H.F. _____ 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 six months prior to immediately preceding the filing of the 22 petition, or any institution or facility where the respondent 23 has resided for at least six months prior to the filing of the 24 petition. 25 f. e. Any legal representative or representative payee of 26 the respondent. 27 g. f. Any person designated as an attorney in fact in a 28 durable power of attorney for health care which is valid under 29 chapter 144B , or any person designated as an agent in a durable 30 power of attorney which is valid under chapter 633B . 31 8. The A petition for conservator shall provide a brief 32 description of the respondent’s alleged functional limitations 33 that make the respondent unable to communicate or carry out 34 important decisions concerning the respondent’s financial 35 -1- LSB 5932YC (5) 88 as/jh 1/ 31

H.F. _____ affairs. A petition for guardianship shall provide a brief 1 description of the respondent’s alleged functional limitations 2 that make the respondent unable to provide for the respondent’s 3 safety or to provide for necessities. 4 Sec. 2. Section 633.558, subsection 3, Code 2020, is amended 5 to read as follows: 6 3. Notice of the filing of a petition given to persons under 7 subsections subsection 2 and 3 shall include a statement that 8 such persons may register to receive notice of the hearing 9 on the petition and other proceedings and the manner of such 10 registration. 11 Sec. 3. Section 633.560, subsection 3, Code 2020, is amended 12 to read as follows: 13 3. The court shall require the proposed guardian or 14 conservator to attend the hearing on the petition but the court 15 may excuse the proposed guardian’s or conservator’s attendance 16 for good cause shown. 17 Sec. 4. Section 633.561, subsection 1, paragraph a, Code 18 2020, is amended to read as follows: 19 a. If the respondent is an adult and is not the petitioner , 20 the respondent is entitled to representation by an attorney. 21 Upon the filing of the petition, the court shall appoint an 22 attorney to represent the respondent, set a hearing on the 23 petition, and provide for notice of the appointment of counsel 24 and the date for hearing. 25 Sec. 5. Section 633.561, subsection 4, paragraphs c and f, 26 Code 2020, are amended to read as follows: 27 c. Ensure that the respondent has been properly advised of 28 the respondent’s rights in a guardianship or conservatorship 29 proceeding. 30 f. Ensure that the guardianship or conservatorship 31 procedures conform to the statutory and due process 32 requirements of Iowa law. 33 Sec. 6. Section 633.561, subsection 5, paragraphs a and b, 34 Code 2020, are amended to read as follows: 35 -2- LSB 5932YC (5) 88 as/jh 2/ 31

H.F. _____ a. Inform the respondent of the effects of the order entered 1 for appointment of guardian or conservator . 2 b. Advise the respondent of the respondent’s rights to 3 petition for modification or termination of the guardianship 4 or conservatorship . 5 Sec. 7. 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. 8. 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, 19 the court shall appoint a court visitor at the expense 20 of the respondent or the respondent’s estate, or, if the 21 respondent is indigent, the cost of the court visitor shall 22 be assessed against the county in which the proceedings are 23 pending. The court may appoint any qualified person as a court 24 visitor in a guardianship or conservatorship proceeding. A 25 person is qualified to serve in this capacity if the person 26 has demonstrated sufficient knowledge of guardianships or 27 conservatorships to adequately perform the duties in subsection 28 3. 29 Sec. 9. Section 633.562, subsection 5, paragraphs a and b, 30 Code 2020, are amended to read as follows: 31 a. A recommendation regarding the appropriateness of a 32 limited guardianship or conservatorship for the respondent, 33 including whether less restrictive alternatives are available. 34 b. A statement of the qualifications of the guardian or 35 -3- LSB 5932YC (5) 88 as/jh 3/ 31

H.F. _____ conservator together with a statement of whether the respondent 1 has expressed agreement with the appointment of the proposed 2 guardian or conservator. 3 Sec. 10. Section 633.562, Code 2020, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 7. A court visitor shall be discharged 6 from all further duties upon appointment of a guardian or 7 conservator, unless further ordered by the court. The court 8 may order a court visitor to continue to serve if the court 9 determines continued service would be in the best interest of 10 the protected person. If the court continues the service of 11 the court visitor, the court may limit the direct duties of the 12 court visitor as the court deems necessary. The court visitor 13 shall thereafter continue to serve until discharged by the 14 court. 15 Sec. 11. Section 633.563, subsection 7, unnumbered 16 paragraph 1, Code 2020, is amended to read as follows: 17 The results of the evaluation ordered by the court shall be 18 made available to filed with the court and made available to 19 the following: 20 Sec. 12. Section 633.569, Code 2020, is amended to read as 21 follows: 22 633.569 Emergency appointment of temporary guardian or 23 conservator. 24 1. A person authorized to file a petition under section 25 633.552, 633.553, or 633.554 633.556 or 633.557 may file an 26 application for the emergency appointment of a temporary 27 guardian or conservator. 28 2. Such application shall state all of the following: 29 a. The name and address of the respondent. 30 0b. The name and address of the petitioner and the 31 petitioner’s relationship to the respondent. 32 b. The name and address of the proposed guardian or 33 conservator and the reason the proposed guardian or conservator 34 should be selected. 35 -4- LSB 5932YC (5) 88 as/jh 4/ 31

