Section 1. Section 633.556, subsections 4, 5, and 8, Code 3 2020, are amended to read as follows: 4 4. The petition shall list the name and address of the 5 petitioner and the petitioner’s relationship to the respondent. 6 following: 7 a. The respondent. 8 b. The petitioner and the petitioner’s relationship to the 9 respondent. 10 c. The proposed guardian or conservator and the reason the 11 proposed guardian or conservator should be selected. 12 5. The petition shall list the name and address, to the 13 extent known, of the following: 14 a. The name and address of the proposed guardian and the 15 reason the proposed guardian should be selected. 16 b. a. Any spouse of the respondent. 17 c. b. Any adult children of the respondent. 18 d. c. Any parents of the respondent. 19 e. d. Any adult, who has had the primary care of the 20 respondent or with whom the respondent has lived for at least 21 any time during the six months prior to immediately preceding 22 the filing of the petition, or any institution or facility 23 where the respondent has resided for at least six months prior 24 to any time during the six months immediately preceding the 25 filing of the petition. 26 f. e. Any legal representative or representative payee of 27 the respondent. 28 g. f. Any person designated as an attorney in fact in a 29 durable power of attorney for health care which is valid under 30 chapter 144B , or any person designated as an agent in a durable 31 power of attorney which is valid under chapter 633B . 32 8. The A petition for conservator shall provide a brief 33 description of the respondent’s alleged functional limitations 34 that make the respondent unable to communicate or carry out 35 -1- LSB 5932HV (3) 88 as/jh 1/ 29

H.F. 2564 important decisions concerning the respondent’s financial 1 affairs. A petition for guardianship shall provide a brief 2 description of the respondent’s alleged functional limitations 3 that make the respondent unable to provide for the respondent’s 4 safety, care, or necessities. 5 Sec. 2. Section 633.561, subsection 6, Code 2020, is amended 6 to read as follows: 7 6. If the court determines that it would be in the 8 respondent’s best interest to have legal representation 9 with respect to any further proceedings in a guardianship 10 or conservatorship, the court may appoint an attorney to 11 represent the respondent at the expense of the respondent or 12 the respondent’s estate, or if the respondent is indigent the 13 cost of the court appointed attorney shall be assessed against 14 the county in which the proceedings are pending. 15 Sec. 3. Section 633.562, subsection 1, Code 2020, is amended 16 to read as follows: 17 1. If the court determines that the appointment of a court 18 visitor would be in the best interest of the respondent, the 19 court shall appoint a court visitor at the expense of the 20 respondent or the respondent’s estate, or, if the respondent 21 is indigent, the cost of the court visitor shall be assessed 22 against the county in which the proceedings are pending. The 23 court may appoint any qualified person as a court visitor in 24 a guardianship or conservatorship proceeding. A person is 25 qualified to serve in this capacity if the court determines the 26 person has demonstrated sufficient knowledge of guardianships 27 or conservatorships to adequately perform the duties in 28 subsection 3. 29 Sec. 4. Section 633.562, Code 2020, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 7. A court visitor shall be discharged 32 from all further duties upon appointment of a guardian or 33 conservator, unless otherwise ordered by the court. The court 34 may order a court visitor to continue to serve if the court 35 -2- LSB 5932HV (3) 88 as/jh 2/ 29

H.F. 2564 determines continued service would be in the best interest of 1 the protected person. If the court continues the service of 2 the court visitor, the court may limit the direct duties of the 3 court visitor as the court deems necessary. The court visitor 4 shall thereafter continue to serve until discharged by the 5 court. 6 Sec. 5. Section 633.563, subsection 7, unnumbered paragraph 7 1, Code 2020, is amended to read as follows: 8 The results of the evaluation ordered by the court shall be 9 made available to filed with the court and made available to 10 the following: 11 Sec. 6. Section 633.564, subsection 2, Code 2020, is amended 12 to read as follows: 13 2. The court shall review the results of background checks 14 in determining the suitability of a proposed guardian or 15 conservator for appointment , and may, for good cause, share 16 with the respondent, the respondent’s attorney, and the 17 protected person’s attorney, the results of background checks . 18 Sec. 7. Section 633.569, Code 2020, is amended to read as 19 follows: 20 633.569 Emergency appointment of temporary guardian or 21 conservator. 22 1. A person authorized to file a petition under section 23 633.552, 633.553, or 633.554 633.556 or 633.557 may file an 24 application for the emergency appointment of a temporary 25 guardian or conservator. 26 2. Such application shall state all of the following: 27 a. The name and address of the respondent. 28 0b. The name and address of the petitioner and the 29 petitioner’s relationship to the respondent. 30 b. The name and address of the proposed guardian or 31 conservator and the reason the proposed guardian or conservator 32 should be selected. 33 0c. The names and addresses, to the extent known, of any 34 other persons who must be named in the petition for appointment 35 -3- LSB 5932HV (3) 88 as/jh 3/ 29

H.F. 2564 of a guardian or conservator under section 633.556 or 633.557. 1 c. The reason the emergency appointment of a temporary 2 guardian or conservator is sought. 3 3. The court may enter an ex parte order appointing a 4 temporary guardian or conservator on an emergency basis 5 under this section if the court finds by clear and convincing 6 evidence that all of the following conditions are met: 7 a. There is not sufficient time to file a petition and hold 8 a hearing pursuant to section 633.552, 633.553, or 633.554 9 633.556, 633.557, or 633.560 . 10 b. The appointment of a temporary guardian or conservator 11 is necessary to avoid immediate or irreparable harm to the 12 respondent before a hearing with notice to the respondent can 13 be held . 14 c. There is reason to believe that the basis for appointment 15 of guardian or conservator exists under section 633.552, 16 633.553, or 633.554 633.556 or 633.557 . 17 04. Immediately on filing of an application for the 18 emergency appointment of a temporary guardian or conservator, 19 the court shall appoint an attorney to represent the respondent 20 in the proceeding. 21 4. Notice of a petition for the appointment of a temporary 22 guardian or conservator and the issuance of an ex parte 23 order appointing a temporary guardian or conservator shall be 24 provided not later than forty-eight hours after the issuance of 25 the order of appointment to the respondent, the respondent’s 26 attorney, and any other person the court determines should 27 receive notice. Notice shall be provided by personal service 28 unless otherwise directed by the court. 29 5. Upon the issuance of an ex parte order, if the respondent 30 is an adult, the respondent may file a request for a hearing. 31 If the respondent is a minor, the respondent, a parent having 32 legal custody of the respondent, or any other person having 33 legal custody of the respondent may file a written request for 34 a hearing. Such hearing shall be held no later than seven days 35 -4- LSB 5932HV (3) 88 as/jh 4/ 29

