Senate
Study
Bill
1242
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
guardianships
and
conservatorships
1
for
adults
and
minors
and
providing
for
jurisdiction,
2
definitions,
proceedings,
administration,
and
closing,
and
3
including
effective
date
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
GUARDIANSHIPS
AND
CONSERVATORSHIPS
2
Section
1.
NEW
SECTION
.
633F.1
Jurisdiction.
3
1.
The
juvenile
court
shall
have
exclusive,
original
4
jurisdiction
of
all
proceedings
governing
minor
guardianships
5
for
petitions
filed
on
or
after
January
1,
2020.
Prior
to
6
January
1,
2020,
the
district
court
shall
have
exclusive,
7
original
jurisdiction
of
all
proceedings
governing
minor
8
guardianships.
Existing
minor
guardianships
as
of
January
1,
9
2020,
shall
be
transferred
to
the
juvenile
court
if
requested
10
by
the
protected
person’s
attorney,
parent,
or
guardian,
or
if
11
directed
by
the
court.
12
2.
Proceedings
governing
the
appointment
of
conservators
13
and
the
appointment
of
guardians
for
adults;
the
granting
of
14
letters
of
conservatorship
and
the
granting
of
letters
of
15
guardianship
for
adults;
and
the
administration,
settlement,
16
and
closing
of
conservatorships
and
the
administration,
17
settlement,
and
closing
of
guardianships
for
adults
shall
be
in
18
district
court,
unless
moved
elsewhere
by
a
court
order.
19
Sec.
2.
NEW
SECTION
.
633F.2
Definitions
and
use
of
terms.
20
When
used
in
this
chapter,
unless
otherwise
required
by
the
21
context,
the
following
words
and
phrases
shall
be
construed
as
22
follows:
23
1.
“Adult”
means
an
individual
eighteen
years
of
age
or
24
older.
25
2.
“Clerk”
means
clerk
of
the
court
in
the
county
in
which
26
the
matter
is
pending.
27
3.
“Conservator”
means
a
person
appointed
by
the
court
to
28
have
the
custody
and
control
of
the
property
of
a
protected
29
person.
30
4.
“Court”
means
the
Iowa
district
court
sitting
in
probate
31
and
includes
any
Iowa
district
court
judge
and
any
Iowa
32
district
associate
court
judge
or
associate
probate
judge,
33
and
the
Iowa
juvenile
court,
and
includes
any
Iowa
juvenile
34
judge
and
Iowa
associate
juvenile
judge,
presiding
over
minor
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guardianships.
1
5.
“Court
advisor”
means
a
person
appointed
by
the
court
to
2
investigate
and
report
information
relevant
to
a
guardianship
3
or
conservatorship
proceeding.
4
6.
“Demonstrated
lack
of
consistent
parental
participation”
5
means
the
refusal
or
inability
of
a
parent
to
comply
with
6
the
duties
and
responsibilities
imposed
upon
a
parent
by
7
the
parent-child
relationship,
including
but
not
limited
to
8
providing
the
minor
with
necessary
food,
clothing,
shelter,
9
health
care,
education,
and
other
care
and
supervision
10
necessary
for
the
minor’s
physical,
mental,
and
emotional
11
health
and
development.
12
7.
“Fiduciary”
includes
guardian
and
conservator.
13
8.
“Full
age”
means
the
state
of
legal
majority
attained
by
14
having
arrived
at
the
age
of
eighteen
years;
having
married,
15
even
if
such
marriage
has
been
terminated
by
divorce;
or
16
having
been
declared
to
be
emancipated
by
a
court
of
competent
17
jurisdiction.
18
9.
“Functional
limitations”
means
the
behavior
or
condition
19
of
a
person
which
impairs
the
person’s
ability
to
care
for
20
the
person’s
personal
safety,
to
attend
to
or
provide
for
21
necessities
for
the
person,
or
to
make,
communicate,
or
carry
22
out
important
decisions
concerning
the
person’s
financial
23
affairs.
24
10.
“Guardian”
means
the
person
appointed
by
the
court
to
25
have
the
custody
of
the
protected
person
under
the
provisions
26
of
this
chapter.
27
11.
“Legal
custody”
means
an
award
to
a
parent
or
guardian
28
under
which
a
parent
or
guardian
has
custodial
rights
and
29
responsibilities
toward
a
minor
child,
which
includes
30
decision
making
affecting
the
child’s
legal
status,
medical
31
care,
education,
extracurricular
activities,
and
religious
32
instruction.
33
12.
“Legal
representative”
includes
an
attorney;
guardian;
34
conservator;
a
person
appointed
under
power
of
attorney;
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court-appointed
custodian;
representative
payee
for
social
1
security
purposes,
veterans
affairs
benefits,
or
any
other
2
representative
receiving
federal
or
state
benefits
on
behalf
of
3
a
protected
person;
trustee;
or
federal
fiduciary.
4
13.
“Limited
conservatorship”
means
a
conservatorship
5
that
grants
the
conservator
less
than
all
powers
available
6
under
this
chapter
or
otherwise
restricts
the
powers
of
the
7
conservator.
8
14.
“Limited
guardianship”
means
a
guardianship
that
grants
9
the
guardian
less
than
all
powers
available
under
this
chapter
10
or
otherwise
restricts
the
powers
of
the
guardian.
11
15.
“Loyalty”
means
actions
solely
in
the
best
interests
of
12
a
protected
person
and
with
due
regard
to
a
protected
person’s
13
wishes.
14
16.
“Minor”
means
an
unmarried
individual
under
the
age
15
of
eighteen
years
who
has
not
become
emancipated
pursuant
to
16
chapter
232C.
17
17.
“Parent”
means
a
biological
or
adoptive
mother
or
18
father
of
a
child;
or
an
individual
whose
parental
status
has
19
been
established
by
operation
of
law
due
to
the
individual’s
20
marriage
to
the
mother
at
the
time
of
conception
or
birth
of
21
the
child,
by
order
of
a
court
of
competent
jurisdiction,
or
by
22
an
administrative
order
when
authorized
by
state
law.
“Parent”
23
does
not
include
a
mother
or
father
whose
parental
rights
have
24
been
terminated.
25
18.
“Person”
includes
natural
persons
and
corporations.
26
19.
“Property”
includes
both
real
and
personal
property.
27
20.
“Protected
person”
means
the
person
for
whom
a
guardian
28
or
conservator
has
been
appointed,
or
who
is
a
respondent
in
a
29
proceeding
under
this
chapter.
30
21.
“Prudence”
means
being
careful
in
the
way
a
conservator
31
makes
decisions
or
spends
money
so
that
the
conservator
32
avoids
unnecessary
risk
by
considering
the
purposes,
terms,
33
distribution
requirements,
and
other
circumstances
of
the
34
conservatorship.
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22.
“Respondent”
means
the
proposed
protected
person,
1
including
a
person
who
is
the
subject
of
other
proceedings
2
under
this
chapter.
3
Sec.
3.
NEW
SECTION
.
633F.3
Applicability
of
chapter
633.
4
All
relevant
provisions
of
the
probate
code,
chapter
633,
5
shall
apply
to
proceedings
to
the
extent
not
inconsistent
with
6
the
provisions
of
this
chapter.
7
Sec.
4.
NEW
SECTION
.
633F.4
Venue.
8
1.
Venue
for
proceedings
under
this
subchapter
shall
be
in
9
the
judicial
district
where
the
minor
customarily
resides
at
10
the
time
the
proceeding
is
initiated.
The
court
may
transfer
11
any
minor
guardianship
proceeding
brought
under
this
subchapter
12
to
the
juvenile
court
of
another
county
if
the
court
determines
13
one
of
the
following:
14
a.
Such
a
transfer
is
in
the
best
interest
of
the
minor
15
and
will
assist
the
court
in
monitoring
and
reviewing
the
16
guardianship.
17
b.
The
respondent
minor
and
the
guardian
consent
to
the
18
transfer
and
the
court
finds
good
cause
for
the
transfer.
19
2.
The
court
shall
transfer
the
case
by
ordering
the
20
transfer
and
a
continuance
by
forwarding
to
the
clerk
of
the
21
receiving
court
a
certified
copy
of
all
papers
filed
together
22
with
an
order
of
transfer.
The
judge
of
the
receiving
court
23
shall
either
accept
the
filings
of
the
transferring
court,
or
24
direct
the
filing
of
a
new
petition
upon
a
finding
that
it
25
would
be
in
the
minor
respondent’s
best
interest
to
do
so.
26
Sec.
5.
NEW
SECTION
.
633F.5
Petition
for
appointment
of
27
guardian
for
a
minor.
28
1.
Any
adult,
or
minor
at
least
fourteen
years
of
age
for
29
whom
the
petition
is
sought,
may
file
with
the
clerk
a
verified
30
petition
for
the
appointment
of
a
guardian
of
a
minor.
The
31
petition
shall
include
all
of
the
following:
32
a.
The
petitioner’s
name,
residential
and
electronic
mail
33
addresses,
and
the
relationship
of
the
petitioner
to
the
34
respondent.
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b.
The
respondent’s
name,
date
of
birth,
county
of
1
residence,
and,
to
the
extent
known,
the
following:
place
of
2
residence,
address,
and
the
address
of
any
other
residence
and
3
the
name
and
address
of
any
facility
at
which
the
respondent
4
has
resided
within
the
six-month
period
before
the
filing
of
5
the
petition.
6
c.
To
the
extent
known,
the
names,
residential
and
7
electronic
mail
addresses,
and
phone
numbers
of
all
of
the
8
following
persons:
9
(1)
The
respondent’s
parents,
if
any.
10
(2)
The
respondent’s
adult
siblings.
11
(3)
If
none
of
the
previous,
then
at
least
one
adult
nearest
12
in
kinship
to
the
respondent.
13
(4)
Any
adult
who
has
had
the
primary
care
or
custody
of
the
14
respondent
or
with
whom
the
respondent
has
resided
within
six
15
months
immediately
prior
to
the
filing
of
the
petition,
if
any.
16
(5)
Any
attorney
or
other
legal
representative
of
the
17
respondent.
18
(6)
Any
attorney
or
other
legal
representative
of
the
19
respondent’s
parents.
20
d.
The
name
and
address
of
any
qualified
and
suitable
21
proposed
guardian
and
the
reason
the
court
should
accept
the
22
proposed
guardian.
23
e.
The
reasons
why
a
guardianship
is
sought
and
would
be
in
24
the
best
interests
of
the
respondent.
25
f.
The
powers
to
be
granted
to
the
guardian
and
whether
a
26
limited
guardianship
is
appropriate.
27
g.
Whether
the
petitioner
seeks
a
change
of
the
respondent’s
28
residence
or
school
district.
29
h.
To
the
extent
known,
a
statement
of
any
other
proceedings
30
concerning
the
care
or
custody
of
the
respondent
pending
in
any
31
court
in
this
state
or
any
other
jurisdiction.
32
2.
Except
as
required
by
section
633F.6,
any
persons
33
identified
pursuant
to
subsection
1,
paragraph
“c”
,
are
not
34
entitled
to
notice
of
the
filing
of
the
petition.
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3.
If
a
minor
guardianship
proceeding
under
this
chapter
1
pertains
to
an
Indian
child
as
defined
in
section
232B.3
and
2
the
proceeding
is
subject
to
the
Iowa
Indian
child
welfare
Act
3
under
chapter
232B,
the
proceeding
and
other
actions
taken
in
4
connection
with
the
proceeding
shall
comply
with
chapter
232B.
5
4.
The
information
required
by
section
598B.209
shall
be
6
contained
as
part
of
the
petition
or
in
an
attached
affidavit
7
to
the
petition.
8
Sec.
6.
NEW
SECTION
.
633F.6
Notice
to
minor
respondent.
9
1.
If
the
respondent
is
at
least
fourteen
years
of
age
10
and
subsection
3
does
not
apply,
notice
of
the
filing
of
the
11
petition
and
the
order
appointing
counsel
for
the
respondent
12
and
setting
hearing
on
the
petition
shall
be
served
upon
the
13
respondent
in
the
manner
of
an
original
notice
and
the
content
14
of
the
notice
is
governed
by
the
rules
of
civil
procedure
15
governing
original
notice.
If
the
respondent
has
retained
an
16
attorney
or
an
attorney
has
been
appointed
by
the
court
for
the
17
respondent,
the
petitioner
shall
provide
the
respondent
and
the
18
respondent’s
attorney
with
a
copy
of
the
original
notice.
19
2.
If
the
respondent
has
not
attained
the
age
of
fourteen
20
years
of
age
or
if
subsection
3
applies,
the
petitioner
shall
21
serve
such
notice
upon
the
respondent
by
mailing
the
attorney
22
representing
the
respondent
or
the
court
advisor
appointed
in
23
the
proceeding,
a
copy
of
the
original
notice.
24
3.
If
the
respondent
is
at
least
fourteen
years
of
age
and
25
the
court,
for
good
cause
shown,
determines
that
the
respondent
26
should
not
be
served
an
original
notice
as
otherwise
required
27
under
subsection
1,
the
respondent
shall
be
served
as
provided
28
in
subsection
2.
29
4.
Notice
shall
also
be
served
upon
the
respondent’s
known
30
parents
listed
in
the
petition
in
the
manner
of
an
original
31
notice
and
the
parents’
attorney
if
appointed
in
accordance
32
with
section
633F.7.
33
5.
As
stated
in
the
petition,
notice
shall
also
be
mailed
to
34
all
of
the
following
persons:
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a.
Any
adult
with
whom
the
respondent
has
resided
in
the
1
six-month
period
preceding
the
filing
of
the
petition.
2
b.
If
the
respondent
has
no
parents,
to
the
respondent’s
3
adult
siblings,
or
if
none,
to
at
least
one
adult
nearest
in
4
kinship
to
the
respondent.
5
6.
Any
notice
required
to
be
mailed
under
this
section
6
shall
conform
to
the
requirements
set
forth
in
section
633.40,
7
subsection
5.
8
Sec.
7.
NEW
SECTION
.
633F.7
Attendance
and
participation
at
9
hearing
for
appointment
of
guardian
for
minor.
10
1.
Unless
excused
by
the
court
for
good
cause
shown,
the
11
attorney
for
the
respondent,
the
petitioner,
and
the
proposed
12
guardian
shall
attend
the
hearing
on
the
petition.