H.F. _____ 0c. The names and addresses, to the extent known, of any 1 other persons who must be named in the petition for appointment 2 of a guardian or conservator under section 633.556 or 633.557. 3 c. The reason the emergency appointment of a temporary 4 guardian or conservator is sought. 5 3. The court may enter an ex parte order appointing a 6 temporary guardian or conservator on an emergency basis 7 under this section if the court finds by clear and convincing 8 evidence that all of the following conditions are met: 9 a. There is not sufficient time to file a petition and hold 10 a hearing pursuant to section 633.552, 633.553, or 633.554 11 633.556, 633.557, or 633.560 . 12 b. The appointment of a temporary guardian or conservator 13 is necessary to avoid immediate or and irreparable harm to the 14 respondent before a hearing with notice to the respondent can 15 be held . 16 c. There is reason to believe that the basis for appointment 17 of guardian or conservator exists under section 633.552, 18 633.553, or 633.554 633.556 or 633.557 . 19 04. Immediately on filing of an application for the 20 emergency appointment of a temporary guardian or conservator, 21 the court shall appoint an attorney to represent the respondent 22 in the proceeding. 23 4. Notice of a petition for the appointment of a temporary 24 guardian or conservator and the issuance of an ex parte 25 order appointing a temporary guardian or conservator shall be 26 provided not later than forty-eight hours after the issuance of 27 the order of appointment to the respondent, the respondent’s 28 attorney, and any other person the court determines should 29 receive notice. Notice shall be provided by personal service 30 unless otherwise directed by the court. 31 5. Upon the issuance of an ex parte order, if the respondent 32 is an adult, the respondent may file a request for a hearing. 33 If the respondent is a minor, the respondent, a parent having 34 legal custody of the respondent, or any other person having 35 -5- LSB 5932YC (5) 88 as/jh 5/ 31

H.F. _____ legal custody of the respondent may file a written request for 1 a hearing. Such hearing shall be held no later than seven days 2 after the filing of a written request A hearing shall be held 3 not more than seven days after the issuance of an ex parte 4 order appointing a temporary guardian or conservator . 5 6. The powers of the temporary guardian or conservator 6 set forth in the order of the court shall be limited to those 7 necessary to address the emergency situation requiring the 8 appointment of a temporary guardian or conservator. 9 7. The temporary guardianship or conservatorship shall 10 terminate within thirty days after the order is issued. 11 8. The temporary guardian or conservator shall submit any 12 report the court requires. 13 Sec. 13. Section 633.570, subsections 1 and 2, Code 2020, 14 are amended to read as follows: 15 1. In a proceeding for the appointment of a guardian, 16 the respondent shall be given written notice which advises 17 the respondent of the powers that that the court may grant 18 a guardian may exercise without court approval pursuant to 19 the powers set out in section 633.635, subsection 2 , and the 20 powers that the guardian may exercise only with court approval 21 pursuant to set out in section 633.635, subsection 3 , and the 22 pertinent powers the guardian may exercise as a fiduciary . 23 2. In a proceeding for the appointment of a conservator, 24 the respondent shall be given written notice which advises the 25 respondent of the powers that the court may grant a conservator 26 may exercise without court approval pursuant to the powers set 27 out in section 633.646 and the powers that the guardian may 28 exercise only with court approval pursuant to section 633.647 29 633.642, and the pertinent powers the guardian may exercise as 30 a fiduciary . 31 Sec. 14. Section 633.635, subsection 1, Code 2020, is 32 amended to read as follows: 33 1. The order by the court appointing a guardian shall state 34 the basis for the guardianship pursuant to section 633.552 35 -6- LSB 5932YC (5) 88 as/jh 6/ 31

H.F. _____ and the date on which the first reporting period for the 1 guardianship shall end . 2 Sec. 15. Section 633.635, subsection 2, unnumbered 3 paragraph 1, Code 2020, is amended to read as follows: 4 Based upon the evidence produced at the hearing, the court 5 may grant a guardian the following powers and duties with 6 respect to a protected person which may be exercised without 7 prior court approval : 8 Sec. 16. Section 633.635, subsection 3, unnumbered 9 paragraph 1, Code 2020, is amended to read as follows: 10 A Notwithstanding subsection 2, a guardian may be granted 11 the following powers which may only be exercised upon court 12 approval: 13 Sec. 17. Section 633.635, subsection 3, paragraph b, Code 14 2020, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (4) Any major elective surgery or any 16 other nonemergency major medical procedure, unless advance 17 notice of the procedure was included in the guardian’s initial 18 care plan that was approved by the court. For purposes of 19 this subparagraph, “major elective surgery” and “nonemergency 20 major medical procedure” do not include the provision of 21 routine physical and dental examinations and procedures under 22 anesthesia, if the use of anesthesia is necessitated by the 23 physical or mental disability of the protected person, and if 24 the anesthesia is provided within the scope of the health care 25 practitioner’s scope of practice. 26 Sec. 18. Section 633.641, subsection 3, Code 2020, is 27 amended to read as follows: 28 3. If a protected person has executed a valid power of 29 attorney under chapter 633B , the conservator shall act in 30 accordance with the applicable provisions of chapter 633B 31 If the court appoints a conservator for a protected person 32 who has previously executed a valid power of attorney under 33 chapter 633B, the power of attorney is suspended unless the 34 power of attorney provides otherwise or the court appointing 35 -7- LSB 5932YC (5) 88 as/jh 7/ 31