H.F. 2564 after the filing of a written request A hearing shall be held 1 not more than seven days after the issuance of an ex parte 2 order appointing a temporary guardian or conservator . 3 6. The powers of the temporary guardian or conservator 4 set forth in the order of the court shall be limited to those 5 necessary to address the emergency situation requiring the 6 appointment of a temporary guardian or conservator. 7 7. The temporary guardianship or conservatorship shall 8 terminate within thirty sixty days after the order is issued. 9 8. The court may extend the duration of the temporary 10 guardianship or conservatorship for good cause beyond the sixty 11 days if the court determines after a hearing that the temporary 12 guardianship or conservatorship should continue. An extension 13 shall not be for more than sixty days at a time. 14 9. The temporary guardian or conservator shall submit any 15 report the court requires. 16 Sec. 8. Section 633.635, subsection 1, Code 2020, is amended 17 to read as follows: 18 1. The order by the court appointing a guardian shall state 19 the basis for the guardianship pursuant to section 633.552 20 and the date on which the first reporting period for the 21 guardianship shall end . 22 Sec. 9. Section 633.641, subsection 3, Code 2020, is amended 23 to read as follows: 24 3. If a protected person has executed a valid power of 25 attorney under chapter 633B , the conservator shall act in 26 accordance with the applicable provisions of chapter 633B 27 If the court appoints a conservator for a protected person 28 who has previously executed a valid power of attorney under 29 chapter 633B, the power of attorney is suspended unless the 30 power of attorney provides otherwise or the court appointing 31 the conservator orders that the power of attorney should 32 continue . If the power of attorney continues, the agent is 33 accountable to the conservator as well as the principal. The 34 power of attorney shall be reinstated upon termination of the 35 -5- LSB 5932HV (3) 88 as/jh 5/ 29

H.F. 2564 conservatorship for reasons other than the protected person’s 1 death. 2 Sec. 10. Section 633.642, unnumbered paragraph 1, Code 3 2020, is amended to read as follows: 4 Except as otherwise ordered by the court , and except 5 for those powers relating to all fiduciaries as set out in 6 sections 633.63 through 633.162 which may be exercised without 7 approval of the court unless expressly modified by the court , 8 a conservator must give notice to persons entitled to notice 9 and receive specific prior authorization by the court before 10 the conservator may take any other action on behalf of the 11 protected person. These other powers Powers requiring court 12 approval include , but are not limited to the authority of the 13 conservator to: 14 Sec. 11. Section 633.669, subsection 1, Code 2020, is 15 amended to read as follows: 16 1. A guardian appointed by the court under this chapter 17 shall file with the court the following written verified 18 reports which shall not be waived by the court: 19 a. An initial care plan filed within sixty days of 20 appointment. The information in the initial care plan shall 21 include but not be limited to the following information: 22 (1) The current residence of the protected person and the 23 guardian’s plan for the protected person’s living arrangements. 24 (2) The current sources of payment for the protected 25 person’s living expenses and other expenses, and the guardian’s 26 plan for payment of the protected person’s living expenses and 27 other expenses. 28 (3) The protected person’s health status and health care 29 needs, and the guardian’s plan for meeting the protected 30 person’s needs for medical, dental, and other health care 31 needs. 32 (3A) Whether the protected person has a living will or 33 health care power of attorney, if any. 34 (4) If applicable, the protected person’s need for other 35 -6- LSB 5932HV (3) 88 as/jh 6/ 29

H.F. 2564 professional services for mental, behavioral, or emotional 1 health, and the guardian’s plan for other professional services 2 needed by the protected person. 3 (5) If applicable, the protected person’s employment 4 status, the protected person’s need for educational, training, 5 or vocational services, and the guardian’s plan for meeting the 6 educational, training, and vocational needs of the protected 7 person. 8 (6) If applicable, the guardian’s plan for facilitating the 9 participation of the protected person in social activities. 10 (7) The guardian’s plan for facilitating contacts between 11 the protected person and the protected person’s family members 12 and other significant persons significant in the life of the 13 protected person . 14 (8) The guardian’s plan for contact with, and activities on 15 behalf of, the protected person. 16 (9) The powers that the guardian requests to carry out the 17 initial care plan. 18 (10) The guardian shall file an amended plan when there 19 has been a significant change in the circumstances or the 20 guardian seeks to deviate significantly from the plan. The 21 guardian must obtain court approval of the amended plan before 22 implementing any of its provisions. 23 b. An annual report, filed within sixty days of the close 24 of the reporting period , unless the court otherwise orders on 25 good cause shown . The information in the annual report shall 26 include but not be limited to the following information: 27 (1) The current living arrangements of the protected 28 person. 29 (2) The sources of payment for the protected person’s living 30 expenses and other expenses. 31 (3) A description, if applicable, of the following: 32 (a) The protected person’s physical and mental health 33 status and the medical, dental, and other professional health 34 services provided to the protected person. 35 -7- LSB 5932HV (3) 88 as/jh 7/ 29