13
2.
The
respondent
shall
be
entitled
to
attend
the
hearing
14
on
the
petition
if
the
respondent
is
of
an
age
appropriate
15
to
attend
the
hearing.
A
presumption
shall
exist
that
16
a
respondent
fourteen
years
of
age
or
older
is
of
an
age
17
appropriate
to
attend
the
hearing.
18
3.
Any
parent
of
a
respondent
has
the
right
to
attend
such
19
hearing.
20
4.
A
person
may
request
permission
to
participate
in
such
21
hearing.
The
court
may
grant
the
request,
with
or
without
22
hearing,
on
determining
that
it
is
in
the
best
interests
of
the
23
respondent.
The
court
may
impose
appropriate
conditions
on
the
24
person’s
participation.
25
Sec.
8.
NEW
SECTION
.
633F.8
Preference
for
selection
of
26
guardian
for
a
minor.
27
1.
The
court
shall
appoint
as
guardian
a
qualified
and
28
suitable
person
who
is
willing
to
serve
subject
to
the
29
preferences
as
to
the
appointment
of
a
guardian
set
forth
in
30
subsections
2
and
3.
31
2.
In
appointing
a
guardian
for
a
minor
whose
parents
are
32
deceased,
the
court
shall
give
preference
to
a
person,
if
33
qualified
and
suitable,
nominated
as
guardian
for
the
minor
by
34
a
will
that
was
executed
by
the
parent
or
parents
having
legal
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custody
of
the
minor
at
the
time
of
the
parent’s
or
parents’
1
death,
and
that
was
admitted
to
probate
under
chapter
633
or
2
635
or
delivered
to
the
clerk
under
section
633.356.
3
3.
In
appointing
a
guardian
for
a
minor,
the
court
shall
4
give
preference,
if
qualified
and
suitable,
to
a
person
5
requested
by
a
minor
fourteen
years
of
age
or
older.
6
Sec.
9.
NEW
SECTION
.
633F.9
Standby
petition
for
7
appointment
of
guardian
for
a
minor.
8
1.
An
adult
person
having
physical
and
legal
custody
of
9
a
minor
may
execute
a
verified
petition
for
the
appointment
10
of
a
guardian
of
the
minor
upon
the
express
condition
that
11
the
petition
shall
be
acted
upon
by
the
court
only
upon
12
the
occurrence
of
an
event
specified
or
the
existence
of
a
13
described
condition
of
the
mental
or
physical
health
of
the
14
petitioner,
the
occurrence
of
which
event,
or
the
existence
of
15
which
condition,
shall
be
established
in
the
manner
directed
16
in
the
petition.
The
petition,
in
addition
to
containing
17
the
information
required
in
section
633F.5,
shall
include
a
18
statement
that
the
petitioner
understands
the
result
of
a
19
guardian
being
appointed
for
the
minor.
An
appointment
of
a
20
guardian
for
a
minor
shall
only
be
effective
until
the
minor
21
attains
full
age.
22
2.
A
standby
petition
may
nominate
a
person
for
appointment
23
to
serve
as
guardian
as
well
as
alternate
guardians
if
the
24
nominated
person
is
unable
or
unwilling
or
is
removed
as
25
guardian.
The
court
in
appointing
the
guardian
shall
appoint
26
the
person
or
persons
nominated
by
the
petitioner
unless
the
27
person
or
persons
are
not
qualified
or
for
other
good
cause
and
28
shall
give
due
regard
to
other
requests
and
recommendations
29
contained
in
the
petition.
30
3.
A
standby
petition
may
be
deposited
with
the
clerk
of
the
31
county
in
which
the
minor
resides
or
with
any
person
nominated
32
by
the
petitioner
to
serve
as
guardian.
33
4.
A
standby
petition
may
be
revoked
by
the
petitioner
34
at
any
time
before
appointment
of
a
guardian
by
the
court,
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provided
that
the
petitioner
is
of
sound
mind
at
the
time
1
of
revocation.
Revocation
shall
be
accomplished
by
the
2
destruction
of
the
petition
by
the
petitioner,
or
by
the
3
execution
of
an
acknowledged
instrument
of
revocation.
If
the
4
petition
has
been
deposited
with
the
clerk,
the
revocation
may
5
likewise
be
deposited
there.
6
5.
If
the
standby
petition
has
been
deposited
with
the
7
clerk
under
the
provisions
of
subsection
3
and
has
not
been
8
revoked
under
the
provisions
of
subsection
4,
the
petition
9
may
be
filed
with
the
court
upon
the
filing
of
a
verified
10
statement
to
the
effect
that
the
occurrence
of
the
event
or
11
the
condition
provided
for
in
the
petition
has
occurred.
If
12
the
petition
has
not
been
deposited
with
the
clerk
under
the
13
provisions
of
subsection
3
and
has
not
been
revoked
under
14
the
provisions
of
subsection
4,
then
the
petition
shall
be
15
filed
with
the
court
at
the
time
a
verified
statement
that
the
16
occurrence
of
the
event
or
the
condition
provided
for
in
the
17
petition
has
occurred
is
filed
with
the
court
in
the
county
18
where
the
minor
then
resides.
Upon
filing
of
the
petition
and
19
verified
statement,
the
minor
shall
then
become
the
respondent
20
and
the
person
filing
the
verified
statement
shall
become
the
21
petitioner
and
the
proceedings
shall
be
thereafter
conducted
as
22
provided
for
in
this
chapter.
23
Sec.
10.
NEW
SECTION
.
633F.10
Appointment
of
guardian
for
a
24
minor.
25
1.
Upon
the
filing
of
the
petition
for
appointment
of
a
26
guardian
for
a
minor,
the
court
shall
request
records
of
child
27
abuse,
dependent
adult
abuse,
sex
offender
registries,
and
28
criminal
convictions,
in
the
state
of
the
proposed
guardian’s
29
residence
unless
the
proposed
guardian
has
undergone
these
30
required
background
checks
within
the
prior
twelve
months.
31
The
court
shall
consider
these
records
and
other
information
32
regarding
the
proposed
guardian
that
it
deems
appropriate
prior
33
to
determining
whether
the
proposed
guardian
is
qualified
34
and
suitable
to
serve
as
guardian
for
the
respondent.
The
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petitioner
shall
be
responsible
for
paying
the
costs
of
1
obtaining
background
information
described
in
this
section
2
unless
the
court
waives
such
costs
for
good
cause
shown.
3
2.
Prior
to
granting
a
petition
for
guardianship,
the
4
court
shall
consider
whether
the
filing
of
a
child
in
need
of
5
assistance
petition
is
appropriate
under
section
232.87.
If
6
the
court
determines
a
child
in
need
of
assistance
petition
7
may
be
appropriate,
the
court
shall
notify
the
department
of
8
human
services
or
the
county
attorney.
The
court
may
appoint
a
9
guardian
for
a
respondent
in
a
child
in
need
of
assistance
case
10
under
section
232.101A,
232.103A,
or
232.104.
11
Sec.
11.
NEW
SECTION
.
633F.11
Appointment
of
guardian
for
12
a
minor
with
parental
consent.
13
1.
The
court
shall
appoint
a
guardian
for
a
minor
if
the
14
court
finds
all
of
the
following:
15
a.
The
parent
or
parents
having
legal
custody
of
the
minor
16
understand
the
nature
of
the
guardianship
and
knowingly
and
17
voluntarily
consent
to
the
guardianship.
18
b.
The
minor
is
in
need
of
a
guardianship
because
of
any
of
19
the
following:
20
(1)
The
parent
having
legal
custody
of
the
minor
has
a
21
physical
or
mental
illness
that
prevents
the
parent
from
22
providing
care
and
supervision
of
the
child.
23
(2)
The
parent
having
legal
custody
of
the
minor
is
24
incarcerated.
25
(3)
The
parent
having
legal
custody
of
the
minor
is
on
26
active
military
duty.
27
(4)
The
minor
is
in
need
of
a
guardianship
for
some
other
28
reason
constituting
good
cause
shown.
29
c.
Appointment
of
a
guardian
for
the
minor
is
in
the
best
30
interest
of
the
minor.
31
2.
If
the
guardianship
petition
requests
a
guardianship
32
with
parental
consent,
the
petition
shall
include
an
affidavit
33
signed
by
the
parent
or
parents
verifying
that
the
parent
or
34
parents
knowingly
and
voluntarily
consent
to
the
guardianship.
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The
consent
required
by
this
subsection
shall
be
on
a
form
1
prescribed
by
the
judicial
branch.
2
3.
On
or
before
the
date
of
the
hearing
on
the
petition,
3
the
parent
or
parents
and
the
proposed
guardian
shall
file
4
an
agreement
with
the
court.
This
agreement
shall
state
the
5
following:
6
a.
The
responsibilities
of
the
guardian.
7
b.
The
responsibilities
of
the
parent
or
parents.
8
c.
The
expected
duration
of
the
guardianship,
if
known.
9
4.
If
the
court
grants
the
petition,
the
court
shall
approve
10
the
guardianship
agreement
between
the
custodial
parent
and
the
11
proposed
guardian
and
incorporate
its
terms
by
reference
unless
12
the
court
finds
the
agreement
was
not
reached
knowingly
and
13
voluntarily
or
is
not
in
the
best
interests
of
the
minor.
14
Sec.
12.
NEW
SECTION
.
633F.12
Appointment
of
guardian
for
a
15
minor
without
parental
consent.
16
1.
The
court
shall
appoint
a
guardian
for
a
minor
without
17
the
consent
of
the
parent
or
parents
having
legal
custody
of
18
the
minor
if
the
court
finds
by
clear
and
convincing
evidence
19
one
of
the
following:
20
a.
Appointment
of
a
guardian
is
in
the
best
interest
of
21
the
minor
and
no
parent
of
the
respondent
is
willing
or
able
22
to
adequately
exercise
the
powers
the
court
would
grant
to
the
23
guardian.
24
b.
The
respondent
has
a
person
serving
as
de
facto
25
guardian,
and
the
court
finds
a
demonstrated
lack
of
consistent
26
participation
in
the
respondent’s
life
by
the
parent
or
parents
27
with
legal
custody
after
considering
all
of
the
following:
28
(1)
The
intent
and
circumstances
of
the
parent
or
parents
29
when
placing
the
respondent
in
the
de
facto
guardian’s
care
and
30
supervision.
31
(2)
The
amount
of
communication
and
visitation
by
the
parent
32
or
parents
with
the
respondent
while
in
the
de
facto
guardian’s
33
care
and
supervision.
34
(3)
Whether
the
parent
or
parents
have
refused
to
comply
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with
any
conditions
for
retaining
custody
of
the
respondent
in
1
prior
court
orders.
2
2.
In
appointing
a
guardian,
the
court’s
order
shall
address
3
all
of
the
following:
4
a.
Whether
a
limited
guardianship
is
appropriate.
5
b.
Whether
any
terms
of
any
agreement
between
the
custodial
6
parents
or
parents
and
the
proposed
guardian
should
be
7
modified,
or
that
the
agreement
was
not
reached
knowingly
and
8
voluntarily.
9
c.
The
reasons
why
the
appointment
of
a
guardian
is
in
the
10
respondent’s
best
interests.
11
d.
That
all
respondents
have
been
provided
with
notice
of
12
the
right
to
representation
by
an
attorney,
the
right
to
be
13
personally
present
in
hearings
on
a
petition,
and
evidence
of
14
whether
notification
was
provided
pursuant
to
the
order
on
15
whether
to
appoint
a
guardian.
16
e.
The
reporting
period
to
be
covered
by
the
guardian’s
17
first
annual
report.
18
3.
A
proceeding
under
this
section
shall
not
create
a
new
19
eligibility
category
for
the
department
of
human
services
20
protective
services.
21
Sec.
13.
NEW
SECTION
.
633F.13
Representation
for
minor
22
respondent.
23
1.
Upon
the
filing
of
a
petition
for
appointment
of
a
24
guardian
pursuant
to
section
633F.5,
the
court
shall
appoint
25
an
attorney
for
the
minor,
if
the
court
determines
that
the
26
interests
of
the
minor
are
or
may
be
inadequately
represented.
27
2.
An
attorney
representing
the
minor
shall
advocate
for
the
28
wishes
and
views
of
the
minor
to
the
extent
that
those
wishes
29
and
views
are
reasonably
ascertainable
and
advocate
for
best
30
interest
of
the
minor
if
the
wishes
and
views
of
the
minor
are
31
not
reasonably
ascertainable.
32
Sec.
14.
NEW
SECTION
.
633F.14
Representation
for
indigent
33
parent
or
parents
of
minor
respondent.
34
Upon
the
filing
of
a
petition
for
appointment
of
a
guardian
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pursuant
to
section
633F.5,
the
court
shall
appoint
an
attorney
1
for
the
parent
identified
in
the
petition
if
all
of
the
2
following
are
true:
3
1.
The
parent
objects
to
the
appointment
of
a
guardian
for
4
the
minor.
5
2.
The
parent
requests
appointment
of
an
attorney
and
6
the
court
determines
that
the
parent
is
unable
to
pay
for
an
7
attorney
in
the
same
manner
as
in
section
232.141.
8
Sec.
15.
NEW
SECTION
.
633F.15
Emergency
appointment
of
9
guardian
for
a
minor.
10
1.
The
court
may
appoint
a
guardian
for
a
minor
ex
parte
11
only
when
the
petitioner
proves
by
clear
and
convincing
12
evidence
that
an
emergency
exists
justifying
the
need
for
an
13
immediate
appointment.
This
subsection
does
not
apply
to
a
14
protected
person
with
an
actively
serving
guardian.
The
order
15
appointing
a
guardian
under
this
section
shall
include
a
list
16
of
powers
of
the
guardian,
which
powers
shall
be
only
such
17
powers
as
the
court
deems
necessary
to
address
the
emergency
18
justifying
the
appointment.
19
2.
The
petition
for
emergency
appointment
must
include
the
20
contents
of
section
633F.5,
subsection
1,
paragraphs
“a”
,
“b”
,
21
“c”
,
and
“d”
.
22
3.
Upon
appointment
as
a
guardian
under
this
section,
23
the
guardian
shall
provide
notice
of
such
appointment
to
all
24
persons
required
to
be
given
notice
under
section
633F.6.
25
4.