H.F. _____ the conservator orders that the power of attorney should 1 continue . If the power of attorney continues, the agent is 2 accountable to the conservator as well as the principal. The 3 power of attorney shall be reinstated upon termination of 4 the conservatorship as a result of the principal regaining 5 capacity. 6 Sec. 19. Section 633.642, unnumbered paragraph 1, Code 7 2020, is amended to read as follows: 8 Except as otherwise ordered by the court , and except 9 for those powers relating to all fiduciaries as set out in 10 sections 633.63 through 633.162 which may be exercised without 11 approval of the court unless expressly modified by the court , 12 a conservator must give notice to persons entitled to notice 13 and receive specific prior authorization by the court before 14 the conservator may take any other action on behalf of the 15 protected person. These other powers Powers requiring court 16 approval include but are not limited to the authority of the 17 conservator to: 18 Sec. 20. Section 633.669, subsection 1, Code 2020, is 19 amended to read as follows: 20 1. A guardian appointed by the court under this chapter 21 shall file with the court the following written verified 22 reports which shall not be waived by the court: 23 a. An initial care plan filed within sixty days of 24 appointment. In the case of guardianships established before 25 January 1, 2020, a guardian shall file the plan within sixty 26 days after the close of the next reporting period of the 27 guardianship following January 1, 2020. The information in 28 the initial care plan shall include but not be limited to the 29 following information: 30 (01) The age of the protected person, the reasons for the 31 protected person’s guardianship, and the highest educational 32 level attained by the protected person. 33 (1) The current residence of the protected person and the 34 guardian’s plan for the protected person’s living arrangements. 35 -8- LSB 5932YC (5) 88 as/jh 8/ 31

H.F. _____ (2) The current sources of payment for the protected 1 person’s living expenses and other expenses, and the guardian’s 2 plan for payment of the protected person’s living expenses and 3 other expenses. 4 (3) The protected person’s health status and health care 5 needs, and the guardian’s plan for meeting the protected 6 person’s needs for medical, dental, and other health care 7 needs. 8 (3A) A concise description of whether the protected person 9 has a living will or health care power of attorney, if any. 10 (4) If applicable, the protected person’s need for other 11 professional services for mental, behavioral, or emotional 12 problems, or other problems, and the guardian’s plan for other 13 professional services needed by the protected person. 14 (5) If applicable, a concise statement of the protected 15 person’s employment status, the protected person’s need 16 for educational, training, or vocational services, and the 17 guardian’s plan for meeting the educational, training, and 18 vocational needs of the protected person. 19 (6) If applicable, the guardian’s plan for facilitating the 20 participation of the protected person in social activities. 21 (7) The guardian’s plan for facilitating contacts between 22 the protected person and the protected person’s family members 23 and other significant persons significant in the life of the 24 protected person . 25 (8) The guardian’s plan for contact with, and activities on 26 behalf of, the protected person. 27 (9) The powers that the guardian requests to carry out the 28 initial care plan. 29 (10) The guardian shall file an amended plan when there 30 has been a significant change in the circumstances or the 31 guardian seeks to deviate significantly from the plan. The 32 guardian must obtain court approval of the amended plan before 33 implementing any of its provisions. 34 b. An annual report, filed within sixty days of the close 35 -9- LSB 5932YC (5) 88 as/jh 9/ 31

H.F. _____ of the reporting period , unless the court otherwise orders on 1 good cause shown . The information in the annual report shall 2 include but not be limited to the following information: 3 (1) The current living arrangements of the protected 4 person. 5 (2) The sources of payment for the protected person’s living 6 expenses and other expenses. 7 (3) A description, if applicable, of the following: 8 (a) The protected person’s physical and mental health 9 status and the medical, dental, and other professional health 10 services provided to the protected person. 11 (0b) The protected person’s mental, behavioral, or 12 emotional problems, or other problems, and the professional 13 services provided the protected person for mental, behavioral, 14 or emotional problems, or other problems. 15 (b) If applicable, the protected person’s employment status 16 and the educational, training, and vocational services provided 17 to the protected person. 18 (0c) The guardian’s facilitation of the participation of 19 the protected person in social activities. 20 (c) The contact of the protected person with family members 21 and other significant persons. 22 (d) The nature and extent of the guardian’s visits with, and 23 activities on behalf of, the protected person. 24 (04) The guardian’s changes to the care plan for the 25 protected person for the next annual reporting period. 26 (004) The powers that the guardian requests to carry out 27 the care plan for the protected person for the next annual 28 reporting period. 29 (4) The guardian’s recommendation as to the need for 30 continuation of the guardianship. 31 (5) The ability of the guardian to continue as guardian. 32 (6) The need of the guardian for assistance in providing or 33 arranging for the provision of the care and protection of the 34 protected person. 35 -10- LSB 5932YC (5) 88 as/jh 10/ 31