H.F. 2564 (b) If applicable, the protected person’s employment status 1 and the educational, training, and vocational services provided 2 to the protected person. 3 (0c) The guardian’s facilitation of the participation of 4 the protected person in social activities. 5 (c) The contact of the protected person with family members 6 and other significant persons. 7 (d) The nature and extent of the guardian’s visits with, and 8 activities on behalf of, the protected person. 9 (04) The guardian’s changes to the care plan for the 10 protected person for the next annual reporting period. 11 (004) The powers that the guardian requests to carry out 12 the care plan for the protected person for the next annual 13 reporting period. 14 (4) The guardian’s recommendation as to the need for 15 continuation of the guardianship. 16 (5) The ability of the guardian to continue as guardian. 17 (6) The need of the guardian for assistance in providing or 18 arranging for the provision of the care and protection of the 19 protected person. 20 c. A final report within thirty days of the termination 21 of the guardianship under section 633.675 unless that time is 22 extended by the court. 23 Sec. 12. Section 633.669, Code 2020, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 5. A copy of the initial care plan and 26 annual reports shall be provided by the court to the protected 27 person. 28 Sec. 13. Section 633.670, Code 2020, is amended to read as 29 follows: 30 633.670 Reports by conservators. 31 1. A conservator shall file an a written verified initial 32 financial management plan for protecting, managing, investing, 33 expending, and distributing the assets of the conservatorship 34 estate within ninety days after appointment which shall not be 35 -8- LSB 5932HV (3) 88 as/jh 8/ 29

H.F. 2564 waived by the court . The plan must be based on the needs of 1 the protected person and take into account the best interest 2 of the protected person as well as the protected person’s 3 preference, values, and prior directions to the extent known 4 to, or reasonably ascertainable by, the conservator. 5 a. The initial plan shall include all of the following: The 6 initial financial management plan shall state the protected 7 person’s age, residence, living arrangements, and sources of 8 payment for living expenses. 9 (1) A budget containing projected expenses and resources, 10 including an estimate of the total amount of fees the 11 conservator anticipates charging per year and a statement or 12 list of the amount the conservator proposes to charge for each 13 service the conservator anticipates providing to the protected 14 person. 15 (2) A statement as to how the conservator will involve 16 the protected person in decisions about management of the 17 conservatorship estate. 18 (3) If ordered by the court, any step the conservator plans 19 to take to develop or restore the ability of the protected 20 person to manage the conservatorship estate. 21 (4) An estimate of the duration of the conservatorship. 22 b. If applicable, the protected person’s will shall be filed 23 with the court clerk and the protected person’s prepaid burial 24 trust and powers of attorney shall be described. 25 c. The conservator shall include a proposed budget for the 26 protected person and budget-related information for the next 27 annual reporting period including all of the following: 28 (1) The protected person’s receipts and income and the 29 projected source of income, if applicable, and the total 30 estimated receipts and income. 31 (2) The protected person’s liabilities and debts and the 32 total estimated liabilities and debts; a list and explanation 33 of any liability or debt owed by the protected person to the 34 conservator; a list and explanation of the liability of any 35 -9- LSB 5932HV (3) 88 as/jh 9/ 29

H.F. 2564 other person for a liability of the protected person. 1 (3) The protected person’s estimated expenses on a 2 monthly and annual basis including conservator fees and other 3 administrative expenses. 4 d. The conservator shall include a list of the protected 5 person’s assets and the conservator’s plan for management of 6 these assets. 7 e. The conservator shall include a statement as to how the 8 conservator will involve the protected person in decisions 9 about management of the conservatorship estate. 10 f. If ordered by the court, the conservator shall include 11 any action the conservator plans to take to develop or 12 restore the ability of the protected person to manage the 13 conservatorship estate. 14 g. The conservator shall include the authority that the 15 conservator requests to carry out the initial financial plan 16 including expenditures in accordance with the proposed budget 17 for the protected person and the plan for the management of the 18 assets of the protected person for the next annual reporting 19 period. 20 b. h. Within two days after filing the initial plan, the 21 The conservator shall give provide notice of the filing of 22 the initial plan with and a copy of the initial plan to the 23 protected person, the protected person’s attorney , if any, and 24 court advisor visitor , if any, and others as directed by the 25 court. The notice must state that any person entitled to a 26 copy of the plan must file any objections to the plan not later 27 than fifteen days after it is filed twenty days from the date 28 of mailing notice of filing the initial plan . 29 c. i. At least If no objections have been filed within 30 twenty days after the plan has been filed, the court shall 31 review and determine whether the plan should be approved or 32 revised, after considering objections filed and whether the 33 plan is consistent with the conservator’s powers and duties 34 mailing notice of filing the initial plan, the conservator 35 -10- LSB 5932HV (3) 88 as/jh 10/ 29

H.F. 2564 shall submit a proposed order to the court approving the 1 initial plan . Upon the court’s approval of the plan under 2 this subsection, the conservator shall provide a copy of the 3 approved plan and order approving the plan to the protected 4 person, the protected person’s attorney, if any, and court 5 visitor, if any, and others as directed by the court. 6 d. j. After approval by the court, the conservator shall 7 provide a copy of the approved plan and order approving the 8 plan to the protected person, the protected person’s attorney 9 and court advisor, if any, and others as directed by the court 10 If any objections to the proposed plan are filed within twenty 11 days after the conservator has mailed notice of filing the 12 plan, the court shall set the matter for hearing and provide 13 notice of the hearing date, time, and place to the same parties 14 who were sent copies of the initial plan . Following the 15 hearing on the conservator’s proposed plan, the conservator 16 shall provide a copy of the approved plan and order approving 17 the plan to the protected person, the protected person’s 18 attorney, if any, and court visitor, if any, and others as 19 directed by the court. 20 e. k. The conservator shall file an amended plan when 21 there has been a significant change in circumstances or the 22 conservator seeks to deviate significantly from the plan. 23 Before the amended plan is implemented, the provisions for 24 court approval of the plan shall be followed as provided in 25 paragraphs “b” , “c” , and “d” the initial financial management 26 plan . 27 2. A conservator shall file attach an inventory of the 28 protected person’s assets within ninety days after appointment 29 and debts to the initial financial management plan, which 30 includes an oath or affirmation that the inventory is believed 31 to be complete and accurate as far as information permits. 32 Copies of the inventory shall be provided to the protected 33 person, the protected person’s attorney , if any, and court 34 advisor visitor , if any, and others as directed by the 35 -11- LSB 5932HV (3) 88 as/jh 11/ 29