A
protected
person
shall
be
entitled
to
a
hearing
within
26
five
days
after
the
filing
of
a
motion
by
the
protected
person
27
asking
that
the
emergency
guardianship
be
terminated.
A
motion
28
may
also
be
filed
by
a
legal
representative
of
the
protected
29
person
or
a
parent
of
the
protected
person.
30
5.
A
guardianship
under
this
section
shall
terminate
31
twenty-eight
days
after
the
order
of
appointment
is
entered.
32
Sec.
16.
NEW
SECTION
.
633F.16
Duties
of
guardian
for
a
33
minor.
34
1.
A
guardian
for
a
minor
is
a
fiduciary.
Except
as
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otherwise
limited
by
the
court,
a
guardian
for
a
minor
has
the
1
duties
and
responsibilities
of
a
parent
regarding
the
minor’s
2
safety,
care,
education,
health,
and
welfare.
A
guardian
shall
3
act
in
the
minor’s
best
interest
and
exercise
reasonable
care,
4
diligence,
and
prudence.
5
2.
A
guardian
of
a
minor
shall
do
all
of
the
following:
6
a.
Meet
with
and
maintain
sufficient
contact
with
the
7
minor
to
know
of
the
minor’s
abilities,
limitations,
needs,
8
opportunities,
and
physical
and
mental
health.
9
b.
Take
reasonable
care
of
the
minor’s
personal
effects
10
and
may
bring
a
proceeding
for
a
conservatorship
or
protective
11
arrangement
instead
of
conservatorship,
if
necessary
to
protect
12
other
property
of
the
minor.
13
c.
Inform
the
court
of
any
change
in
the
minor’s
dwelling,
14
address,
or
school
district.
15
d.
In
determining
what
is
in
the
minor’s
best
interest,
take
16
into
account
the
minor’s
preferences
to
the
extent
actually
17
known
or
reasonably
ascertainable
by
the
guardian.
18
Sec.
17.
NEW
SECTION
.
633F.17
Powers
of
guardian
for
a
19
minor.
20
1.
Except
as
otherwise
limited
by
the
court,
a
guardian
of
21
a
minor
has
the
powers
a
parent
would
otherwise
have
regarding
22
the
minor’s
safety,
care,
education,
health,
and
welfare.
23
2.
A
guardian
of
a
minor
may
do
any
of
the
following:
24
a.
If
consistent
with
the
terms
of
any
order
by
a
court
25
of
competent
jurisdiction
relating
to
custody
of
the
minor,
26
take
custody
of
the
minor
and
establish
the
minor’s
place
of
27
dwelling,
but
shall
not
establish
or
move
the
minor’s
dwelling
28
outside
the
state
without
prior
authorization
of
the
court.
29
b.
Consent
to
and
arrange
for
emergency
and
routine
medical,
30
dental
or
other
care,
treatment,
or
service
for
the
minor.
31
c.
To
the
extent
reasonable,
delegate
to
the
minor
32
responsibilities
for
decisions
affecting
the
minor’s
33
well-being.
34
d.
Any
other
powers
the
court
may
specify.
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3.
The
court
may
authorize
a
guardian
of
a
minor
to
consent
1
to
adopt
the
minor
who
does
not
have
a
living
parent.
2
4.
A
guardian
of
a
minor
may
consent
to
the
marriage
of
the
3
minor
upon
receipt
of
prior
court
authorization.
4
Sec.
18.
NEW
SECTION
.
633F.18
Petitions
to
transition
from
5
minor
to
adult
guardianships.
6
Within
six
months
of
a
protected
person’s
eighteenth
7
birthday,
the
guardian
may
petition
the
court
to
continue
the
8
guardianship
beyond
the
protected
person’s
eighteenth
birthday
9
for
the
reasons
stated
in
the
guardian’s
petition.
The
court
10
shall
set
a
hearing
date
on
a
petition
under
this
section
to
11
be
between
twenty
days
after
the
order
setting
the
hearing
12
is
entered,
and
sixty
days
before
the
protected
person’s
13
eighteenth
birthday.
The
respondent
shall
be
present
at
the
14
hearing
unless
the
court
finds
good
cause
for
the
absence
of
15
the
respondent.
If
the
respondent
is
not
present,
the
court
16
shall
make
a
record
of
the
lack
of
presence.
The
court
shall
17
make
reasonable
accommodations
to
enable
the
respondent
to
be
18
present
at
the
hearing.
Notice
of
the
hearing
shall
be
mailed
19
to
all
persons
who
would
be
entitled
to
notice
of
a
hearing
on
20
a
petition
for
guardianship
by
the
same
petitioner
for
the
same
21
respondent,
if
the
respondent
was
of
full
age.
22
Sec.
19.
NEW
SECTION
.
633F.19
Petition
for
appointment
of
23
guardian.
24
Any
adult
person
may
file
with
the
clerk
a
verified
petition
25
for
the
appointment
of
guardian.
The
petition
shall
state
all
26
of
the
following:
27
1.
The
petitioner’s
name,
address,
and
electronic
mail
28
address,
the
relationship
of
the
petitioner
to
the
respondent,
29
and,
to
the
extent
known,
all
of
the
following:
30
a.
The
respondent’s
name,
age,
county
of
residence,
place
31
of
residence,
address,
the
address
of
any
other
residence,
and
32
the
name
and
address
of
any
facility
at
which
the
respondent
33
has
resided
within
the
six-month
period
before
the
filing
of
34
the
petition.
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b.
The
names
and
addresses
of:
1
(1)
Respondent’s
spouse
and
all
adult
children
of
the
2
respondent.
3
(2)
If
there
are
no
persons
in
subparagraph
(1),
then
4
respondent’s
living
parents
and
adult
siblings.
5
(3)
If
there
are
no
persons
in
subparagraphs
(1)
and
(2),
6
then
at
least
one
adult
nearest
in
kinship
to
the
respondent.
7
(4)
If
there
are
no
persons
in
subparagraphs
(1)
through
8
(3),
then
any
adults
with
whom
the
respondent
has
resided
9
within
the
six
months
before
the
filing
of
the
petition.
10
(5)
Any
legal
representative
of
the
respondent.
11
(6)
Any
person
nominated
as
guardian
by
the
respondent
and
12
the
document
in
which
the
person
was
nominated.
13
2.
The
name
and
address
of
any
proposed
guardian
and
the
14
reason
the
court
should
accept
the
proposed
guardian.
15
3.
The
reasons
why
the
guardianship
is
necessary,
including
16
a
brief
description
of
the
respondent’s
alleged
functional
17
limitations
which
make
the
respondent
unable
to
care
for
the
18
respondent’s
personal
safety
or
to
attend
to
or
provide
for
19
necessities
such
as
food,
shelter,
clothing,
or
medical
care,
20
without
which
physical
injury
or
illness
may
occur.
21
4.
Whether
the
petitioner
seeks
a
change
of
the
respondent’s
22
residence.
23
5.
The
powers
to
be
granted
to
the
guardian
and
the
reasons
24
a
limited
guardianship
is
inappropriate.
25
6.
That
a
guardianship
is
the
least
restrictive
means
to
26
protect
the
best
interests
of
the
respondent.
27
7.
Whether
the
respondent
is
capable
of
requesting
an
28
attorney
and
whether
appointment
of
a
court
advisor
is
29
appropriate.
30
8.
Except
as
required
by
section
633F.20,
any
persons
31
identified
pursuant
to
subsection
1,
paragraph
“b”
,
are
not
32
entitled
to
notice
of
hearings
on
the
petition.
33
Sec.
20.
NEW
SECTION
.
633F.20
Notice
to
respondent.
34
1.
Except
where
the
respondent
is
the
petitioner,
notice
of
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the
filing
of
a
petition
to
appoint
a
guardian
shall
be
served
1
upon
the
respondent
in
the
manner
of
an
original
notice
and
2
the
content
of
the
notice
is
governed
by
the
rules
of
civil
3
procedure
governing
original
notice.
4
2.
Notice
shall
also
be
mailed
to
the
following
persons,
to
5
the
extent
known
to
the
petitioner:
6
a.
The
respondent’s
legal
representative.
7
b.
The
spouse
and
adult
children
of
the
respondent.
8
c.
If
there
are
no
persons
in
paragraphs
“a”
and
“b”
,
then
9
to
the
respondent’s
adult
grandchildren.
10
d.
If
there
are
no
persons
in
paragraphs
“a”
through
“c”
,
11
then
to
the
respondent’s
parents
and
adult
siblings.
12
e.
If
there
are
no
persons
in
paragraphs
“a”
through
“d”
,
13
then
to
any
adult
with
whom
respondent
has
resided
in
the
14
six-month
period
preceding
the
filing
of
the
petition,
and
any
15
adult
who
has
assisted
the
respondent
with
decision
making
for
16
such
period.
17
f.
If
there
are
no
persons
in
paragraphs
“a”
through
“e”
,
18
then
at
least
one
adult
in
the
priority
shown
in
section
19
633.219.
20
3.
Any
notice
required
to
be
mailed
under
this
section
shall
21
conform
to
section
633.40,
subsection
5.
22
Sec.
21.
NEW
SECTION
.
633F.21
Notification
of
guardianship
23
powers.
24
In
a
proceeding
for
the
appointment
of
a
guardian,
the
25
respondent
shall
be
given
written
notice,
as
provided
in
26
section
633F.20,
which
advises
the
respondent
that,
if
27
a
guardian
is
appointed,
the
guardian
may,
without
court
28
approval,
provide
for
the
care
of
the
respondent,
manage
29
the
respondent’s
personal
property
and
effects,
assist
30
the
respondent
in
developing
self-reliance
and
receiving
31
professional
care,
counseling,
treatment,
or
services
as
32
needed,
and
ensure
that
the
respondent
receives
necessary
33
emergency
medical
services.
The
notice
shall
also
advise
34
the
respondent
that,
upon
the
court’s
approval,
the
guardian
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may
change
the
respondent’s
permanent
residence
to
a
more
1
restrictive
residence.
The
notice
shall
also
advise
the
2
respondent
that,
without
court
approval,
the
guardian
may
3
arrange
for
certain
routine
medical
procedures
for
the
4
respondent.
The
notice
shall
clearly
advise
the
respondent
in
5
boldface
type
of
a
minimum
size
of
ten
points,
of
the
right
6
to
counsel
and
the
potential
deprivation
of
the
respondent’s
7
civil
rights.
The
notice
shall
also
state
that
the
respondent
8
may
use
the
respondent’s
own
attorney
instead
of
an
attorney
9
appointed
by
the
court.
10
Sec.
22.
NEW
SECTION
.
633F.22
Appointment
of
guardian.
11
1.
If
the
court
finds
by
clear
and
convincing
evidence
12
that
the
respondent’s
decision-making
capacity
is
so
impaired
13
that
the
respondent
is
unable
to
care
for
the
respondent’s
14
personal
safety
or
to
attend
to
or
provide
for
the
respondent’s
15
necessities
such
as
food,
shelter,
clothing,
or
medical
16
care,
without
which
physical
injury
or
illness
may
occur,
and
17
the
court
finds
there
are
no
less
restrictive
alternatives
18
that
will
protect
the
respondent,
the
court
shall
appoint
a
19
guardian.
20
2.
In
appointing
a
guardian,
the
court
shall
consider
the
21
functional
abilities
and
limitations
of
the
respondent
and
22
whether
a
limited
guardianship
is
appropriate.
23
3.
If
the
court
appoints
a
guardian
for
a
respondent
who
has
24
been
diagnosed
as
having
an
intellectual
disability,
the
court
25
shall
make
a
separate
determination
as
to
the
respondent’s
26
competency
to
vote.
The
court
shall
find
a
respondent
27
incompetent
to
vote
only
upon
determining
that
the
person
lacks
28
sufficient
mental
capacity
to
comprehend
and
exercise
the
right
29
to
vote.
30
4.
Upon
the
filing
of
the
petition
for
appointment
of
a
31
guardian,
the
court
shall
request
records
of
child
abuse,
32
dependent
adult
abuse,
sex
offender
registries,
and
criminal
33
convictions,
in
the
state
of
the
proposed
guardian’s
residence
34
unless
the
proposed
guardian
has
undergone
these
required
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background
checks
within
the
prior
twelve
months.
The
court
1
shall
consider
these
records
and
other
information
regarding
2
the
proposed
guardian
that
it
deems
appropriate
prior
to
3
determining
whether
the
proposed
guardian
is
qualified
4
and
suitable
to
serve
as
guardian
for
the
respondent.
The
5
petitioner
shall
be
responsible
for
paying
the
costs
of
6
obtaining
background
information
described
in
this
subsection
7
unless
the
court
waives
such
costs
for
good
cause
shown.
8
5.
In
appointing
a
guardian,
the
court’s
order
shall
address
9
all
of
the
following:
10
a.
Whether
a
limited
guardianship
is
appropriate.
11
b.
The
reasons
why
the
appointment
of
a
guardian
is
in
the
12
respondent’s
best
interests.
13
c.
That
the
respondent
has
been
provided
with
notice
of
14
the
right
to
representation
by
an
attorney,
the
right
to
be
15
personally
present
in
hearings
on
a
petition,
and
evidence
of
16
whether
notification
was
provided
pursuant
to
the
order
on
17
whether
to
appoint
a
guardian.
18
d.
The
reporting
period
to
be
covered
by
the
guardian’s
19
first
annual
report.
20
Sec.
23.
NEW
SECTION
.
633F.23
Emergency
appointment
of
21
guardian.
22
1.
The
court
may
appoint
a
guardian
ex
parte
only
when
23
the
petitioner
proves
by
clear
and
convincing
evidence
that
24
an
emergency
exists
justifying
the
need
for
an
immediate
25
appointment.
This
subsection
does
not
apply
to
a
protected
26
person
with
an
actively
serving
guardian.
The
order
appointing
27
a
guardian
under
this
section
shall
include
a
list
of
powers
28
of
the
guardian,
which
powers
shall
be
only
such
powers
as
the
29
court
deems
necessary
to
address
the
emergency
justifying
the
30
appointment.
31
2.
Upon
appointment
as
a
guardian
under
this
section,
32
the
guardian
shall
provide
notice
of
such
appointment
to
all
33
persons
required
to
be
given
notice
under
section
633F.20.
34
3.
A
protected
person
shall
be
entitled
to
a
hearing
within
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five
days
after
the
filing
of
a
motion
by
the
protected
person
1
asking
that
the
emergency
guardianship
be
terminated.