H.F. _____ c. A final report within thirty days of the termination 1 of the guardianship under section 633.675 unless that time is 2 extended by the court. 3 Sec. 21. Section 633.670, Code 2020, is amended to read as 4 follows: 5 633.670 Reports by conservators. 6 1. A conservator appointed by the court under this chapter 7 shall file an with the court a written verified initial 8 financial management plan for protecting, managing, investing, 9 expending, and distributing the assets of the conservatorship 10 estate within ninety days after appointment which shall not 11 be waived by the court . In the case of conservatorships 12 established before January 1, 2020, a conservator shall file 13 the plan within ninety days after the close of the next 14 reporting period ending after January 1, 2020. The plan must 15 be based on the needs of the protected person and take into 16 account the best interest of the protected person as well as 17 the protected person’s preference, values, and prior directions 18 to the extent known to, or reasonably ascertainable by, the 19 conservator. 20 a. The initial plan shall include all of the following: The 21 initial financial management plan shall state the protected 22 person’s age, residence, living arrangements, and sources of 23 payment for living expenses. 24 (1) A budget containing projected expenses and resources, 25 including an estimate of the total amount of fees the 26 conservator anticipates charging per year and a statement or 27 list of the amount the conservator proposes to charge for each 28 service the conservator anticipates providing to the protected 29 person. 30 (2) A statement as to how the conservator will involve 31 the protected person in decisions about management of the 32 conservatorship estate. 33 (3) If ordered by the court, any step the conservator plans 34 to take to develop or restore the ability of the protected 35 -11- LSB 5932YC (5) 88 as/jh 11/ 31

H.F. _____ person to manage the conservatorship estate. 1 (4) An estimate of the duration of the conservatorship. 2 b. If applicable, the protected person’s will shall be 3 attached to the plan or filed with the court and the protected 4 person’s prepaid burial trust and powers of attorney shall be 5 described. 6 c. The conservator shall include a proposed budget for the 7 protected person and budget-related information for the next 8 annual reporting period including all of the following: 9 (1) The protected person’s receipts and income and 10 the projected sources of income including, if applicable, 11 wages, social security income, pension and retirement plan 12 distribution, veterans’ benefits, rental income, interest 13 earnings, and dividends, and the total estimated receipts and 14 income. 15 (2) The protected person’s liabilities and debts including, 16 if applicable, mortgage, car loans, credit card debt, federal, 17 state, and property taxes owed and the total estimated 18 liabilities and debts; a list and concise explanation of 19 any liability or debt owed by the protected person to the 20 conservator; a list and concise explanation of the liability of 21 any other person for a liability of the protected person. 22 (3) The protected person’s estimated expenses on a monthly 23 and annual basis including, if applicable, nursing home or 24 facility charge, real property expenses for residence, food and 25 household expenses, utilities, household help and caregiver 26 expenses, health services and health insurance expenses, 27 educational and vocational expenses, personal auto and other 28 transportation expenses, clothing expenses, personal allowance 29 and other personal expenses, liabilities and debts, attorney 30 fees and other professional expenses, conservator fees, and 31 other administrative expenses. 32 d. The conservator shall include a list of the protected 33 person’s assets and the conservator’s plan for management 34 of these assets including, if applicable, financial 35 -12- LSB 5932YC (5) 88 as/jh 12/ 31

H.F. _____ accounts including checking and certificates of deposit and 1 cash, investments including stocks, bonds, mutual funds, 2 exchange-traded funds, individual retirement accounts and other 3 investment accounts, pension, profit-sharing, annuities, and 4 retirement fund, personal property including household goods 5 and vehicles, receivables including mortgages and liens payable 6 to the protected person’s estate or trust, life insurance, and 7 other property. 8 e. The conservator shall include a statement as to how the 9 conservator will involve the protected person in decisions 10 about management of the conservatorship estate. 11 f. If ordered by the court, the conservator shall include 12 any action the conservator plans to take to develop or 13 restore the ability of the protected person to manage the 14 conservatorship estate. 15 g. The conservator shall include the authority that the 16 guardian requests to carry out the initial financial plan 17 including expenditures in accordance with the proposed budget 18 for the protected person and the plan for the management of the 19 assets of the protected person for the next annual reporting 20 period. 21 b. h. Within two days after filing the initial plan, the 22 The conservator shall give provide notice of the filing of 23 the initial plan with and a copy of the initial plan to the 24 protected person, the protected person’s attorney , if any, and 25 court advisor visitor , if any, and others as directed by the 26 court. The notice must state that any person entitled to a 27 copy of the plan must file any objections to the plan not later 28 than fifteen days after it is filed twenty days from the date 29 of mailing notice of filing the initial plan . 30 c. i. At least If no objections have been filed within 31 twenty days after the plan has been filed, the court shall 32 review and determine whether the plan should be approved or 33 revised, after considering objections filed and whether the 34 plan is consistent with the conservator’s powers and duties 35 -13- LSB 5932YC (5) 88 as/jh 13/ 31

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

H.F. _____ the 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 28 including the total value of assets at the beginning and end 29 of the reporting 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 -15- LSB 5932YC (5) 88 as/jh 15/ 31

H.F. _____ 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 -16- LSB 5932YC (5) 88 as/jh 16/ 31