H.F. 2564 court. When the conservator receives additional property 1 of the protected person, or becomes aware of its existence, 2 a description of the property shall be included in the 3 conservator’s next annual report. 4 3. A conservator shall file a written and verified report on 5 an annual basis for the period since the end of the preceding 6 report period . The court which shall not waive these reports 7 be waived by the court . 8 a. These reports shall include all of the following: The 9 annual report shall state the age, the residence and the living 10 arrangements of the protected person, and sources of payment 11 for the protected person’s living expenses during the reporting 12 period. 13 (1) Balance of funds on hand at the beginning and end of the 14 period. 15 (2) Disbursements made. 16 (3) Changes in the conservator’s plan. 17 (4) List of assets as of the end of the period. 18 (5) Bond amount and surety’s name. 19 (6) Residence and physical location of the protected 20 person. 21 (7) General physical and mental condition of the protected 22 person. 23 (8) Other information reflecting the condition of the 24 conservatorship estate. 25 b. These reports shall be filed: The conservator shall 26 submit with the annual report an inventory of the assets of the 27 protected person as of the last day of the reporting period the 28 total value of assets at the beginning and end of the reporting 29 period. 30 (1) On an annual basis within sixty days of the end of the 31 reporting period unless the court orders an extension for good 32 cause shown in accordance with the rules of probate procedure. 33 c. The annual report shall include an itemization of all 34 income or funds received and all expenditures made by the 35 -12- LSB 5932HV (3) 88 as/jh 12/ 29

H.F. 2564 conservator on behalf of the protected person. If any of 1 the expenditures were made to provide support for or pay the 2 debts of another person, the annual report shall include an 3 explanation of these expenditures. If any of the expenditures 4 were made to pay any liability or debt owed by the protected 5 person to the conservator, the annual report shall include an 6 explanation of these expenditures. If any of the expenditures 7 were made to pay any liability or debt that is also owed by 8 another person or entity, the annual report shall include an 9 explanation of these expenditures. 10 d. The annual report shall include the following budget and 11 information related to the budget for the protected person: 12 (1) A description of changes, if any, made in the budget 13 approved by the court for the preceding reporting period. 14 (2) A proposed budget and budget-related information for 15 the next reporting period containing the information set forth 16 in subsection 1, paragraph “c” . 17 (3) A request for approval of the proposed budget and 18 authority to make expenditures in accordance with the proposed 19 budget. 20 e. The annual report shall include the following information 21 related to the management of the assets of the protected 22 person: 23 (1) A description of changes, if any, in the plan for 24 management of the assets of the protected person approved by 25 the court for the preceding reporting period. 26 (2) A proposed plan for management of the assets of the 27 protected person for the next reporting period. 28 (3) A request for approval of the proposed plan for 29 management of the assets of the protected person and the 30 authority to carry out the plan. 31 f. The annual report shall describe, if applicable, how the 32 protected person was involved and will be involved in decisions 33 about management of assets. 34 g. The annual report shall describe, if ordered by the 35 -13- LSB 5932HV (3) 88 as/jh 13/ 29

H.F. 2564 court, the actions that have been taken and that will be taken 1 by the conservator to develop or restore the ability of the 2 protected person to manage the conservatorship’s assets. 3 h. The conservator may request court approval of fees 4 provided by an attorney on behalf of the conservatorship or the 5 protected person during the preceding reporting period. 6 i. The conservator may request court approval of fees 7 provided the conservator on behalf of the conservatorship or 8 the protected person during the preceding reporting period. 9 4. The conservator shall file a written verified final 10 report with the court as follows: 11 (2) a. Within thirty days following removal of the 12 conservator. 13 (3) b. Upon the conservator’s filing of a resignation and 14 before the resignation is accepted by the court. 15 (4) c. Within sixty days following the termination of the 16 conservatorship. 17 (5) d. At other times as ordered by the court. 18 c. 5. Reports required by this section shall be served 19 on the protected person, the protected person’s attorney , 20 if any, and court advisor visitor , if any, and the veterans 21 administration if the protected person is receiving veterans 22 veterans’ benefits. 23 Sec. 14. Section 633.675, subsections 2, 3, and 4, Code 24 2020, are amended to read as follows: 25 2. The court shall terminate a guardianship for an adult if 26 it the court finds by clear and convincing evidence that the 27 basis for appointing a guardian pursuant to section 633.552 is 28 not satisfied. 29 3. The court shall terminate a conservatorship for an adult 30 if the court finds by clear and convincing evidence that the 31 basis for appointing a conservator pursuant to section 633.553 32 or 633.554 is not satisfied. 33 4. The standard of proof and the burden of proof to be 34 applied in a termination proceeding to terminate a guardianship 35 -14- LSB 5932HV (3) 88 as/jh 14/ 29

H.F. 2564 or conservatorship for an adult shall be the same as set forth 1 in section 633.551, subsection 2 . 2 Sec. 15. REPEAL. Section 633.671, Code 2020, is repealed. 3 Sec. 16. EFFECTIVE DATE. The following, being deemed of 4 immediate importance, take effect upon enactment: 5 1. The section of this division of this Act amending section 6 633.669, subsection 1. 7 2. The section of this division of this Act amending section 8 633.670. 9 Sec. 17. RETROACTIVE APPLICABILITY. The following apply 10 retroactively to January 1, 2020: 11 1. The section of this division of this Act amending section 12 633.669, subsection 1. 13 2. The section of this division of this Act amending section 14 633.670. 15 DIVISION II 16 CONFORMING CHANGES 17 Sec. 18. Section 633.3, subsections 9, 17, 22, and 23, Code 18 2020, are amended to read as follows: 19 9. Conservator —— a person appointed by the court to have 20 the custody and control of the property of a ward protected 21 person under the provisions of this probate code. 22 17. Estate —— the real and personal property of either a 23 decedent or a ward protected person , and may also refer to the 24 real and personal property of a trust described in section 25 633.10 . 26 22. Guardian —— the person appointed by the court to have 27 the custody of the person of the ward protected person under 28 the provisions of this probate code. 29 23. Guardian of the property —— at the election of the 30 person appointed by the court to have the custody and care of 31 the property of a ward protected person , the term “guardian of 32 the property” may be used, which term shall be synonymous with 33 the term “conservator” . 34 Sec. 19. Section 633.78, subsection 1, unnumbered paragraph 35 -15- LSB 5932HV (3) 88 as/jh 15/ 29