2
4.
A
guardianship
under
this
section
shall
terminate
3
twenty-eight
days
after
the
order
of
appointment
is
entered.
4
Sec.
24.
NEW
SECTION
.
633F.24
Preference
as
to
appointment
5
of
guardian.
6
The
court
shall
appoint
as
guardian
a
qualified
and
7
suitable
person
who
is
willing
to
serve
in
that
capacity.
The
8
same
person
may
be
appointed
to
serve
as
both
guardian
and
9
conservator.
10
Sec.
25.
NEW
SECTION
.
633F.25
Appointment
of
guardian
on
a
11
standby
basis.
12
1.
A
petition
for
the
appointment
of
a
guardian
on
a
standby
13
basis
may
be
filed
by
any
adult
person
under
the
same
procedure
14
and
requirements
as
provided
in
sections
633.596,
633.597,
15
and
633F.41
for
appointment
of
standby
conservator,
insofar
16
as
applicable.
In
all
proceedings
to
appoint
a
guardian,
17
the
court
shall
consider
whether
a
limited
guardianship
is
18
appropriate.
19
2.
If
prior
to
the
time
of
hearing
on
a
petition
for
the
20
appointment
of
a
guardian
or
a
conservator,
a
petition
is
21
filed
under
the
provisions
of
this
section
or
section
633F.19,
22
633F.28,
or
633F.41,
subsection
1,
the
court
shall
combine
the
23
hearing
on
such
petitions
and
determine
who
shall
be
appointed
24
guardian
or
conservator,
and
such
petition
shall
be
triable
to
25
the
court.
26
Sec.
26.
NEW
SECTION
.
633F.26
Responsibilities
of
guardian.
27
1.
A
guardian
is
a
fiduciary.
A
guardian
shall
have
the
28
following
responsibilities:
29
a.
Treat
protected
persons
with
dignity
and
respect.
30
b.
Promote
self-determination
of
the
protected
persons,
to
31
the
extent
reasonably
possible,
by
involving
them
in
decisions
32
that
affect
them
and
by
considering
their
wishes,
values,
and
33
preferences
in
making
decisions
on
their
behalf.
34
c.
In
making
decisions
for
a
protected
person,
make
the
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decisions
known
or
reasonably
believed
the
protected
person
1
would
make
if
able
unless
such
a
decision
would
unreasonably
2
harm
or
endanger
the
protected
person’s
welfare
or
interest.
3
If
the
guardian
does
not
know
or
cannot
reasonably
ascertain
4
the
decisions
that
the
protected
person
would
make
if
able,
or
5
if
making
such
a
decision
would
unreasonably
harm
or
endanger
6
the
protected
person’s
welfare,
the
guardian
shall
act
in
the
7
protected
person’s
best
interest.
8
d.
Maintain
regular
contact
with
the
protected
person
to
the
9
extent
reasonably
possible.
10
e.
Make
a
good-faith
effort
to
cooperate
with
other
legal
11
representatives
of
the
protected
person.
12
2.
Based
upon
evidence
produced
at
the
hearing,
the
court
13
may
grant
a
guardian
the
following
powers
and
duties
which
may
14
be
exercised
without
additional
court
approval:
15
a.
Providing
for
the
care,
comfort,
and
maintenance
of
the
16
protected
person,
including
appropriate
training
and
education
17
to
maximize
the
protected
person’s
potential.
18
b.
Taking
reasonable
care
of
the
protected
person’s
19
clothing,
furniture,
vehicle,
and
other
personal
effects.
20
c.
Ensuring
the
protected
person
receives
necessary
21
emergency
medical
services.
22
d.
Ensuring
the
protected
person
receives
appropriate
23
professional
care,
counseling,
and
medical
treatment
and
24
services
limited
to
preventive
and
diagnostic
services
and
25
treatment
related
to
a
specific
illness,
symptom,
complaint,
26
or
injury.
27
e.
Changing
the
protected
person’s
permanent
residence
to
an
28
arrangement
that
is
less
restrictive
of
the
protected
person’s
29
ability
to
leave
or
have
visitors
than
the
arrangement
at
the
30
time
of
the
guardian’s
appointment.
31
f.
Placing
reasonable
time,
place,
or
manner
restrictions
on
32
communication,
visitation,
or
interaction
between
the
protected
33
person
and
another
person.
34
g.
Any
other
powers
or
duties
the
court
may
specify.
35
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3.
The
court
in
issuing
any
order
shall
take
into
account
1
all
the
available
information
concerning
the
capabilities
of
2
the
protected
person
including
any
additional
evaluation
deemed
3
necessary
and
the
availability
of
third-party
assistance
to
4
meet
the
needs
of
the
protected
person.
5
4.
The
court
may
direct
that
the
guardian
have
only
limited
6
responsibility
for
the
protected
person.
If
the
responsibility
7
is
limited,
the
court
shall
state
those
areas
of
responsibility
8
which
shall
be
the
guardian’s,
and
all
others
shall
be
retained
9
by
the
protected
person.
10
5.
Following
hearing
and
notice
to
the
protected
person
and
11
court
advisor,
the
court,
by
specific
reference
to
the
power
12
being
granted,
may
authorize
a
guardian
to
exercise
any
of
the
13
following
powers:
14
a.
Changing,
at
the
guardian’s
request,
the
protected
15
person’s
permanent
residence
to
a
nursing
home,
or
other
secure
16
facility
or
secure
portion
of
a
facility,
or
a
facility
that
17
restricts
the
protected
person’s
ability
to
leave
or
have
18
visitors.
19
b.
Arranging
for
health,
including
mental
health,
or
other
20
care,
treatment,
or
services
for
the
protected
person
that
were
21
not
granted
in
subsection
2.
22
c.
Consenting
to
the
withholding
or
withdrawal
of
23
life-sustaining
procedures
in
accordance
with
chapter
144A
for
24
the
protected
person.
25
d.
Upon
a
showing
to
the
court
of
good
cause,
denying
all
26
communication,
visitation,
or
interaction
by
the
protected
27
person
with
a
person
with
whom
the
protected
person
has
28
expressed
a
desire
to
communicate,
visit,
or
interact,
or
with
29
a
person
who
seeks
to
communicate,
visit,
or
interact
with
the
30
protected
person.
31
6.
If
the
court
makes
a
separate
determination
that
the
32
protected
person
lacks
sufficient
mental
capacity
to
comprehend
33
and
exercise
the
right
to
vote
then
the
court
shall
order
that
34
the
protected
person
may
not
vote
without
further
order
of
the
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court.
1
7.
If
the
court
makes
a
separate
determination
that
the
2
protected
person
lacks
sufficient
mental
capacity
to
contract
a
3
valid
marriage
then
the
court
shall
order
that
the
protected
4
person
may
not
marry
without
further
order
of
the
court.
5
Sec.
27.
NEW
SECTION
.
633F.27
Rights
of
protected
person
6
under
guardianship.
7
An
adult
protected
person
under
a
guardianship
has
the
right
8
of
communication,
visitation,
or
interaction
with
other
persons
9
upon
the
consent
of
the
adult
protected
person,
subject
to
10
section
633F.26,
subsection
2,
paragraph
“f”
.
If
an
adult
11
protected
person
is
unable
to
give
express
consent
to
such
12
communication,
visitation,
or
interaction
with
a
person
due
to
13
a
physical
or
mental
condition,
consent
of
an
adult
protected
14
person
may
be
presumed
by
a
guardian
or
a
court
based
on
an
15
adult
protected
person’s
prior
relationship
with
such
person.
16
Sec.
28.
NEW
SECTION
.
633F.28
Petition
for
appointment
of
17
conservator.
18
1.
Any
adult
person
may
file
with
the
clerk
a
verified
19
petition
for
the
appointment
of
a
conservator.
The
petition
20
shall
state
all
of
the
following
information:
21
a.
The
petitioner’s
name,
address,
and
electronic
mail
22
address,
and
relationship
to
the
respondent.
23
b.
To
the
extent
known,
the
respondent’s
name,
age,
county
24
of
residence,
mailing
address,
and
current
location.
25
c.
To
the
extent
known,
the
name,
address,
electronic
mail
26
address,
and
phone
number
of
the
following
persons:
27
(1)
The
respondent’s
spouse,
if
any,
and
respondent’s
adult
28
children.
29
(2)
If
there
are
no
persons
in
subparagraph
(1),
the
30
respondent’s
living
parents
and
adult
siblings.
31
(3)
If
there
are
no
persons
in
subparagraphs
(1)
and
(2),
32
then,
one
or
all
of
the
below:
33
(a)
Any
adult
with
whom
the
respondent
has
resided
in
a
34
noninstitutional
setting
for
more
than
six
months
immediately
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prior
to
the
filing
of
the
petition,
if
any.
1
(b)
Any
person
or
institution
primarily
responsible
for
the
2
care
or
having
custody
of
the
respondent,
if
any.
3
(4)
Any
nominated
or
presently
acting
legal
representative
4
of
the
respondent.
5
2.
Any
person
nominated
as
conservator
by
the
respondent,
6
and
the
document
in
which
the
person
was
nominated.
7
3.
The
name
and
address
of
any
proposed
conservator,
and
8
the
reasons
the
court
should
accept
the
proposed
conservator.
9
If
the
respondent
has
nominated
a
conservator
other
than
the
10
proposed
conservator,
the
reasons
the
proposed
conservator
11
should
be
appointed
in
lieu
of
the
respondent’s
nominee.
12
4.
The
reasons
why
the
conservatorship
is
necessary,
13
including
a
brief
description
of
the
respondent’s
alleged
14
functional
limitations
which
make
the
respondent
unable
to
15
make,
communicate,
or
carry
out
important
decisions
concerning
16
the
respondent’s
financial
affairs.
17
5.
A
list
of
what
alternatives
to
the
appointment
of
a
18
conservator
have
been
considered
or
attempted
and
why
these
19
alternatives
do
not
address
the
limitations
in
the
respondent’s
20
ability
to
make,
communicate,
or
carry
out
the
respondent’s
21
financial
decisions.
22
6.
The
powers
to
be
granted
to
the
limited
conservator,
or,
23
the
reasons
a
limited
conservatorship
is
inappropriate.
24
7.
The
estimated
present
value
of
the
real
estate,
the
25
estimated
value
of
the
personal
property,
and
the
estimated
26
gross
annual
income
of
the
estate.
If
any
money
is
payable,
27
or
to
become
payable,
to
the
respondent
by
the
United
States
28
through
the
United
States
department
of
veterans
affairs,
the
29
petition
shall
so
state.
30
8.
Whether
the
respondent
is
capable
of
requesting
an
31
attorney
and
whether
appointment
of
a
court
advisor
is
32
appropriate.
33
9.
Except
as
required
by
section
633F.20,
any
persons
34
identified
pursuant
to
section
1,
paragraph
“c”
,
are
not
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entitled
to
notice
of
hearings
on
the
petition.
1
Sec.
29.
NEW
SECTION
.
633F.29
Notice
to
respondent.
2
1.
Except
where
the
respondent
is
the
petitioner,
notice
of
3
the
filing
of
the
petition
shall
be
served
upon
the
respondent
4
in
the
manner
of
an
original
notice
and
the
content
of
the
5
notice
is
governed
by
the
rules
of
civil
procedure
governing
6
original
notice.
7
2.
Notice
shall
be
mailed
to
the
following
persons,
to
the
8
extent
known
to
the
petitioner:
9
a.
The
respondent’s
legal
representative.
10
b.
The
spouse
and
adult
children
of
the
respondent.
11
c.
If
there
are
no
persons
in
paragraphs
“a”
and
“b”
,
then
12
to
the
respondent’s
adult
grandchildren.
13
d.
If
there
are
no
persons
in
paragraphs
“a”
through
“c”
,
14
then
to
the
respondent’s
parents
and
adult
siblings.
15
e.
If
there
are
no
persons
in
paragraphs
“a”
through
“d”
,
16
then
to
any
adult
with
whom
the
respondent
has
resided
in
the
17
six-month
period
preceding
the
filing
of
the
petition,
and
any
18
adult
who
has
assisted
the
respondent
with
decision
making
for
19
such
period.
20
f.
If
there
are
no
persons
in
paragraphs
“a”
through
“e”
,
21
then
at
least
one
adult
in
the
priority
shown
in
section
22
633.219.
23
3.
Notice
shall
also
be
mailed
to
the
United
States
24
department
of
veterans
affairs
in
the
event
the
respondent
is
25
receiving
a
veterans
benefit.
26
4.
Any
notice
required
to
be
mailed
hereunder
shall
conform
27
to
section
633.40,
subsection
5.
28
Sec.
30.
NEW
SECTION
.
633F.30
Notification
of
29
conservatorship
powers.
30
In
a
proceeding
for
the
appointment
of
a
conservator,
the
31
respondent
shall
be
given
written
notice
which
advises
the
32
respondent
that
if
a
conservator
is
appointed,
the
conservator
33
may,
without
court
approval,
manage
the
respondent’s
principal,
34
income,
and
investments,
sue
and
defend
any
claim
by
or
against
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the
respondent,
sell
and
transfer
personal
property,
and
vote
1
at
corporate
meetings.
The
notice
shall
also
advise
the
2
respondent
that,
upon
the
court’s
approval,
the
conservator
3
may,
after
approval
of
the
conservator’s
plan
and
without
4
further
approval,
invest
the
respondent’s
funds,
execute
5
leases,
make
payments
to
or
for
the
benefit
of
the
respondent,
6
support
the
respondent’s
legal
dependents,
compromise
or
settle
7
any
claim,
and
do
any
other
thing
that
the
court
determines
8
is
in
the
respondent’s
best
interests.
The
notice
shall
9
clearly
advise
the
respondent,
in
boldface
type
of
a
minimum
10
size
of
ten
points,
of
the
right
to
counsel
and
the
potential
11
deprivation
of
the
respondent’s
civil
rights.
The
notice
shall
12
also
state
that
the
respondent
may
use
the
respondent’s
own
13
attorney
instead
of
an
attorney
appointed
by
the
court.
In
an
14
involuntary
conservatorship
proceeding,
the
notice
shall
be
15
served
upon
the
respondent
with
the
notice
of
the
filing
of
the
16
petition
as
provided
in
section
633F.29.
17
Sec.