H.F. _____ 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 on 19 the protected person, the protected person’s attorney and court 20 advisor visitor , if any, and the veterans administration if the 21 protected person is receiving veterans veterans’ benefits. 22 Sec. 22. Section 633.675, subsections 2, 3, and 4, Code 23 2020, are amended to read as follows: 24 2. The court shall terminate a guardianship for an adult if 25 it the court finds by clear and convincing evidence that the 26 basis for appointing a guardian pursuant to section 633.552 is 27 not satisfied. 28 3. The court shall terminate a conservatorship for an adult 29 if the court finds by clear and convincing evidence that the 30 basis for appointing a conservator pursuant to section 633.553 31 or 633.554 is not satisfied. 32 4. The standard of proof and the burden of proof to be 33 applied in a termination proceeding to terminate a guardianship 34 or conservatorship for an adult shall be the same as set forth 35 -17- LSB 5932YC (5) 88 as/jh 17/ 31

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

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

H.F. _____ The court may require any person suspected of having 1 possession of any property, including records and documents, 2 of the decedent, ward protected person , or the estate, or of 3 having had such property under the person’s control, to appear 4 and submit to an examination under oath touching such matters, 5 and if on such examination it appears that the person has the 6 wrongful possession of any such property, the court may order 7 the delivery thereof to the fiduciary. Such a person shall be 8 liable to the estate for all damages caused by the person’s 9 acts. 10 Sec. 33. Section 633.123, subsection 1, paragraph b, 11 subparagraph (3), Code 2020, is amended to read as follows: 12 (3) The needs and rights of the beneficiaries or the ward 13 protected person . 14 Sec. 34. Section 633.580, subsections 1 and 4, Code 2020, 15 are amended to read as follows: 16 1. The name, age, and last known post office address of the 17 proposed ward protected person . 18 4. A general description of the property of the proposed 19 ward protected person within this state and of the proposed 20 ward’s protected person’s right to receive property; also, the 21 estimated present value of the real estate, the estimated value 22 of the personal property, and the estimated gross annual income 23 of the estate. If any money is payable, or to become payable, 24 to the proposed ward protected person by the United States 25 through the United States department of veterans affairs, the 26 petition shall so state. 27 Sec. 35. Section 633.591A, Code 2020, is amended to read as 28 follows: 29 633.591A Voluntary petition for appointment of conservator 30 for a minor —— standby basis. 31 A person having physical and legal custody of a minor 32 may execute a verified petition for the appointment of a 33 standby conservator of the proposed ward’s protected person’s 34 property, upon the express condition that the petition shall 35 -20- LSB 5932YC (5) 88 as/jh 20/ 31

H.F. _____ be acted upon by the court only upon the occurrence of an event 1 specified or the existence of a described condition of the 2 mental or physical health of the petitioner, the occurrence 3 of which event, or the existence of which condition, shall be 4 established in the manner directed in the petition. 5 Sec. 36. Section 633.603, Code 2020, is amended to read as 6 follows: 7 633.603 Appointment of foreign conservators. 8 When there is no conservatorship, nor any application 9 therefor pending, in this state, the duly qualified foreign 10 conservator or guardian of a nonresident ward protected 11 person may, upon application, be appointed conservator of the 12 property of such person in this state; provided that a resident 13 conservator is appointed to serve with the foreign conservator; 14 and provided further, that for good cause shown, the court 15 may appoint the foreign conservator to act alone without the 16 appointment of a resident conservator. 17 Sec. 37. Section 633.604, Code 2020, is amended to read as 18 follows: 19 633.604 Application. 20 The application for appointment of a foreign conservator 21 or guardian as conservator in this state shall include the 22 name and address of the nonresident ward protected person , and 23 of the nonresident conservator or guardian, and the name and 24 address of the resident conservator to be appointed. It shall 25 be accompanied by a certified copy of the original letters 26 or other authority conferring the power upon the foreign 27 conservator or guardian to act as such. The application 28 shall also state the cause for the appointment of the foreign 29 conservator to act as sole conservator, if such be the case. 30 Sec. 38. Section 633.605, Code 2020, is amended to read as 31 follows: 32 633.605 Personal property. 33 A foreign conservator or guardian of a nonresident may 34 be authorized by the court of the county wherein such ward 35 -21- LSB 5932YC (5) 88 as/jh 21/ 31

H.F. _____ protected person has personal property to receive the same upon 1 compliance with the provisions of sections 633.606 , 633.607 and 2 633.608 . 3 Sec. 39. Section 633.607, Code 2020, is amended to read as 4 follows: 5 633.607 Order for delivery. 6 Upon the filing of the bond as above provided, and the court 7 being satisfied with the amount thereof, it shall order the 8 personal property of the ward protected person delivered to 9 such conservator or guardian. 10 Sec. 40. Section 633.633, Code 2020, is amended to read as 11 follows: 12 633.633 Provisions applicable to all fiduciaries shall 13 govern. 14 The provisions of this probate code applicable to all 15 fiduciaries shall govern the appointment, qualification, oath 16 and bond of guardians and conservators, except that a guardian 17 shall not be required to give bond unless the court, for good 18 cause, finds that the best interests of the ward protected 19 person require a bond. The court shall then fix the terms and 20 conditions of such bond. 21 Sec. 41. Section 633.633B, Code 2020, is amended to read as 22 follows: 23 633.633B Tort liability of guardians and conservators. 24 The fact that a person is a guardian or conservator shall not 25 in itself make the person personally liable for damages for the 26 acts of the ward protected person . 27 Sec. 42. Section 633.636, Code 2020, is amended to read as 28 follows: 29 633.636 Effect of appointment of guardian or conservator. 30 The appointment of a guardian or conservator shall not 31 constitute an adjudication that the ward protected person is of 32 unsound mind. 33 Sec. 43. Section 633.637, Code 2020, is amended to read as 34 follows: 35 -22- LSB 5932YC (5) 88 as/jh 22/ 31