H.F. 2564 1, Code 2020, is amended to read as follows: 1 A fiduciary under this chapter may present a written request 2 to any person for the purpose of obtaining property owned by 3 a decedent or by a ward protected person of a conservatorship 4 for which the fiduciary has been appointed, or property to 5 which a decedent or ward protected person is entitled, or 6 for information about such property needed to perform the 7 fiduciary’s duties. The request must contain statements 8 confirming all of the following: 9 Sec. 20. Section 633.78, subsection 1, paragraph b, Code 10 2020, is amended to read as follows: 11 b. The request has been signed by all fiduciaries acting on 12 behalf of the decedent or ward protected person . 13 Sec. 21. Section 633.78, subsection 4, paragraph a, Code 14 2020, is amended to read as follows: 15 a. Damages sustained by the decedent’s or ward’s protected 16 person’s estate. 17 Sec. 22. Section 633.80, Code 2020, is amended to read as 18 follows: 19 633.80 Fiduciary of a fiduciary. 20 A fiduciary has no authority to act in a matter wherein the 21 fiduciary’s decedent or ward protected person was merely a 22 fiduciary, except that the fiduciary shall file a report and 23 accounting on behalf of the decedent or ward protected person 24 in said matter. 25 Sec. 23. Section 633.93, Code 2020, is amended to read as 26 follows: 27 633.93 Limitation on actions affecting deeds. 28 No action for recovery of any real estate sold by any 29 fiduciary can be maintained by any person claiming under the 30 deceased, the ward protected person , or a beneficiary, unless 31 brought within five years after the date of the recording of 32 the conveyance. 33 Sec. 24. Section 633.112, Code 2020, is amended to read as 34 follows: 35 -16- LSB 5932HV (3) 88 as/jh 16/ 29

H.F. 2564 633.112 Discovery of property. 1 The court may require any person suspected of having 2 possession of any property, including records and documents, 3 of the decedent, ward protected person , or the estate, or of 4 having had such property under the person’s control, to appear 5 and submit to an examination under oath touching such matters, 6 and if on such examination it appears that the person has the 7 wrongful possession of any such property, the court may order 8 the delivery thereof to the fiduciary. Such a person shall be 9 liable to the estate for all damages caused by the person’s 10 acts. 11 Sec. 25. Section 633.123, subsection 1, paragraph b, 12 subparagraph (3), Code 2020, is amended to read as follows: 13 (3) The needs and rights of the beneficiaries or the ward 14 protected person . 15 Sec. 26. Section 633.558, subsection 3, Code 2020, is 16 amended to read as follows: 17 3. Notice of the filing of a petition given to persons under 18 subsections subsection 2 and 3 shall include a statement that 19 such persons may register to receive notice of the hearing 20 on the petition and other proceedings and the manner of such 21 registration. 22 Sec. 27. Section 633.560, subsection 3, Code 2020, is 23 amended to read as follows: 24 3. The court shall require the proposed guardian or 25 conservator to attend the hearing on the petition but the court 26 may excuse the proposed guardian’s or conservator’s attendance 27 for good cause shown. 28 Sec. 28. Section 633.561, subsection 4, paragraphs c and f, 29 Code 2020, are amended to read as follows: 30 c. Ensure that the respondent has been properly advised of 31 the respondent’s rights in a guardianship or conservatorship 32 proceeding. 33 f. Ensure that the guardianship or conservatorship 34 procedures conform to the statutory and due process 35 -17- LSB 5932HV (3) 88 as/jh 17/ 29

H.F. 2564 requirements of Iowa law. 1 Sec. 29. Section 633.561, subsection 5, paragraphs a and b, 2 Code 2020, are amended to read as follows: 3 a. Inform the respondent of the effects of the order entered 4 for appointment of guardian or conservator . 5 b. Advise the respondent of the respondent’s rights to 6 petition for modification or termination of the guardianship 7 or conservatorship . 8 Sec. 30. Section 633.562, subsection 5, paragraphs a and b, 9 Code 2020, are amended to read as follows: 10 a. A recommendation regarding the appropriateness of a 11 limited guardianship or conservatorship for the respondent, 12 including whether less restrictive alternatives are available. 13 b. A statement of the qualifications of the guardian or 14 conservator together with a statement of whether the respondent 15 has expressed agreement with the appointment of the proposed 16 guardian or conservator. 17 Sec. 31. Section 633.580, subsections 1 and 4, Code 2020, 18 are amended to read as follows: 19 1. The name, age, and last known post office address of the 20 proposed ward protected person . 21 4. A general description of the property of the proposed 22 ward protected person within this state and of the proposed 23 ward’s protected person’s right to receive property; also, the 24 estimated present value of the real estate, the estimated value 25 of the personal property, and the estimated gross annual income 26 of the estate. If any money is payable, or to become payable, 27 to the proposed ward protected person by the United States 28 through the United States department of veterans affairs, the 29 petition shall so state. 30 Sec. 32. Section 633.591A, Code 2020, is amended to read as 31 follows: 32 633.591A Voluntary petition for appointment of conservator 33 for a minor —— standby basis. 34 A person having physical and legal custody of a minor 35 -18- LSB 5932HV (3) 88 as/jh 18/ 29