31.
NEW
SECTION
.
633F.31
Appointment
of
conservator.
18
1.
If
the
court
finds
by
clear
and
convincing
evidence
that
19
the
respondent’s
functional
limitations
prevent
the
respondent
20
from
making,
communicating,
or
carrying
out
important
decisions
21
concerning
the
respondent’s
financial
affairs,
and
the
court
22
finds
there
are
no
less-restrictive
alternatives
that
will
23
protect
the
respondent,
the
court
shall
appoint
a
conservator.
24
2.
In
appointing
a
conservator,
the
court
shall
consider
25
the
functional
abilities
and
limitations
of
the
respondent
and
26
whether
a
limited
conservatorship
is
appropriate.
27
3.
Upon
the
filing
of
the
petition
for
appointment
of
a
28
conservator,
the
court
shall
request
records
of
child
abuse,
29
dependent
adult
abuse,
sex
offender
registries,
and
criminal
30
convictions,
in
the
state
of
the
proposed
conservator’s
31
residence
unless
the
proposed
conservator
has
undergone
these
32
required
background
checks
within
the
prior
twelve
months,
33
or
unless
the
proposed
conservator
is
an
Iowa
financial
34
institution
with
trust
powers.
The
court
shall
consider
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these
records
and
other
information
regarding
the
proposed
1
conservator
that
it
deems
appropriate
prior
to
determining
2
whether
the
proposed
conservator
is
qualified
and
suitable
to
3
serve
as
conservator
for
the
respondent.
The
petitioner
shall
4
be
responsible
for
paying
the
costs
of
obtaining
background
5
information
described
in
this
section
unless
the
court
waives
6
such
costs
for
good
cause
shown.
7
4.
In
appointing
a
conservator,
the
court’s
order
shall
8
address
all
of
the
following:
9
a.
Whether
a
limited
conservatorship
is
appropriate.
10
b.
The
reasons
why
the
appointment
of
a
conservator
is
in
11
the
respondent’s
best
interests.
12
c.
That
all
respondents
have
been
provided
with
notice
of
13
the
right
to
representation
by
an
attorney,
the
right
to
be
14
personally
present
in
hearings
on
a
petition,
and
evidence
of
15
whether
notification
was
provided
pursuant
to
the
order
on
16
whether
to
appoint
a
conservator.
17
d.
The
reporting
period
to
be
covered
by
the
conservator’s
18
first
annual
report.
19
Sec.
32.
NEW
SECTION
.
633F.32
Emergency
appointment
of
20
conservator.
21
1.
The
court
may
appoint
a
conservator
ex
parte
only
when
22
the
petitioner
proves
by
clear
and
convincing
evidence
that
23
an
emergency
exists
justifying
the
need
for
an
immediate
24
appointment.
This
subsection
does
not
apply
to
a
protected
25
person
with
an
actively
serving
conservator.
The
order
26
appointing
a
conservator
under
this
section
shall
include
27
a
list
of
powers
of
the
conservator,
which
powers
shall
be
28
only
such
powers
as
the
court
deems
necessary
to
address
the
29
emergency
justifying
the
appointment.
30
2.
Upon
appointment
as
a
conservator
under
this
section,
31
the
conservator
shall
provide
notice
of
such
appointment
to
all
32
persons
required
to
be
given
notice
under
section
633F.29.
33
3.
A
protected
person
shall
be
entitled
to
a
hearing
within
34
five
days
after
the
filing
of
a
motion
by
the
protected
person
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asking
that
the
emergency
conservatorship
be
terminated.
1
4.
A
conservatorship
under
this
section
shall
terminate
2
twenty-eight
days
after
the
order
of
appointment
is
entered.
3
Sec.
33.
NEW
SECTION
.
633F.33
Selection
of
conservator.
4
The
court
shall
appoint
as
conservator
a
qualified
and
5
suitable
person
who
is
willing
to
serve
in
that
capacity.
The
6
same
person
may
be
appointed
to
serve
as
both
guardian
and
7
conservator.
8
Sec.
34.
NEW
SECTION
.
633F.34
Combining
petitions
for
9
appointment
of
guardian
and
conservator.
10
1.
The
petition
for
the
appointment
of
a
guardian
for
an
11
adult
and
a
petition
for
a
conservator
for
an
adult
may
be
12
combined
and
the
cause
tried
in
the
same
manner
as
a
petition
13
for
the
appointment
of
a
conservator.
14
2.
The
petition
for
the
appointment
of
a
guardian
for
a
15
minor
and
the
petition
for
the
appointment
of
a
conservator
of
16
a
minor
shall
not
be
combined.
17
Sec.
35.
NEW
SECTION
.
633F.35
Powers
of
protected
person
18
in
conservatorship.
19
1.
A
protected
person
for
whom
a
conservator
has
been
20
appointed
shall
not
have
the
power
to
convey,
encumber,
or
21
dispose
of
property
in
any
manner,
other
than
by
will
if
the
22
protected
person
possesses
the
requisite
testamentary
capacity,
23
unless
the
court
determines
that
the
protected
person
has
a
24
limited
ability
to
handle
the
protected
person’s
own
funds.
If
25
the
court
makes
such
a
finding,
it
shall
specify
to
what
extent
26
the
protected
person
may
possess
and
use
the
protected
person’s
27
own
funds.
28
2.
Any
modification
of
the
powers
of
the
protected
person
29
that
would
be
more
restrictive
of
the
protected
person’s
30
control
over
the
protected
person’s
financial
affairs
shall
31
be
based
upon
clear
and
convincing
evidence
and
the
burden
of
32
persuasion
is
on
the
conservator.
Any
modification
that
would
33
be
less
restrictive
of
the
protected
person’s
control
over
the
34
protected
person’s
financial
affairs
shall
be
based
upon
proof
35
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in
accordance
with
the
requirements
of
section
633F.55.
1
Sec.
36.
NEW
SECTION
.
633F.36
Title
and
possession
of
2
protected
person’s
property.
3
1.
The
title
to
all
property
of
the
protected
person
is
4
in
the
protected
person
and
not
the
conservator,
subject,
5
however,
to
possession
by
the
conservator
and
to
the
control
of
6
the
court
for
the
purposes
of
administration,
sale,
or
other
7
disposition.
Any
real
property
of
the
protected
person
titled
8
at
any
time
in
the
name
of
a
conservatorship
shall
be
deemed
9
to
be
titled
in
the
protected
person’s
name
subject
to
the
10
conservator’s
right
of
possession.
11
2.
Every
conservator
shall
have
a
right
to,
and
shall
take,
12
possession
of
all
of
the
real
and
personal
property
of
the
13
protected
person.
The
conservator
shall
pay
the
taxes
and
14
collect
the
income
from
the
property
until
the
conservatorship
15
is
terminated.
The
conservator
may
maintain
an
action
for
the
16
possession
of
the
property,
and
to
determine
the
title
to
the
17
property.
18
Sec.
37.
NEW
SECTION
.
633F.37
Duties
of
conservator.
19
1.
A
conservator
is
a
fiduciary
and
has
duties
of
prudence
20
and
loyalty
to
the
protected
person.
21
2.
A
conservator
shall
promote
the
self-determination
of
22
the
protected
person
and,
to
the
extent
feasible,
encourage
23
the
protected
person
to
participate
in
decisions,
act
on
the
24
protected
person’s
own
behalf,
and
develop
or
regain
the
25
capacity
to
manage
the
protected
person’s
financial
affairs.
26
3.
In
making
decisions
for
a
protected
person,
the
27
conservator
shall
make
the
decision
the
conservator
reasonably
28
believes
the
protected
person
would
make
if
able,
unless
doing
29
so
would
fail
to
preserve
the
resources
needed
to
maintain
30
the
protected
person’s
well-being
and
lifestyle
or
otherwise
31
unreasonably
harm
or
endanger
the
welfare
or
personal
or
32
financial
interests
of
the
protected
person.
To
determine
33
the
decision
the
protected
person
would
make
if
able,
the
34
conservator
shall
consider
the
protected
person’s
prior
or
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current
directions,
preferences,
opinions,
values,
and
actions,
1
to
the
extent
actually
known
or
reasonably
ascertainable
by
the
2
conservator.
3
4.
If
a
conservator
cannot
make
a
decision
under
subsection
4
3
because
the
conservator
does
not
know
and
cannot
reasonably
5
determine
the
decision
the
protected
person
would
make
if
6
able,
or
the
conservator
reasonably
believes
the
decision
the
7
protected
person
would
make
would
fail
to
preserve
resources
8
needed
to
maintain
the
protected
person’s
well-being
and
9
lifestyle
or
otherwise
unreasonably
harm
or
endanger
the
10
welfare
or
personal
or
financial
interests
of
the
protected
11
person,
the
conservator
shall
act
in
accordance
with
the
best
12
interests
of
the
protected
person.
In
determining
the
best
13
interests
of
the
protected
person,
the
conservator
shall
14
consider
all
of
the
following:
15
a.
Information
received
from
professionals
and
persons
that
16
demonstrate
sufficient
interest
in
the
welfare
of
the
protected
17
person.
18
b.
Other
information
the
conservator
believes
the
protected
19
person
would
have
considered
if
the
protected
person
were
able
20
to
act.
21
c.
Other
factors
a
reasonable
person
in
the
circumstances
22
of
the
protected
person
would
consider,
including
consequences
23
to
others.
24
5.
Except
when
inconsistent
with
the
conservator’s
duties
25
under
subsections
1
through
4,
a
conservator
shall
invest
and
26
manage
the
protected
person’s
assets
as
a
prudent
investor
27
would,
by
considering
the
circumstances
and
property
of
the
28
protected
person.
29
6.
The
propriety
of
a
conservator’s
investment
and
30
management
of
the
conservatorship
estate
is
determined
in
light
31
of
the
facts
and
circumstances
existing
when
the
conservator
32
decides
or
acts
and
not
by
hindsight.
33
7.
A
conservator
that
has
special
skills
or
expertise,
34
or
is
named
conservator
in
reliance
on
the
conservator’s
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representation
of
special
skills
or
expertise,
has
a
duty
1
to
use
the
special
skills
or
expertise
in
carrying
out
the
2
conservator’s
duties.
3
8.
In
investing
and
selecting
specific
property
for
4
distribution,
a
conservator
shall
consider
any
estate
plan
or
5
other
donative,
nominative,
or
appointive
instrument
of
the
6
protected
person,
known
to
the
conservator.
7
9.
A
conservator
shall
maintain
insurance
on
the
insurable
8
real
and
personal
property
of
the
protected
person,
unless
9
the
conservatorship
estate
lacks
sufficient
funds
to
pay
for
10
insurance
or
the
court
finds
any
of
the
following:
11
a.
The
property
lacks
sufficient
equity
to
justify
the
12
insurance
premium.
13
b.
Insuring
the
property
would
unreasonably
dissipate
the
14
conservatorship
estate.
15
c.
Insuring
the
property
would
not
be
in
the
best
interest
16
of
the
protected
person.
17
10.
If
a
protected
person
has
executed
a
valid
power
of
18
attorney
under
chapter
633B,
the
conservator
shall
act
in
19
accordance
with
the
applicable
provisions
of
chapter
633B.
20
11.
The
conservator
shall
report
to
the
department
of
21
human
services
the
protected
person’s
assets
and
income,
if
22
the
protected
person
is
receiving
medical
assistance
under
23
chapter
249A.
Such
reports
shall
be
made
upon
establishment
of
24
a
conservatorship
for
an
individual
applying
for
or
receiving
25
medical
assistance,
upon
application
for
benefits
on
behalf
26
of
the
protected
person,
upon
annual
or
semiannual
review
of
27
continued
medical
assistance
eligibility,
when
any
significant
28
change
in
the
protected
person’s
assets
or
income
occurs,
or
29
as
otherwise
requested
by
the
department
of
human
services.
30
Written
reports
shall
be
provided
to
the
department
of
human
31
services
office
for
the
county
in
which
the
protected
person
32
resides
or
the
office
in
which
the
protected
person’s
medical
33
assistance
is
administered.
34
Sec.
38.
NEW
SECTION
.
633F.38
Powers
of
conservator.
35
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1.
The
conservator,
acting
reasonably
and
consistent
1
with
the
fiduciary
duties
of
the
conservator
to
accomplish
2
the
purpose
of
the
conservatorship,
and
acting
in
a
manner
3
consistent
with
the
conservator’s
plan,
and
consistent
with
4
the
order
establishing
the
conservatorship,
including
any
5
limitations
in
the
order,
shall,
without
the
necessity
of
prior
6
court
approval,
have
all
the
following
powers
on
behalf
of
the
7
protected
person:
8
a.
Collect,
receive,
receipt
for
any
principal
or
income,
9
and
to
enforce,
defend
against,
or
prosecute
any
claim
by
or
10
against
the
protected
person
or
the
conservator;
and
to
sue
on
11
and
defend
claims
in
favor
of
or
against
the
protected
person
12
or
the
conservator.
13
b.
Sell
and
transfer
personal
property
of
a
perishable
14
nature
and
tangible
personal
property
for
which
there
is
a
15
regularly
established
market.
16
c.
Vote
at
corporate
meetings
in
person
or
by
proxy.
17
d.
Receive
additional
property
from
any
source.
18
e.
Notwithstanding
the
provisions
of
section
633.123,
19
continue
to
hold
any
investment
or
other
property
originally
20
received
by
the
conservator,
and
also
any
increase
thereof,
21
pending
the
timely
filing
of
the
first
annual
report.
22
f.
Pay
court
costs,
bond
premiums,
and
court-approved
23
expenses.
24
g.
Open
a
depository
account.
25
h.
Receive
bank
statements
and
investment
reports
and
26
correspond
with
financial
institutions.
27
i.
Buy,
sell,
invest,
or
reinvest
assets,
except
real
28
estate,
pursuant
to
section
633.123.
29
j.
Make
payments
on
any
existing
mortgage,
including
for
30
real
estate
taxes
and
for
property
and
liability
insurance.
31
k.
Pay
for
the
protected
person’s
housing
under
an
existing
32
agreement.
33
l.
Pay
health
care
insurance
premiums
and
prescription
34
medications,
medical
expenses,
hospital
expenses,
and
ambulance
35
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bills.
1
m.
Authorize
preparation
and
filing
of,
and
pay
any
amount
2
due
for,
state
and
federal
income
taxes.