H.F. _____ 633.637 Powers of ward protected person . 1 1. A ward protected person for whom a conservator has been 2 appointed shall not have the power to convey, encumber, or 3 dispose of property in any manner, other than by will if the 4 ward protected person possesses the requisite testamentary 5 capacity, unless the court determines that the ward protected 6 person has a limited ability to handle the ward’s protected 7 person’s own funds. If the court makes such a finding, the 8 court shall specify to what extent the ward protected person 9 may possess and use the ward’s protected person’s own funds. 10 2. Any modification of the powers of the ward protected 11 person that would be more restrictive of the ward’s protected 12 person’s control over the ward’s protected person’s financial 13 affairs shall be based upon clear and convincing evidence 14 and the burden of persuasion is on the conservator. Any 15 modification that would be less restrictive of the ward’s 16 protected person’s control over the ward’s protected person’s 17 financial affairs shall be based upon proof in accordance with 18 the requirements of section 633.675 . 19 Sec. 44. Section 633.637A, Code 2020, is amended to read as 20 follows: 21 633.637A Rights of ward protected person under guardianship. 22 An adult ward protected person under a guardianship has the 23 right of communication, visitation, or interaction with other 24 persons upon the consent of the adult ward protected person , 25 subject to section 633.635, subsection 2 , paragraph “i” , and 26 section 633.635, subsection 3 , paragraph “c” . If an adult ward 27 protected person is unable to give express consent to such 28 communication, visitation, or interaction with a person due 29 to a physical or mental condition, consent of an adult ward 30 protected person may be presumed by a guardian or a court based 31 on an adult ward’s protected person’s prior relationship with 32 such person. 33 Sec. 45. Section 633.638, Code 2020, is amended to read as 34 follows: 35 -23- LSB 5932YC (5) 88 as/jh 23/ 31

H.F. _____ 633.638 Presumption of fraud. 1 If a conservator be appointed, all contracts, transfers and 2 gifts made by the ward protected person after the filing of the 3 petition shall be presumed to be a fraud against the rights 4 and interest of the ward protected person except as otherwise 5 directed by the court pursuant to section 633.637 . 6 Sec. 46. Section 633.639, Code 2020, is amended to read as 7 follows: 8 633.639 Title to ward’s protected person’s property. 9 The title to all property of the ward protected person is 10 in the ward protected person and not the conservator subject, 11 however, to the possession of the conservator and to the 12 control of the court for the purposes of administration, 13 sale or other disposition, under the provisions of the 14 law. Any real property titled at any time in the name of a 15 conservatorship shall be deemed to be titled in the ward’s 16 protected person’s name subject to the conservator’s right of 17 possession. 18 Sec. 47. Section 633.640, Code 2020, is amended to read as 19 follows: 20 633.640 Conservator’s right to possession. 21 Every conservator shall have a right to, and shall take, 22 possession of all of the real and personal property of the 23 ward protected person . The conservator shall pay the taxes 24 and collect the income therefrom until the conservatorship is 25 terminated. The conservator may maintain an action for the 26 possession of the property, and to determine the title to the 27 same. 28 Sec. 48. Section 633.643, Code 2020, is amended to read as 29 follows: 30 633.643 Disposal of will by conservator. 31 When an instrument purporting to be the will of the ward 32 protected person comes into the hands of a conservator, the 33 conservator shall immediately deliver it to the court. 34 Sec. 49. Section 633.644, Code 2020, is amended to read as 35 -24- LSB 5932YC (5) 88 as/jh 24/ 31

H.F. _____ follows: 1 633.644 Court order to preserve testamentary intent of ward 2 protected person . 3 Upon receiving an instrument purporting to be the will of a 4 living ward protected person under the provisions of section 5 633.643 , the court may open said will and read it. The court 6 with or without notice, as it may determine, may enter such 7 orders in the conservatorship as it deems advisable for the 8 proper administration of the conservatorship in light of the 9 expressed testamentary intent of the ward protected person . 10 Sec. 50. Section 633.645, Code 2020, is amended to read as 11 follows: 12 633.645 Court to deliver will to clerk. 13 An instrument purporting to be the will of a ward protected 14 person coming into the hands of the court under the provisions 15 of section 633.643 , shall thereafter be resealed by the court 16 and be deposited with the clerk to be held by said clerk as 17 provided in sections 633.286 through 633.289 . 18 Sec. 51. Section 633.653A, Code 2020, is amended to read as 19 follows: 20 633.653A Claims for cost of medical care or services. 21 The provision of medical care or services to a ward protected 22 person who is a recipient of medical assistance under chapter 23 249A creates a claim against the conservatorship for the amount 24 owed to the provider under the medical assistance program for 25 the care or services. The amount of the claim, after being 26 allowed or established as provided in this part, shall be paid 27 by the conservator from the assets of the conservatorship. 28 Sec. 52. Section 633.654, Code 2020, is amended to read as 29 follows: 30 633.654 Form and verification of claims —— general 31 requirements. 32 No claim shall be allowed against the estate of a ward 33 protected person upon application of the claimant unless 34 it shall be in writing, filed in duplicate with the clerk, 35 -25- LSB 5932YC (5) 88 as/jh 25/ 31