H.F. 2564 may execute a verified petition for the appointment of a 1 standby conservator of the proposed ward’s protected person’s 2 property, upon the express condition that the petition shall 3 be acted upon by the court only upon the occurrence of an event 4 specified or the existence of a described condition of the 5 mental or physical health of the petitioner, the occurrence 6 of which event, or the existence of which condition, shall be 7 established in the manner directed in the petition. 8 Sec. 33. Section 633.603, Code 2020, is amended to read as 9 follows: 10 633.603 Appointment of foreign conservators. 11 When there is no conservatorship, nor any application 12 therefor pending, in this state, the duly qualified foreign 13 conservator or guardian of a nonresident ward protected 14 person may, upon application, be appointed conservator of the 15 property of such person in this state; provided that a resident 16 conservator is appointed to serve with the foreign conservator; 17 and provided further, that for good cause shown, the court 18 may appoint the foreign conservator to act alone without the 19 appointment of a resident conservator. 20 Sec. 34. Section 633.604, Code 2020, is amended to read as 21 follows: 22 633.604 Application. 23 The application for appointment of a foreign conservator 24 or guardian as conservator in this state shall include the 25 name and address of the nonresident ward protected person , and 26 of the nonresident conservator or guardian, and the name and 27 address of the resident conservator to be appointed. It shall 28 be accompanied by a certified copy of the original letters 29 or other authority conferring the power upon the foreign 30 conservator or guardian to act as such. The application 31 shall also state the cause for the appointment of the foreign 32 conservator to act as sole conservator, if such be the case. 33 Sec. 35. Section 633.605, Code 2020, is amended to read as 34 follows: 35 -19- LSB 5932HV (3) 88 as/jh 19/ 29

H.F. 2564 633.605 Personal property. 1 A foreign conservator or guardian of a nonresident may 2 be authorized by the court of the county wherein such ward 3 protected person has personal property to receive the same upon 4 compliance with the provisions of sections 633.606 , 633.607 and 5 633.608 . 6 Sec. 36. Section 633.607, Code 2020, is amended to read as 7 follows: 8 633.607 Order for delivery. 9 Upon the filing of the bond as above provided, and the court 10 being satisfied with the amount thereof, it shall order the 11 personal property of the ward protected person delivered to 12 such conservator or guardian. 13 Sec. 37. Section 633.633, Code 2020, is amended to read as 14 follows: 15 633.633 Provisions applicable to all fiduciaries shall 16 govern. 17 The provisions of this probate code applicable to all 18 fiduciaries shall govern the appointment, qualification, oath 19 and bond of guardians and conservators, except that a guardian 20 shall not be required to give bond unless the court, for good 21 cause, finds that the best interests of the ward protected 22 person require a bond. The court shall then fix the terms and 23 conditions of such bond. 24 Sec. 38. Section 633.633B, Code 2020, is amended to read as 25 follows: 26 633.633B Tort liability of guardians and conservators. 27 The fact that a person is a guardian or conservator shall not 28 in itself make the person personally liable for damages for the 29 acts of the ward protected person . 30 Sec. 39. Section 633.636, Code 2020, is amended to read as 31 follows: 32 633.636 Effect of appointment of guardian or conservator. 33 The appointment of a guardian or conservator shall not 34 constitute an adjudication that the ward protected person is of 35 -20- LSB 5932HV (3) 88 as/jh 20/ 29

H.F. 2564 unsound mind. 1 Sec. 40. Section 633.637, Code 2020, is amended to read as 2 follows: 3 633.637 Powers of ward protected person . 4 1. A ward protected person for whom a conservator has been 5 appointed shall not have the power to convey, encumber, or 6 dispose of property in any manner, other than by will if the 7 ward protected person possesses the requisite testamentary 8 capacity, unless the court determines that the ward protected 9 person has a limited ability to handle the ward’s protected 10 person’s own funds. If the court makes such a finding, the 11 court shall specify to what extent the ward protected person 12 may possess and use the ward’s protected person’s own funds. 13 2. Any modification of the powers of the ward protected 14 person that would be more restrictive of the ward’s protected 15 person’s control over the ward’s protected person’s financial 16 affairs shall be based upon clear and convincing evidence 17 and the burden of persuasion is on the conservator. Any 18 modification that would be less restrictive of the ward’s 19 protected person’s control over the ward’s protected person’s 20 financial affairs shall be based upon proof in accordance with 21 the requirements of section 633.675 . 22 Sec. 41. Section 633.637A, Code 2020, is amended to read as 23 follows: 24 633.637A Rights of ward protected person under guardianship. 25 An adult ward protected person under a guardianship has the 26 right of communication, visitation, or interaction with other 27 persons upon the consent of the adult ward protected person , 28 subject to section 633.635, subsection 2 , paragraph “i” , and 29 section 633.635, subsection 3 , paragraph “c” . If an adult ward 30 protected person is unable to give express consent to such 31 communication, visitation, or interaction with a person due 32 to a physical or mental condition, consent of an adult ward 33 protected person may be presumed by a guardian or a court based 34 on an adult ward’s protected person’s prior relationship with 35 -21- LSB 5932HV (3) 88 as/jh 21/ 29

H.F. 2564 such person. 1 Sec. 42. Section 633.638, Code 2020, is amended to read as 2 follows: 3 633.638 Presumption of fraud. 4 If a conservator be appointed, all contracts, transfers and 5 gifts made by the ward protected person after the filing of the 6 petition shall be presumed to be a fraud against the rights 7 and interest of the ward protected person except as otherwise 8 directed by the court pursuant to section 633.637 . 9 Sec. 43. Section 633.639, Code 2020, is amended to read as 10 follows: 11 633.639 Title to ward’s protected person’s property. 12 The title to all property of the ward protected person is 13 in the ward protected person and not the conservator subject, 14 however, to the possession of the conservator and to the 15 control of the court for the purposes of administration, 16 sale or other disposition, under the provisions of the 17 law. Any real property titled at any time in the name of a 18 conservatorship shall be deemed to be titled in the ward’s 19 protected person’s name subject to the conservator’s right of 20 possession. 21 Sec. 44. Section 633.640, Code 2020, is amended to read as 22 follows: 23 633.640 Conservator’s right to possession. 24 Every conservator shall have a right to, and shall take, 25 possession of all of the real and personal property of the 26 ward protected person . The conservator shall pay the taxes 27 and collect the income therefrom until the conservatorship is 28 terminated. The conservator may maintain an action for the 29 possession of the property, and to determine the title to the 30 same. 31 Sec. 45. Section 633.643, Code 2020, is amended to read as 32 follows: 33 633.643 Disposal of will by conservator. 34 When an instrument purporting to be the will of the ward 35 -22- LSB 5932HV (3) 88 as/jh 22/ 29