3
n.
Pay
utilities
on
the
real
property
owned
or
leased
by
the
4
protected
person.
5
o.
Purchase
clothing.
6
p.
Purchase
food,
cleaning
supplies,
toiletries,
and
7
personal
grooming
for
the
protected
person.
8
q.
Reimburse
the
guardian
or
guardians
for
reasonable
9
out-of-pocket
expenses
advanced
on
behalf
of
the
protected
10
person
for
health
care
and
other
items
upon
presentation
of
a
11
receipt
or
statement
to
the
conservator.
12
r.
Pay
reasonable
wages
and
any
required
employment
taxes
13
to
individuals
or
organizations
that
can
assist
the
protected
14
person
as
needed
with
cooking,
cleaning,
shopping,
and
other
15
activities
of
daily
living.
16
2.
Except
as
otherwise
ordered
by
the
court,
a
conservator
17
must
give
notice
to
persons
entitled
to
notice
and
receive
18
specific
prior
authorization
by
the
court
before
the
19
conservator
may
take
any
other
action
on
behalf
of
the
20
protected
person.
These
other
powers
requiring
court
approval
21
include
the
authority
of
the
conservator
to:
22
a.
Invest
the
protected
person’s
assets
consistent
with
23
section
633.123.
24
b.
Make
gifts
on
the
protected
person’s
behalf
from
25
conservatorship
assets
to
persons
or
religious,
educational,
26
scientific,
charitable,
or
other
nonprofit
organizations
to
27
whom
or
to
which
such
gifts
were
regularly
made
prior
to
the
28
conservator’s
appointment;
or
on
a
showing
that
such
gifts
29
would
benefit
the
protected
person
from
the
perspective
of
30
gift,
estate,
inheritance,
or
other
taxes.
No
gift
shall
be
31
allowed
which
would
foreseeably
prevent
adequate
provision
for
32
the
protected
person’s
best
interest.
33
c.
Make
payments
consistent
with
the
conservator’s
plan
34
described
above
directly
to
the
protected
person
or
to
others
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for
the
protected
person’s
education
and
training
needs.
1
d.
Use
the
protected
person’s
income
or
assets
to
provide
2
for
any
person
that
the
protected
person
is
legally
obligated
3
to
support.
4
e.
Compromise,
adjust,
arbitrate,
or
settle
any
claim
by
or
5
against
the
protected
person
or
the
conservator.
6
f.
Make
elections
for
a
protected
person
who
is
the
7
surviving
spouse
as
provided
in
sections
633.236
and
633.240.
8
g.
Exercise
the
right
to
disclaim
on
behalf
of
the
protected
9
person
as
provided
in
section
633E.5.
10
h.
Sell,
mortgage,
exchange,
pledge,
or
lease
the
protected
11
person’s
real
and
personal
property
consistent
with
subchapter
12
VII,
part
6
of
chapter
633
regarding
sale
of
property
from
a
13
decedent’s
estate.
14
Sec.
39.
NEW
SECTION
.
633F.39
Presumption
of
fraud
in
15
conservatorship.
16
If
a
conservator
is
appointed,
all
contracts,
transfers,
17
and
gifts
made
by
the
protected
person
after
the
filing
of
the
18
petition
shall
be
presumed
to
be
a
fraud
against
the
rights
and
19
interest
of
the
protected
person
except
as
otherwise
directed
20
by
the
court
pursuant
to
section
633.637.
21
Sec.
40.
NEW
SECTION
.
633F.40
Procedure
in
lieu
of
22
conservatorship.
23
If
a
conservator
has
not
been
appointed,
money
due
a
minor
or
24
other
property
to
which
a
minor
is
entitled,
not
exceeding
in
25
the
aggregate
fifty
thousand
dollars
in
value,
shall
be
paid
26
or
delivered
to
a
custodian
under
any
uniform
transfers
to
27
minors
Act.
The
written
receipt
of
the
custodian
constitutes
28
an
acquittance
of
the
person
making
the
payment
of
money
or
29
delivery
of
property.
30
Sec.
41.
NEW
SECTION
.
633F.41
Standby
petition
for
31
appointment
of
conservator
for
adult.
32
1.
Any
adult
person
of
sound
mind
may
execute
a
verified
33
petition
for
the
appointment
of
a
conservator
of
the
person’s
34
property
upon
the
express
condition
that
such
petition
shall
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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
4
be
established
in
the
manner
directed
in
the
petition.
The
5
petition,
in
addition
to
containing
the
information
required
in
6
section
633F.28,
shall
include
a
statement
in
substantially
the
7
language
of
section
633F.30
that
the
petitioner
understands
the
8
result
of
a
conservator
being
appointed
for
the
petitioner.
9
2.
Such
petition
may
nominate
a
person
for
appointment
to
10
serve
as
such
conservator
as
well
as
alternate
conservators
11
if
the
nominated
person
is
unable
or
unwilling
or
is
removed
12
as
conservator,
and
may
request
that
the
appointment
be
made
13
without
bond,
or
with
bond
of
a
certain
stated
sum.
The
14
court
in
appointing
the
conservator
shall
appoint
the
person
15
or
persons
nominated
by
the
petitioner
unless
the
person
or
16
persons
are
not
qualified
or
for
other
good
cause
and
shall
17
give
due
regard
to
other
requests
and
recommendations
contained
18
in
the
petition.
19
3.
Such
petition
may
be
deposited
with
the
clerk
of
the
20
county
in
which
the
party
resides,
or
with
any
person,
firm,
21
bank,
or
trust
company
nominated
by
the
petitioner.
22
4.
Such
petition
may
be
revoked
by
the
petitioner
at
any
23
time
before
appointment
of
a
conservator
by
the
court,
provided
24
that
the
petitioner
is
of
sound
mind
at
the
time
of
revocation.
25
Revocation
shall
be
accomplished
by
the
destruction
of
26
the
petition
by
the
petitioner,
or
by
the
execution
of
an
27
acknowledged
instrument
of
revocation.
If
the
petition
has
28
been
deposited
with
the
clerk,
the
revocation
may
likewise
be
29
deposited
there.
30
5.
If
the
petition
has
been
deposited
with
the
clerk
under
31
the
provisions
of
subsection
3
and
has
not
been
revoked,
the
32
petition
may
be
filed
with
the
court
upon
the
filing
of
a
33
verified
statement
to
the
effect
that
the
occurrence
of
the
34
event
or
the
condition
provided
for
in
the
petition
has
come
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to
pass.
If
the
petition
has
not
been
deposited
with
the
clerk
1
under
the
provisions
of
subsection
3
and
has
not
been
revoked,
2
then
the
petition
shall
be
filed
with
the
court
at
the
time
3
a
verified
statement
that
the
occurrence
of
the
event
or
the
4
condition
provided
for
in
the
petition
has
come
to
pass
is
5
filed
with
the
court
in
the
county
where
the
petitioner
then
6
resides.
Upon
filing
of
the
petition
and
verified
statement,
7
the
person
who
filed
the
petition
under
subsection
1
shall
8
then
become
the
respondent
and
the
person
filing
the
verified
9
statement
under
this
subsection
shall
become
the
petitioner
10
and
the
proceedings
shall
be
thereafter
conducted
as
provided
11
for
in
sections
633F.29
through
633F.40,
except
as
otherwise
12
provided
for
in
this
section.
13
6.
If
prior
to
the
time
of
hearing
on
a
petition
for
the
14
appointment
of
a
guardian
or
a
conservator,
a
petition
is
filed
15
under
the
provisions
of
section
633F.19,
633F.25,
633F.28,
16
or
subsection
1
of
this
section,
the
court
shall
combine
the
17
hearing
on
such
petitions
and
determine
who
shall
be
appointed
18
guardian
or
conservator,
and
such
petition
shall
be
triable
to
19
the
court.
20
Sec.
42.
NEW
SECTION
.
633F.42
Standby
petition
for
21
appointment
of
conservator
for
a
minor.
22
1.
An
adult
person
having
physical
and
legal
custody
of
23
a
minor
may
execute
a
verified
petition
for
the
appointment
24
of
a
conservator
of
the
minor
upon
the
express
condition
25
that
the
petition
shall
be
acted
upon
by
the
court
only
upon
26
the
occurrence
of
an
event
specified
or
the
existence
of
a
27
described
condition
of
the
mental
or
physical
health
of
the
28
petitioner,
the
occurrence
of
which
event,
or
the
existence
of
29
which
condition,
shall
be
established
in
the
manner
directed
30
in
the
petition.
The
petition,
in
addition
to
containing
31
the
information
required
in
section
633F.28,
shall
include
32
a
statement
that
the
petitioner
understands
the
result
of
a
33
conservator
being
appointed
for
the
minor.
An
appointment
of
a
34
conservator
for
a
minor
shall
only
be
effective
until
the
minor
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attains
full
age.
1
2.
A
standby
petition
may
nominate
a
person
for
appointment
2
to
serve
as
such
conservator
as
well
as
alternate
conservator
3
if
the
nominated
person
is
unable
or
unwilling
or
is
removed
4
as
conservator.
The
court
in
appointing
the
conservator
shall
5
appoint
the
person
or
persons
nominated
by
the
petitioner
6
unless
the
person
or
persons
are
not
qualified
or
for
other
7
good
cause
and
shall
give
due
regard
to
other
requests
and
8
recommendations
contained
in
the
petition.
9
3.
A
standby
petition
may
be
deposited
with
the
clerk
of
the
10
county
in
which
the
minor
resides
or
with
any
person
nominated
11
by
the
petitioner
to
serve
as
guardian.
12
4.
A
standby
petition
may
be
revoked
by
the
petitioner
at
13
any
time
before
appointment
of
a
conservator
by
the
court,
14
provided
that
the
petitioner
is
of
sound
mind
at
the
time
15
of
revocation.
Revocation
shall
be
accomplished
by
the
16
destruction
of
the
petition
by
the
petitioner,
or
by
the
17
execution
of
an
acknowledged
instrument
of
revocation.
If
the
18
petition
has
been
deposited
with
the
clerk,
the
revocation
may
19
likewise
be
deposited
there.
20
5.
If
the
standby
petition
has
been
deposited
with
the
21
clerk
under
the
provisions
of
subsection
3
and
has
not
been
22
revoked
under
the
provisions
of
subsection
4,
the
petition
may
23
be
filed
with
the
court
upon
the
filing
of
a
verified
statement
24
to
the
effect
that
the
occurrence
of
the
event
or
the
condition
25
provided
for
in
the
petition
has
come
to
pass.
If
the
petition
26
has
not
been
deposited
with
the
clerk
under
the
provisions
of
27
subsection
3
and
has
not
been
revoked
under
the
provisions
of
28
subsection
4,
then
the
petition
shall
be
filed
with
the
court
29
at
the
time
a
verified
statement
that
the
occurrence
of
the
30
event
or
the
condition
provided
for
in
the
petition
has
come
to
31
pass
is
filed
with
the
court
in
the
county
where
the
minor
then
32
resides.
Upon
filing
of
the
petition
and
verified
statement,
33
the
minor
shall
then
become
the
respondent
and
the
person
34
filing
the
verified
statement
shall
become
the
petitioner
and
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the
proceedings
shall
be
thereafter
conducted
as
provided
for
1
in
this
chapter.
2
Sec.
43.
NEW
SECTION
.
633F.43
Appointing
conservator
for
3
absentee.
4
1.
When
a
person
owns
property
located
in
this
state,
5
the
person’s
whereabouts
are
unknown,
and
no
provision
for
6
the
care,
control,
and
supervision
of
such
property
has
been
7
made,
with
the
result
that
such
property
may
be
lost,
damaged,
8
or
diminished
in
value,
or
that
the
dependents
of
such
owner
9
are
likely
to
be
deprived
of
means
of
support
because
of
such
10
absence,
any
adult
person
may
file
with
the
clerk
a
petition
11
for
the
appointment
of
a
conservator
of
such
property
of
the
12
absentee.
The
petition
shall
state
the
petitioner’s
name,
13
address,
and
electronic
mail
address,
relationship
to
the
14
absentee,
and
all
of
the
following:
15
a.
The
absentee’s
name,
county
of
residence,
and
last
known
16
address.
17
b.
To
the
extent
known,
the
name,
address,
electronic
mail
18
address,
and
telephone
number
of
the
absentee’s:
19
(1)
Spouse,
if
any.
20
(2)
Adult
children,
or
if
the
absentee
has
none,
the
21
absentee’s
living
parents
and
adult
siblings.
22
(3)
If
there
are
no
persons
in
subparagraphs
(1)
and
(2),
23
then:
24
(a)
Any
adult
with
whom
the
absentee
has
resided
in
a
25
noninstitutional
setting
for
more
than
six
months
immediately
26
prior
to
the
filing
of
the
petition,
if
any.
27
(b)
Any
person
or
institution
primarily
responsible
for
the
28
care
or
having
had
custody
of
the
absentee
within
six
months
29
immediately
prior
to
the
filing
of
the
petition,
if
any.
30
(4)
Any
nominated
or
presently
acting
legal
representative
31
of
the
absentee.
32
(5)
Any
person
nominated
as
conservator
by
the
absentee
and
33
the
document
in
which
the
person
was
nominated.
34
c.
The
name
and
address
of
the
proposed
conservator,
and
the
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reasons
that
the
court
should
accept
the
proposed
conservator.
1
If
the
absentee
has
nominated
a
conservator
other
than
the
2
proposed
conservator,
the
reasons
that
the
proposed
conservator
3
should
be
appointed
in
lieu
of
the
absentee’s
nominee.
4
d.
The
facts
concerning
the
disappearance
of
the
absentee,
5
including
the
reasons
why
the
conservatorship
is
necessary.
6
e.
A
general
description
of
the
property
of
the
absentee
7
within
this
state
and
of
the
absentee’s
right
to
receive
8
property,
the
estimated
value
of
the
absentee’s
real
estate,
9
the
estimated
value
of
the
absentee’s
personal
property,
and
10
the
estimated
gross
annual
income
of
the
property.
If
any
11
money
is
payable,
or
to
become
payable,
to
the
absentee
by
the
12
United
States
through
the
United
States
department
of
veterans
13
affairs,
the
petition
shall
so
state.
14
f.
Except
as
required
by
section
633F.29,
any
persons
15
identified
pursuant
to
paragraph
“b”
of
this
section
are
not
16
entitled
to
notice.