H.F. _____ stating the claimant’s name and address, and describing the 1 nature and the amount thereof, if ascertainable. It shall be 2 accompanied by the affidavit of the claimant, or of someone for 3 the claimant, that the amount is justly due, or if not due, 4 when it will or may become due, that no payments have been 5 made thereon which are not credited, and that there are no 6 offsets to the same, to the knowledge of the affiant, except as 7 therein stated. The duplicate of said claim shall be mailed 8 by the clerk to the conservator or the conservator’s attorney 9 of record; however, valid contract claims arising in the 10 ordinary course of the conduct of the business or affairs of 11 the ward protected person by the conservator may be paid by the 12 conservator without requiring affidavit or filing. 13 Sec. 53. Section 633.656, Code 2020, is amended to read as 14 follows: 15 633.656 How claim entitled. 16 All claims filed against the estate of the ward protected 17 person shall be entitled in the name of the claimant against 18 the conservator as such, naming the conservator, and in all 19 further proceedings thereon, this title shall be preserved. 20 Sec. 54. Section 633.660, Code 2020, is amended to read as 21 follows: 22 633.660 Execution and levy prohibited. 23 No execution shall issue upon, nor shall any levy be made 24 against, any property of the estate of a ward protected person 25 under any judgment against the ward protected person or a 26 conservator, but the provisions of this section shall not be so 27 construed as to prevent the enforcement of a mortgage, pledge, 28 or other lien upon property in an appropriate proceeding. 29 Sec. 55. Section 633.661, Code 2020, is amended to read as 30 follows: 31 633.661 Claims of conservators. 32 If the conservator is a creditor of the ward protected 33 person , the conservator shall file the claim as other 34 creditors, and the court shall appoint some competent person as 35 -26- LSB 5932YC (5) 88 as/jh 26/ 31

H.F. _____ temporary conservator to represent the ward protected person 1 at the hearing on the conservator’s claim. The same procedure 2 shall be followed in the case of coconservators where all 3 such conservators are creditors of the ward protected person ; 4 but if one of the coconservators is not a creditor of the 5 ward protected person , such disinterested conservator shall 6 represent the ward protected person at the hearing on any claim 7 against the ward protected person by a coconservator. 8 Sec. 56. Section 633.662, Code 2020, is amended to read as 9 follows: 10 633.662 Claims not filed. 11 The conservator may pay any valid claim against the estate of 12 the ward protected person even though such claim has not been 13 filed, but all such payments made by the conservator shall be 14 at the conservator’s own peril. 15 Sec. 57. Section 633.664, Code 2020, is amended to read as 16 follows: 17 633.664 Liens not affected by failure to file claim. 18 Nothing in sections 633.654 and 633.658 shall affect or 19 prevent an action or proceeding to enforce any mortgage, 20 pledge, or other lien upon the property of the ward protected 21 person . 22 Sec. 58. Section 633.665, Code 2020, is amended to read as 23 follows: 24 633.665 Separate actions and claims. 25 1. Any action pending against the ward protected person at 26 the time the conservator is appointed shall also be considered 27 a claim filed in the conservatorship if notice of substitution 28 is served on the conservator as defendant and a duplicate of 29 the proof of service of notice of such proceeding is filed in 30 the conservatorship proceeding. 31 2. A separate action based on a debt or other liability 32 of the ward protected person may be commenced against the 33 conservator in lieu of filing a claim in the conservatorship. 34 Such an action shall be commenced by serving an original notice 35 -27- LSB 5932YC (5) 88 as/jh 27/ 31

H.F. _____ on the conservator and filing a duplicate of the proof of 1 service of notice of such proceeding in the conservatorship 2 proceeding. Such an action shall also be considered a claim 3 filed in the conservatorship. Such an action may be commenced 4 only in a county where the venue would have been proper if 5 there were no conservatorship and the action had been commenced 6 against the ward protected person . 7 Sec. 59. Section 633.667, Code 2020, is amended to read as 8 follows: 9 633.667 Payment of claims in insolvent conservatorships. 10 When it appears that the assets in a conservatorship are 11 insufficient to pay in full all the claims against such 12 conservatorship, the conservator shall report such matter to 13 the court, and the court shall, upon hearing, with notice to 14 all persons who have filed claims in the conservatorship, make 15 an order for the pro rata payment of claims giving claimants 16 the same priority, if any, as they would have if the ward 17 protected person were not under conservatorship. 18 Sec. 60. Section 633.668, Code 2020, is amended to read as 19 follows: 20 633.668 Conservator may make gifts. 21 For good cause shown and under order of court, a conservator 22 may make gifts on behalf of the ward protected person out of 23 the assets under a conservatorship to persons or religious, 24 educational, scientific, charitable, or other nonprofit 25 organizations to whom or to which such gifts were regularly 26 made prior to the commencement of the conservatorship, or on 27 a showing to the court that such gifts would benefit the ward 28 protected person or the ward’s protected person’s estate from 29 the standpoint of income, gift, estate or inheritance taxes. 30 The making of gifts out of the assets must not foreseeably 31 impair the ability to provide adequately for the best interests 32 of the ward protected person . 33 Sec. 61. Section 633.673, Code 2020, is amended to read as 34 follows: 35 -28- LSB 5932YC (5) 88 as/jh 28/ 31