H.F. 2564 protected person comes into the hands of a conservator, the 1 conservator shall immediately deliver it to the court. 2 Sec. 46. Section 633.644, Code 2020, is amended to read as 3 follows: 4 633.644 Court order to preserve testamentary intent of ward 5 protected person . 6 Upon receiving an instrument purporting to be the will of a 7 living ward protected person under the provisions of section 8 633.643 , the court may open said will and read it. The court 9 with or without notice, as it may determine, may enter such 10 orders in the conservatorship as it deems advisable for the 11 proper administration of the conservatorship in light of the 12 expressed testamentary intent of the ward protected person . 13 Sec. 47. Section 633.645, Code 2020, is amended to read as 14 follows: 15 633.645 Court to deliver will to clerk. 16 An instrument purporting to be the will of a ward protected 17 person coming into the hands of the court under the provisions 18 of section 633.643 , shall thereafter be resealed by the court 19 and be deposited with the clerk to be held by said clerk as 20 provided in sections 633.286 through 633.289 . 21 Sec. 48. Section 633.653A, Code 2020, is amended to read as 22 follows: 23 633.653A Claims for cost of medical care or services. 24 The provision of medical care or services to a ward protected 25 person who is a recipient of medical assistance under chapter 26 249A creates a claim against the conservatorship for the amount 27 owed to the provider under the medical assistance program for 28 the care or services. The amount of the claim, after being 29 allowed or established as provided in this part, shall be paid 30 by the conservator from the assets of the conservatorship. 31 Sec. 49. Section 633.654, Code 2020, is amended to read as 32 follows: 33 633.654 Form and verification of claims —— general 34 requirements. 35 -23- LSB 5932HV (3) 88 as/jh 23/ 29

H.F. 2564 No claim shall be allowed against the estate of a ward 1 protected person upon application of the claimant unless 2 it shall be in writing, filed in duplicate with the clerk, 3 stating the claimant’s name and address, and describing the 4 nature and the amount thereof, if ascertainable. It shall be 5 accompanied by the affidavit of the claimant, or of someone for 6 the claimant, that the amount is justly due, or if not due, 7 when it will or may become due, that no payments have been 8 made thereon which are not credited, and that there are no 9 offsets to the same, to the knowledge of the affiant, except as 10 therein stated. The duplicate of said claim shall be mailed 11 by the clerk to the conservator or the conservator’s attorney 12 of record; however, valid contract claims arising in the 13 ordinary course of the conduct of the business or affairs of 14 the ward protected person by the conservator may be paid by the 15 conservator without requiring affidavit or filing. 16 Sec. 50. Section 633.656, Code 2020, is amended to read as 17 follows: 18 633.656 How claim entitled. 19 All claims filed against the estate of the ward protected 20 person shall be entitled in the name of the claimant against 21 the conservator as such, naming the conservator, and in all 22 further proceedings thereon, this title shall be preserved. 23 Sec. 51. Section 633.660, Code 2020, is amended to read as 24 follows: 25 633.660 Execution and levy prohibited. 26 No execution shall issue upon, nor shall any levy be made 27 against, any property of the estate of a ward protected person 28 under any judgment against the ward protected person or a 29 conservator, but the provisions of this section shall not be so 30 construed as to prevent the enforcement of a mortgage, pledge, 31 or other lien upon property in an appropriate proceeding. 32 Sec. 52. Section 633.661, Code 2020, is amended to read as 33 follows: 34 633.661 Claims of conservators. 35 -24- LSB 5932HV (3) 88 as/jh 24/ 29

H.F. 2564 If the conservator is a creditor of the ward protected 1 person , the conservator shall file the claim as other 2 creditors, and the court shall appoint some competent person as 3 temporary conservator to represent the ward protected person 4 at the hearing on the conservator’s claim. The same procedure 5 shall be followed in the case of coconservators where all 6 such conservators are creditors of the ward protected person ; 7 but if one of the coconservators is not a creditor of the 8 ward protected person , such disinterested conservator shall 9 represent the ward protected person at the hearing on any claim 10 against the ward protected person by a coconservator. 11 Sec. 53. Section 633.662, Code 2020, is amended to read as 12 follows: 13 633.662 Claims not filed. 14 The conservator may pay any valid claim against the estate of 15 the ward protected person even though such claim has not been 16 filed, but all such payments made by the conservator shall be 17 at the conservator’s own peril. 18 Sec. 54. Section 633.664, Code 2020, is amended to read as 19 follows: 20 633.664 Liens not affected by failure to file claim. 21 Nothing in sections 633.654 and 633.658 shall affect or 22 prevent an action or proceeding to enforce any mortgage, 23 pledge, or other lien upon the property of the ward protected 24 person . 25 Sec. 55. Section 633.665, Code 2020, is amended to read as 26 follows: 27 633.665 Separate actions and claims. 28 1. Any action pending against the ward protected person at 29 the time the conservator is appointed shall also be considered 30 a claim filed in the conservatorship if notice of substitution 31 is served on the conservator as defendant and a duplicate of 32 the proof of service of notice of such proceeding is filed in 33 the conservatorship proceeding. 34 2. A separate action based on a debt or other liability 35 -25- LSB 5932HV (3) 88 as/jh 25/ 29