17
2.
Notice
of
the
filing
of
a
petition
under
this
section:
18
a.
Shall
be
served
together
with
notice
of
the
hearing
on
19
the
petition
on
the
absentee
by
publication
in
the
manner
of
20
an
original
notice
and
the
rules
of
civil
procedure
governing
21
original
notices
by
publication
shall
also
govern
such
a
notice
22
as
to
content.
23
b.
Shall
be
mailed
to
the
following
persons,
to
the
extent
24
known
to
the
petitioner:
25
(1)
The
legal
representative
of
the
absentee.
26
(2)
The
spouse
and
adult
children
of
the
absentee.
27
(3)
If
there
are
no
persons
in
subparagraphs
(1)
and
(2),
28
then
to
the
absentee’s
adult
grandchildren.
29
(4)
If
there
are
no
persons
in
subparagraphs
(1)
through
30
(3),
then
to
the
absentee’s
parents
and
adult
siblings.
31
(5)
If
there
are
no
persons
in
subparagraphs
(1)
through
32
(4),
then
to
any
adults
with
whom
the
absentee
has
resided
in
33
the
six-month
period
preceding
the
filing
of
the
petition,
and
34
any
adult
who
has
assisted
the
absentee
with
decision
making
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in
such
period.
1
(6)
If
there
are
no
persons
in
subparagraphs
(1)
through
2
(5),
then
at
least
one
adult
in
the
priority
shown
in
section
3
633.219.
4
c.
Notice
of
any
other
subsequent
hearings
related
to
the
5
petition
hereunder
shall
be
mailed
in
conformity
with
section
6
633.40,
subsection
5.
7
3.
In
the
event
that
the
absentee
does
not
appear
at
the
8
hearing
on
the
petition,
the
court
shall
hear
the
petition
and
9
the
proof
offered.
All
evidence
shall
be
made
part
of
the
10
record
of
the
proceeding.
If
the
allegations
of
the
petition
11
are
proved
by
clear
and
convincing
evidence,
the
court
shall
12
appoint
a
conservator.
13
Sec.
44.
NEW
SECTION
.
633F.44
Appointing
foreign
14
conservator.
15
1.
When
there
is
no
conservatorship
or
pending
application
16
for
a
conservatorship
in
this
state,
the
duly
qualified
foreign
17
conservator
or
guardian
of
a
nonresident
protected
person
may,
18
upon
application,
be
appointed
conservator
of
the
property
of
19
the
protected
person
in
this
state
if
a
resident
conservator
is
20
appointed
to
serve
with
the
foreign
conservator.
However,
for
21
good
cause
shown,
the
court
may
appoint
the
foreign
conservator
22
to
act
alone
without
the
appointment
of
a
resident
conservator.
23
2.
The
application
for
appointment
of
a
foreign
conservator
24
or
guardian
as
conservator
in
this
state
shall
include
the
name
25
and
address
of
the
nonresident
protected
person,
and
of
the
26
nonresident
conservator
or
guardian,
and
the
name
and
address
27
of
the
resident
conservator
to
be
appointed,
if
applicable.
28
The
application
shall
be
accompanied
by
a
certified
copy
of
29
the
original
letters
or
other
authority
conferring
the
power
30
upon
the
foreign
conservator
or
guardian
to
act
as
conservator
31
or
guardian.
The
application
shall
state
the
cause
for
32
the
appointment
of
the
foreign
conservator
to
act
as
sole
33
conservator,
if
applicable.
34
3.
A
foreign
conservator
or
guardian
of
a
nonresident
may
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be
authorized
by
the
court
of
the
county
where
the
protected
1
person
has
personal
property
to
receive
the
personal
property
2
upon
compliance
with
the
provisions
of
subsections
4,
5,
and
6.
3
4.
A
foreign
conservator
or
guardian
shall
file
in
the
4
office
of
the
clerk
in
the
county
where
the
property
is
5
situated
a
certified
copy
of
the
conservator’s
or
guardian’s
6
official
bond,
if
any,
duly
authenticated
by
the
court
granting
7
the
letters.
The
foreign
conservator
or
guardian
shall
also
8
execute
a
receipt
for
the
property
received
by
the
conservator
9
or
guardian.
10
5.
Upon
the
filing
of
the
bond
as
provided
in
subsection
11
4,
if
the
court
determines
that
the
amount
of
the
bond
is
12
sufficient
security,
the
court
shall
order
the
personal
13
property
of
the
protected
person
delivered
to
the
foreign
14
conservator
or
guardian.
15
6.
The
clerk
shall
record
the
bonds
and
the
receipt,
16
and
notify
by
mail
the
court
which
granted
the
letters
of
17
conservatorship
or
guardianship
of
the
amount
of
property
18
delivered
to
the
fiduciary
and
the
date
of
delivery.
19
Sec.
45.
NEW
SECTION
.
633F.45
Disposition
of
protected
20
person’s
will.
21
1.
When
a
conservator
receives
an
instrument
purporting
22
to
be
the
will
of
the
protected
person,
the
conservator
shall
23
immediately
deliver
the
instrument
to
the
court.
24
2.
Upon
receiving
an
instrument
purporting
to
be
the
25
will
of
a
living
protected
person
under
this
section,
the
26
court
may
open
and
read
the
instrument.
The
court,
with
or
27
without
notice,
may
enter
orders
in
the
conservatorship
as
the
28
court
deems
advisable
for
the
proper
administration
of
the
29
conservatorship
in
light
of
the
expressed
testamentary
intent
30
of
the
protected
person.
31
3.
An
instrument
purporting
to
be
the
will
of
a
protected
32
person
that
the
court
receives
under
this
section
shall
then
be
33
resealed
by
the
court
and
deposited
with
the
clerk
to
be
held
34
by
the
clerk
as
provided
in
sections
633.286
through
633.289.
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Sec.
46.
NEW
SECTION
.
633F.46
Claims
against
protected
1
person
or
conservator.
2
1.
Claims
accruing
before
or
after
the
appointment
of
3
the
conservator,
and
whether
arising
in
contract
or
tort
or
4
otherwise,
after
being
allowed
or
established
as
provided
in
5
subsections
3
through
5,
shall
be
paid
by
the
conservator
from
6
the
assets
of
the
conservatorship.
7
2.
The
provision
of
medical
care
or
services
to
a
protected
8
person
who
is
a
recipient
of
medical
assistance
under
chapter
9
249A
creates
a
claim
for
the
amount
owed
to
the
provider
under
10
the
medical
assistance
program
for
the
care
or
services.
The
11
amount
of
the
claim,
after
being
allowed
or
established
as
12
provided
in
this
subchapter,
shall
be
paid
by
the
conservator
13
from
the
assets
of
the
conservatorship.
14
3.
A
claim
shall
not
be
allowed
against
a
protected
person’s
15
conservatorship
unless
the
claim
is
in
writing,
filed
with
the
16
clerk,
states
the
claimant’s
name
and
address,
and
describes
17
the
nature
and
the
amount
of
the
claim,
if
ascertainable.
The
18
claim
shall
be
accompanied
by
the
affidavit
of
the
claimant,
19
or
of
someone
for
the
claimant,
that
the
amount
is
justly
due,
20
or
if
not
due,
when
the
amount
will
or
may
become
due,
that
no
21
payments
have
been
made
on
the
amount
which
are
not
credited,
22
and
that
there
are
no
offsets
against
the
amount,
to
the
23
knowledge
of
the
affiant,
except
as
stated
in
the
claim.
Valid
24
contract
claims
arising
in
the
ordinary
course
of
the
conduct
25
of
the
business
or
affairs
of
the
protected
person
by
the
26
conservator
may
be
paid
by
the
conservator
without
requiring
27
affidavit
or
filing.
28
4.
If
a
claim
is
founded
upon
a
written
instrument,
the
29
original
or
a
copy
of
the
instrument,
with
all
endorsements,
30
must
be
attached
to
the
claim.
The
original
instrument
must
be
31
shown
to
the
conservator
or
to
the
court,
upon
demand,
unless
32
the
original
instrument
has
been
lost
or
destroyed,
in
which
33
case,
the
original
instrument’s
loss
or
destruction
must
be
34
stated
in
the
claim.
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5.
All
claims
filed
against
a
protected
person’s
1
conservatorship
shall
be
titled
in
the
name
of
the
claimant
2
against
the
conservator
as
conservator,
naming
the
conservator,
3
and
in
all
further
proceedings
on
the
claim,
this
title
shall
4
be
preserved.
5
6.
The
filing
of
a
claim
in
the
conservatorship
tolls
the
6
statute
of
limitations
applicable
to
the
claim.
7
7.
No
claimant
shall
have
the
right
to
compel
payment
until
8
the
claimant’s
claim
has
been
duly
filed
and
allowed.
9
8.
When
a
claim
has
been
filed
and
has
been
admitted
in
10
writing
by
the
conservator,
the
claim
shall
be
deemed
allowed,
11
in
the
absence
of
fraud
or
collusion.
12
9.
Execution
shall
not
issue
upon,
and
levy
shall
not
13
be
made
against,
any
property
of
the
protected
person’s
14
conservatorship
under
any
judgment
against
the
protected
15
person
or
the
protected
person’s
conservator,
but
this
16
section
shall
not
be
construed
to
prevent
the
enforcement
of
a
17
mortgage,
pledge,
or
other
lien
upon
property
in
an
appropriate
18
proceeding.
19
10.
If
the
conservator
is
a
creditor
of
the
protected
20
person,
the
conservator
shall
file
the
claim
as
other
21
creditors,
and
the
court
shall
appoint
a
temporary
conservator
22
to
protect
the
conservatorship
estate
at
the
hearing
on
the
23
conservator’s
claim.
The
same
procedure
shall
be
followed
in
24
the
case
of
co-conservators
where
all
such
conservators
are
25
creditors
of
the
protected
person.
However,
if
one
of
the
26
co-conservators
is
not
a
creditor
of
the
protected
person,
the
27
disinterested
conservator
shall
protect
the
conservatorship
28
estate
at
the
hearing
on
the
co-conservator’s
claim.
29
11.
The
court
may
determine
whether
or
not
the
applicable
30
statute
of
limitation
shall
be
invoked
to
bar
a
claim
which
the
31
conservator
recommends
be
allowed.
32
12.
This
section
shall
not
affect
or
prevent
an
action
or
33
proceeding
to
enforce
any
mortgage,
pledge,
or
other
lien
upon
34
the
property
of
the
protected
person.
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13.
a.
Any
action
pending
against
the
protected
person
at
1
the
time
the
conservator
is
appointed
shall
also
be
considered
2
a
claim
filed
in
the
conservatorship
if
notice
of
substitution
3
is
served
on
the
conservator
as
defendant,
and
proof
of
service
4
of
notice
of
such
proceeding
is
filed
in
the
conservatorship
5
proceeding.
6
b.
A
separate
action
based
on
a
debt
or
other
liability
7
of
the
protected
person
may
be
commenced
against
the
8
conservator
as
conservator
in
lieu
of
filing
a
claim
in
the
9
conservatorship.
Such
an
action
shall
be
commenced
by
serving
10
an
original
notice
on
the
conservator
and
filing
proof
of
11
service
of
notice
of
such
proceeding
in
the
conservatorship
12
proceeding.
Such
an
action
shall
also
be
considered
a
claim
13
filed
in
the
conservatorship.
Such
an
action
may
be
commenced
14
only
in
a
county
where
the
venue
would
have
been
proper
if
15
there
were
no
conservatorship
and
the
action
had
been
commenced
16
against
the
protected
person.
17
14.
The
provisions
of
sections
633.438
to
633.448
shall
18
be
applicable
to
the
denial
and
contest
of
claims
against
19
conservatorships,
but
shall
not
be
applicable
to
actions
20
continued
or
commenced
under
this
section.
21
15.
When
it
appears
that
the
assets
in
a
conservatorship
22
are
insufficient
to
pay
in
full
all
the
claims
against
the
23
conservatorship,
the
conservator
shall
report
such
matter
to
24
the
court,
and
the
court
shall,
upon
hearing,
with
notice
to
25
all
persons
who
have
filed
claims
in
the
conservatorship,
make
26
an
order
for
the
pro
rata
payment
of
claims
giving
claimants
27
the
same
priority
as
in
section
633.425.
28
Sec.
47.
NEW
SECTION
.
633F.47
Professional
evaluation.
29
1.
For
purposes
of
this
section:
30
a.
“Professional
evaluation”
means
an
evaluation
by
31
a
licensed
or
certified
person
qualified
to
evaluate
32
a
respondent’s
cognitive
and
functional
abilities
and
33
limitations.
34
b.
“Respondent”
includes,
when
appropriate,
a
protected
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person.
1
2.
A
petitioner
or
respondent
may
submit
a
professional
2
evaluation
in
a
matter
concerning
the
granting,
modifying,
3
or
terminating
a
guardianship
or
conservatorship
for
the
4
respondent.
5
3.
a.
At
or
before
a
hearing
on
a
petition
for
the
6
appointment
of
a
guardian
or
conservator
or
the
modification
7
or
termination
of
a
guardianship
or
conservatorship,
the
court
8
shall
order
a
professional
evaluation
of
the
respondent
unless
9
one
of
the
following
criteria
are
met:
10
(1)
The
court
finds
it
has
sufficient
information
11
to
determine
whether
the
criteria
for
a
guardianship
or
12
conservatorship
are
met.
13
(2)
The
petitioner
or
respondent
has
filed
a
professional
14
evaluation.
15
b.
If
the
respondent
has
filed
a
professional
evaluation
and
16
the
court
determines
an
additional
professional
evaluation
will
17
assist
the
court
in
understanding
the
decision-making
capacity
18
and
functional
abilities
and
limitations
of
the
respondent,
the
19
court
may
order
a
professional
evaluation
of
the
respondent.
20
4.
If
the
court
orders
an
evaluation,
the
respondent
must
be
21
examined
by
a
licensed
or
certified
person,
appointed
by
the
22
court,
who
is
qualified
to
evaluate
the
respondent’s
cognitive
23
and
functional
abilities
and
limitations.
24
5.
The
court
shall
not
appoint
an
individual
to
conduct
the
25
examination
if
the
individual
has
a
conflict
of
interest.
26
6.