H.F. _____ 633.673 Court costs in guardianships. 1 The ward protected person or the ward’s protected person’s 2 estate shall be charged with the court costs of a ward’s 3 protected person’s guardianship, including the guardian’s fees 4 and the fees of the attorney for the guardian. The court 5 may, upon application, enter an order waiving payment of the 6 court costs in indigent cases. However, if the ward protected 7 person or ward’s protected person’s estate becomes financially 8 capable of paying any waived costs, the costs shall be paid 9 immediately. 10 Sec. 62. Section 633.676, Code 2020, is amended to read as 11 follows: 12 633.676 Assets exhausted. 13 At any time that the assets of the ward’s protected person’s 14 estate do not exceed the amount of the charges and claims 15 against it, the court may direct the conservator to proceed to 16 terminate the conservatorship. 17 Sec. 63. Section 633.677, Code 2020, is amended to read as 18 follows: 19 633.677 Accounting to ward protected person —— notice. 20 Upon the termination of a conservatorship, the conservator 21 shall pay the costs of administration and shall render a full 22 and complete accounting to the ward protected person or the 23 ward’s protected person’s personal representative and to the 24 court. Notice of the final report of a conservator shall be 25 served on the ward protected person or the ward’s protected 26 person’s personal representative, in accordance with section 27 633.40 , unless notice is waived. An order prescribing notice 28 may be made before or after the filing of the final report. 29 Sec. 64. Section 633.681, Code 2020, is amended to read as 30 follows: 31 633.681 Assets of minor ward protected person exhausted. 32 When the assets of a minor ward’s protected person’s 33 conservatorship are exhausted or consist of personal property 34 only of an aggregate value not in excess of twenty-five 35 -29- LSB 5932YC (5) 88 as/jh 29/ 31

H.F. _____ thousand dollars, the court, upon application or upon its 1 own motion, may terminate the conservatorship. The order 2 for termination shall direct the conservator to deliver any 3 property remaining after the payment of allowed claims and 4 expenses of administration to a custodian under any uniform 5 transfers to minors Act. Such delivery shall have the same 6 force and effect as if delivery had been made to the ward 7 protected person after attaining majority. 8 Sec. 65. Section 633.682, Code 2020, is amended to read as 9 follows: 10 633.682 Discharge of conservator and release of bond. 11 Upon settlement of the final accounting of a conservator, 12 and upon determining that the property of the ward protected 13 person has been delivered to the person or persons lawfully 14 entitled thereto, the court shall discharge the conservator and 15 exonerate the surety on the conservator’s bond. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the opening, administration, and 20 termination of adult guardianships and conservatorships and 21 includes effective date and applicability provisions. 22 DIVISION I —— ADULT GUARDIANSHIPS AND CONSERVATORSHIPS. The 23 bill amends current law to provide that Code sections apply to 24 both guardianships and conservatorships of adults. 25 The bill provides that a court visitor will be discharged 26 upon the appointment of a guardian or conservator unless 27 ordered by the court to continue. 28 The bill specifies that a court-ordered professional 29 evaluation conducted at or before a hearing on a petition for 30 the appointment of a guardian or conservator must be filed with 31 the court. 32 The bill amends language concerning powers which a guardian 33 or conservator may be granted that can be exercised without 34 further court approval. The bill also amends powers of a 35 -30- LSB 5932YC (5) 88 as/jh 30/ 31

H.F. _____ conservator which require further court approval before being 1 exercised. 2 The bill amends the information required to be contained in 3 a guardian’s written verified reports including the initial 4 care plan and annual reports, and information required to be 5 included in reports by conservators including the initial 6 financial management plan, the annual report, and the final 7 report. 8 The bill amends reporting requirements for guardians, and 9 requires that guardians must obtain court approval prior to any 10 significant deviation from the initial care plan filed with the 11 court. These changes are immediately effective and retroactive 12 to January 1, 2020. 13 The bill amends reporting requirements for conservators. 14 The conservator must give notice of filing a plan, and if no 15 objection is made within 20 days, the conservator must submit 16 a proposed order to the court approving the initial plan. If 17 there are objections to the plan, the court must set the matter 18 for hearing. These changes are immediately effective and 19 retroactive to January 1, 2020. 20 DIVISION II —— CONFORMING CHANGES. The bill makes 21 conforming changes to the probate code by changing the term 22 “ward” to “protected person”. 23 -31- LSB 5932YC (5) 88 as/jh 31/ 31