H.F. 2564 of the ward protected person may be commenced against the 1 conservator in lieu of filing a claim in the conservatorship. 2 Such an action shall be commenced by serving an original notice 3 on the conservator and filing a duplicate of the proof of 4 service of notice of such proceeding in the conservatorship 5 proceeding. Such an action shall also be considered a claim 6 filed in the conservatorship. Such an action may be commenced 7 only in a county where the venue would have been proper if 8 there were no conservatorship and the action had been commenced 9 against the ward protected person . 10 Sec. 56. Section 633.667, Code 2020, is amended to read as 11 follows: 12 633.667 Payment of claims in insolvent conservatorships. 13 When it appears that the assets in a conservatorship are 14 insufficient to pay in full all the claims against such 15 conservatorship, the conservator shall report such matter to 16 the court, and the court shall, upon hearing, with notice to 17 all persons who have filed claims in the conservatorship, make 18 an order for the pro rata payment of claims giving claimants 19 the same priority, if any, as they would have if the ward 20 protected person were not under conservatorship. 21 Sec. 57. Section 633.668, Code 2020, is amended to read as 22 follows: 23 633.668 Conservator may make gifts. 24 For good cause shown and under order of court, a conservator 25 may make gifts on behalf of the ward protected person out of 26 the assets under a conservatorship to persons or religious, 27 educational, scientific, charitable, or other nonprofit 28 organizations to whom or to which such gifts were regularly 29 made prior to the commencement of the conservatorship, or on 30 a showing to the court that such gifts would benefit the ward 31 protected person or the ward’s protected person’s estate from 32 the standpoint of income, gift, estate or inheritance taxes. 33 The making of gifts out of the assets must not foreseeably 34 impair the ability to provide adequately for the best interests 35 -26- LSB 5932HV (3) 88 as/jh 26/ 29

H.F. 2564 of the ward protected person . 1 Sec. 58. Section 633.673, Code 2020, is amended to read as 2 follows: 3 633.673 Court costs in guardianships. 4 The ward protected person or the ward’s protected person’s 5 estate shall be charged with the court costs of a ward’s 6 protected person’s guardianship, including the guardian’s fees 7 and the fees of the attorney for the guardian. The court 8 may, upon application, enter an order waiving payment of the 9 court costs in indigent cases. However, if the ward protected 10 person or ward’s protected person’s estate becomes financially 11 capable of paying any waived costs, the costs shall be paid 12 immediately. 13 Sec. 59. Section 633.676, Code 2020, is amended to read as 14 follows: 15 633.676 Assets exhausted. 16 At any time that the assets of the ward’s protected person’s 17 estate do not exceed the amount of the charges and claims 18 against it, the court may direct the conservator to proceed to 19 terminate the conservatorship. 20 Sec. 60. Section 633.677, Code 2020, is amended to read as 21 follows: 22 633.677 Accounting to ward protected person —— notice. 23 Upon the termination of a conservatorship, the conservator 24 shall pay the costs of administration and shall render a full 25 and complete accounting to the ward protected person or the 26 ward’s protected person’s personal representative and to the 27 court. Notice of the final report of a conservator shall be 28 served on the ward protected person or the ward’s protected 29 person’s personal representative, in accordance with section 30 633.40 , unless notice is waived. An order prescribing notice 31 may be made before or after the filing of the final report. 32 Sec. 61. Section 633.681, Code 2020, is amended to read as 33 follows: 34 633.681 Assets of minor ward protected person exhausted. 35 -27- LSB 5932HV (3) 88 as/jh 27/ 29

H.F. 2564 When the assets of a minor ward’s protected person’s 1 conservatorship are exhausted or consist of personal property 2 only of an aggregate value not in excess of twenty-five 3 thousand dollars, the court, upon application or upon its 4 own motion, may terminate the conservatorship. The order 5 for termination shall direct the conservator to deliver any 6 property remaining after the payment of allowed claims and 7 expenses of administration to a custodian under any uniform 8 transfers to minors Act. Such delivery shall have the same 9 force and effect as if delivery had been made to the ward 10 protected person after attaining majority. 11 Sec. 62. Section 633.682, Code 2020, is amended to read as 12 follows: 13 633.682 Discharge of conservator and release of bond. 14 Upon settlement of the final accounting of a conservator, 15 and upon determining that the property of the ward protected 16 person has been delivered to the person or persons lawfully 17 entitled thereto, the court shall discharge the conservator and 18 exonerate the surety on the conservator’s bond. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the opening, administration, and 23 termination of adult guardianships and conservatorships and 24 includes effective date and applicability provisions. 25 DIVISION I —— ADULT GUARDIANSHIPS AND CONSERVATORSHIPS. The 26 bill amends current law to provide that Code sections apply to 27 both guardianships and conservatorships of adults. 28 The bill provides that a court visitor will be discharged 29 upon the appointment of a guardian or conservator unless 30 ordered by the court to continue. 31 The bill provides that a petition for guardianship shall 32 provide a brief description of the respondent’s alleged 33 functional limitations which make the respondent unable to 34 provide for their safety, care, or necessities. 35 -28- LSB 5932HV (3) 88 as/jh 28/ 29

H.F. 2564 The bill provides that the court, for good cause, may share 1 the results of background checks related to the suitability 2 of a proposed guardian with the respondent, the respondent’s 3 attorney, and the attorney of the protected person. 4 The bill provides that a court, for good cause and after a 5 hearing, may extend the duration of a temporary guardianship or 6 conservatorship beyond 60 days. An extension shall not be for 7 more than 60 days at a time. 8 The bill specifies that a court-ordered professional 9 evaluation conducted at or before a hearing on a petition for 10 the appointment of a guardian or conservator must be filed with 11 the court. 12 The bill amends the information required to be contained in 13 a guardian’s written verified reports including the initial 14 care plan and annual reports, and information required to be 15 included in reports by conservators including the initial 16 financial management plan, the annual report, and the final 17 report. 18 The bill amends reporting requirements for guardians, and 19 requires that guardians must obtain court approval prior to any 20 significant deviation from the initial care plan filed with the 21 court. These changes are immediately effective and retroactive 22 to January 1, 2020. 23 The bill amends reporting requirements for conservators. 24 The conservator must give notice of filing a plan, and if no 25 objection is made within 20 days, the conservator must submit 26 a proposed order to the court approving the initial plan. If 27 there are objections to the plan, the court must set the matter 28 for hearing. These changes are immediately effective and 29 retroactive to January 1, 2020. 30 DIVISION II —— CONFORMING CHANGES. The bill makes 31 conforming changes to the probate code by changing the term 32 “ward” to “protected person”. 33 -29- LSB 5932HV (3) 88 as/jh 29/ 29