The
individual
conducting
the
evaluation
shall
promptly
27
file
a
written
report
with
the
court
and,
if
so
ordered,
shall
28
attend
a
court
hearing
and
be
available
for
cross-examination.
29
7.
Unless
otherwise
directed
by
the
court,
the
report
must
30
contain
all
of
the
following:
31
a.
A
description
of
the
nature,
type,
and
extent
of
32
the
respondent’s
cognitive
and
functional
abilities
and
33
limitations.
34
b.
An
evaluation
of
the
respondent’s
mental
and
physical
35
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condition
and,
if
appropriate,
educational
potential,
adaptive
1
behavior,
and
social
skills.
2
c.
A
prognosis
for
improvement
and
recommendation
for
the
3
appropriate
treatment,
support,
or
habilitation
plan.
4
d.
The
evaluator’s
qualifications
to
evaluate
the
5
respondent’s
cognitive
and
functional
abilities
limitations
and
6
lack
of
conflict
of
interest.
7
e.
The
date
of
the
examination
on
which
the
report
is
based.
8
8.
The
cost
of
the
professional
evaluation
shall
be
paid
9
by
the
respondent
unless
the
respondent
is
indigent
under
the
10
provisions
of
section
633.561,
in
which
case
the
costs
shall
11
be
paid
by
the
county
in
which
the
proceedings
are
pending,
or
12
unless
the
court
otherwise
orders.
13
9.
The
court
may
order
the
production
of
any
existing
14
professional
evaluation
that
is
relevant
to
the
determination
15
of
whether
a
guardian
or
a
conservator
should
be
appointed,
as
16
well
as
whether
a
guardianship
or
conservatorship
should
be
17
modified
or
terminated.
18
10.
In
a
proceeding
to
establish
a
guardianship
or
19
conservatorship,
any
professional
evaluation
provided
in
the
20
proceeding,
whether
voluntarily
or
pursuant
to
a
court
order,
21
shall
be
confidential
and
shall
be
sealed
and
available
to
only
22
the
court,
the
respondent,
the
petitioner,
the
respondent’s
23
attorney,
the
petitioner’s
attorney
for
purposes
of
the
24
proceeding,
a
court
advisor,
and
other
persons
the
court
orders
25
for
good
cause
and
limited
for
the
purposes
set
out
in
the
26
court’s
order.
27
11.
In
a
proceeding
to
modify
or
terminate
a
guardianship
28
or
conservatorship,
the
court
upon
good
cause
shown
and
for
29
such
purposes
as
the
court
orders
may
grant
access
to
any
30
professional
evaluation
that
was
sealed
in
a
proceeding
to
31
establish
the
guardianship
or
conservatorship.
32
Sec.
48.
NEW
SECTION
.
633F.48
Appointment
and
role
of
court
33
advisor.
34
1.
The
court
may
appoint
any
qualified
person
as
a
court
35
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advisor
in
a
guardianship
or
conservatorship
proceeding.
The
1
role
of
the
court
advisor
is
to
gather
and
report
factual
2
information
that
will
assist
the
court
in
making
custody,
3
visitation,
or
other
decisions
related
to
the
welfare
of
the
4
respondent.
Unless
the
appointing
judge
specifies
otherwise,
5
the
court
advisor
role
is
limited
to
gathering
and
reporting
6
information
to
the
court.
The
court
advisor
may
include
7
recommendations
in
the
report
in
subsection
6
only
if
the
8
court’s
appointment
order
authorizes
inclusion
of
such
9
recommendations.
10
2.
The
court
shall
not
appoint
a
guardian
ad
litem
in
a
11
guardianship
or
conservatorship
proceeding.
12
3.
The
same
person
shall
not
serve
both
as
the
attorney
13
representing
the
respondent
and
as
court
advisor.
14
4.
Unless
otherwise
enlarged
or
circumscribed
by
the
court,
15
the
court
advisor
shall
do
all
of
the
following:
16
a.
Conduct
an
initial
in-person
interview
with
the
17
respondent.
18
b.
Discuss
with
the
respondent
the
substance
of
the
19
petition,
the
purpose
and
effect
of
the
proceeding,
the
rights
20
of
the
respondent
at
the
hearing,
and
the
general
powers
and
21
duties
of
a
guardian
or
conservator.
22
c.
Determine
the
views
of
the
respondent
regarding
the
23
proposed
guardian
or
conservator,
the
proposed
guardian’s
or
24
conservator’s
powers
and
duties,
and
the
scope
and
duration
of
25
the
proposed
guardianship
or
conservatorship.
26
5.
In
addition,
if
directed
by
the
court,
the
court
advisor
27
shall
do
the
following:
28
a.
Interview
the
petitioner
and
an
appointed
or
proposed
29
guardian
or
conservator.
30
b.
Visit,
to
the
extent
feasible,
the
residence
where
it
31
is
reasonably
believed
that
the
respondent
will
live
if
the
32
appointment
of
a
guardian
or
conservator
is
made.
33
c.
Make
any
other
investigation
the
court
directs
including
34
but
not
limited
to
interviewing
any
persons
providing
medical,
35
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mental
health,
educational,
social,
and
other
services
to
the
1
respondent.
2
d.
Determining
the
financial
resources
available
to
the
3
respondent.
4
6.
The
court
advisor
shall
submit
a
written
report
to
the
5
court
that
shall
contain
all
of
the
following:
6
a.
A
recommendation
regarding
the
appropriateness
of
a
7
limited
guardianship
or
conservatorship
for
the
respondent,
8
including
whether
less
restrictive
alternatives
are
available.
9
b.
A
statement
of
the
qualifications
of
the
proposed
10
guardian
or
conservator
together
with
a
statement
of
whether
11
the
respondent
has
expressed
agreement
with
the
appointment
of
12
the
proposed
guardian
or
conservator.
13
c.
Any
other
matters
the
court
advisor
deems
relevant
to
14
the
petition
for
guardianship
or
conservatorship
and
the
best
15
interests
of
the
respondent.
16
d.
Any
other
matters
the
court
directs.
17
7.
The
report
of
the
court
advisor
shall
be
made
part
of
the
18
court
record
unless
otherwise
ordered
by
the
court.
19
Sec.
49.
NEW
SECTION
.
633F.49
Attorneys
for
minor
and
adult
20
respondents
and
protected
persons
in
conservatorships
and
for
21
adult
respondents
and
protected
persons
in
guardianships.
22
1.
Upon
the
filing
of
a
petition
to
appoint
or
remove
a
23
guardian
for
an
adult
or
conservator
for
a
minor
or
adult,
the
24
court
shall
appoint
an
attorney
to
represent
the
respondent,
25
provided
that
the
respondent
is
not
the
petitioner.
The
court
26
shall
set
a
hearing
on
the
petition
and
provide
for
notice
of
27
the
appointment
of
counsel
and
the
date
of
hearing.
28
a.
The
court
may
reconsider
the
determination
regarding
29
representation
by
an
attorney
upon
application
by
any
30
interested
person.
31
b.
The
court
may
discharge
an
attorney
appointed
by
the
32
court
if
the
respondent
has
privately
retained
an
attorney
who
33
has
filed
an
appearance
on
behalf
of
the
respondent.
34
2.
An
attorney
representing
a
respondent
or
protected
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person
shall,
to
the
extent
feasible:
1
a.
Ensure
that
the
respondent
or
protected
person
has
been
2
properly
advised
of
the
nature
and
purpose
of
the
proceeding.
3
b.
Ensure
that
the
respondent
or
protected
person
has
been
4
advised
of
the
respondent’s
or
protected
person’s
rights
in
the
5
proceeding.
6
c.
Personally
interview
the
respondent.
7
d.
Advocate
for
the
respondent’s
or
protected
person’s
8
position
to
the
extent
that
the
position
is
reasonably
9
ascertainable.
If
the
respondent’s
or
protected
person’s
10
position
is
not
reasonably
ascertainable,
the
attorney
shall
11
advocate
for
the
result
that
is
the
least
restrictive
option
in
12
type,
duration,
and
scope,
consistent
with
the
respondent’s
or
13
protected
person’s
interests.
14
e.
Represent
the
respondent
or
protected
person.
15
f.
Ensure
that
guardianship
and
conservatorship
procedures
16
conform
to
the
statutory
and
due
process
requirements
under
17
law.
18
g.
File
a
written
report
stating
whether
there
is
evidence
19
on
file
showing
that
proper
service
on
the
respondent
has
been
20
made
and
also
stating
that
specific
compliance
with
paragraphs
21
“a”
,
“b”
,
and
“c”
has
been
made
or
stating
the
inability
to
22
comply
by
reason
of
the
respondent’s
condition.
23
3.
If
the
court
determines,
on
application,
that
it
is
24
appropriate
or
necessary,
the
court
may
order
that
the
attorney
25
representing
the
respondent
or
protected
person
be
given
copies
26
of
and
access
to
the
respondent’s
or
protected
person’s
health
27
information.
Such
an
order
must
describe,
with
reasonable
28
specificity,
the
health
information
to
be
disclosed
or
accessed
29
for
purposes
of
fulfilling
the
attorney’s
responsibilities
30
pursuant
to
this
section.
31
4.
If
an
order
appointing
a
guardian
or
conservator
32
is
entered,
the
respondent’s
attorney
shall
do
all
of
the
33
following:
34
a.
Inform
the
respondent
of
the
effects
of
the
order.
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b.
Advise
the
respondent
of
the
respondent’s
rights
to
1
petition
for
modification
or
termination
of
the
guardianship
2
or
conservatorship.
3
c.
Advise
the
respondent
of
the
rights
retained
by
the
4
respondent.
5
5.
Following
the
appointment
of
a
guardian
or
conservator,
6
if
the
court
determines
that
it
would
be
in
the
protected
7
person’s
best
interest
to
be
represented
by
an
attorney
8
with
respect
to
any
further
proceedings
in
a
guardianship
or
9
conservatorship,
the
court
may
appoint
an
attorney
to
represent
10
the
protected
person
at
the
protected
person’s
expense
or
at
11
the
county’s
expense
for
indigents
as
provided
in
subsection
6.
12
6.
The
cost
of
court-appointed
attorneys
for
indigents
13
shall
be
assessed
against
the
county
in
which
the
proceedings
14
are
pending.
For
purposes
of
this
section,
the
court
shall
15
find
a
person
indigent
if
the
person’s
income
and
resources
do
16
not
exceed
one
hundred
fifty
percent
of
the
federal
poverty
17
level
or
the
person
would
be
unable
to
pay
such
costs
without
18
prejudicing
the
person’s
financial
ability
to
provide
economic
19
necessities
for
the
respondent
or
the
respondent’s
dependents.
20
Sec.
50.
NEW
SECTION
.
633F.50
Mediation.
21
1.
The
district
court
may,
on
its
own
motion
or
on
the
22
motion
of
any
party,
order
the
parties
to
participate
in
23
mediation
in
any
guardianship
or
conservatorship
action.
24
Mediation
performed
under
this
section
shall
comply
with
the
25
provisions
of
chapter
679C.
The
court
shall,
upon
application
26
of
a
party,
grant
a
waiver
from
any
court-ordered
mediation
27
under
this
section
if
the
party
demonstrates
that
a
history
28
of
domestic
abuse
exists
similarly
as
considered
in
section
29
598.41,
subsection
3,
paragraph
“j”.
The
court
may,
upon
30
application
of
a
party,
grant
a
waiver
from
any
court-ordered
31
mediation
if
the
action
involves
elder
abuse
pursuant
to
32
chapter
235F.
33
2.
Mediation
shall
comply
with
all
of
the
following
34
standards:
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a.
The
parties
will
participate
in
good
faith.
1
Participation
in
mediation
shall
include
attendance
at
2
a
mediation
session
with
the
mediator
and
the
parties
to
3
the
action,
listening
to
the
mediator’s
explanation
of
the
4
mediation
process,
presentation
of
one
party’s
view
of
the
5
case,
and
listening
to
the
response
of
the
other
party.
6
Participation
in
mediation
does
not
require
that
the
parties
7
reach
an
agreement.
8
b.
Unless
the
parties
agree
upon
a
mediator,
the
court
shall
9
appoint
a
mediator.
Any
mediator
appointed
by
the
court
shall
10
meet
the
qualifications
established
in
this
section.
11
c.
Parties
to
the
mediation
shall
have
the
right
to
12
representation
by
an
attorney
at
all
times.
13
d.
The
parties
to
the
mediation
shall
present
any
agreement
14
reached
through
the
mediation
to
their
attorneys,
if
any.
15
A
mediation
agreement
reached
by
the
parties
shall
not
be
16
enforceable
until
approved
by
the
court.
17
e.
The
costs
of
mediation
shall
be
borne
by
the
parties,
as
18
agreed
to
by
the
parties,
or
as
ordered
by
the
court,
and
may
19
be
taxed
as
court
costs.
20
3.
A
mediator
appointed
by
the
court
acting
pursuant
to
this
21
section
shall
have
the
following
qualifications:
22
a.
Completed
a
one-hour
internet
seminar
or
live
session
23
regarding
the
external
resources
available
to
a
respondent
with
24
particular
focus
on
resources
for
older
persons.
25
b.
A
minimum
of
twenty-five
hours
of
general
mediation
26
training.
27
c.
Either
of
the
following:
28
(1)
Fifteen
hours
of
probate-specific
or
elder-specific
29
mediation
training.
30
(2)
Ten
continuous
years
of
practice
in
Iowa
as
a
licensed
31
attorney
with
the
greater
of
four
hundred
hours
or
forty
32
percent
of
the
total
hours
of
law
practice
per
year
being
33
devoted
to
matters
concerning
wills,
trusts,
and
estate
work
34
for
each
of
the
ten
continuous
years.
For
mediations
involving
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guardianship
of
juveniles,
the
mediator
shall
also
be
currently
1
qualified
as
a
family
law
mediator
and
have
completed
a
2
one-hour
live
session
concerning
guardianship
procedures.
3
Sec.
51.
NEW
SECTION
.
633F.51
Presumption
regarding
4
testamentary
capacity.
5
The
appointment
of
a
guardian
or
conservator
does
not
create
6
a
presumption
that
the
protected
person
lacks
testamentary
7
capacity.
8
Sec.
52.
NEW
SECTION
.
633F.52
Reports
by
guardians.
9
1.
A
guardian
appointed
under
this
chapter
shall
file
with
10
the
court
the
following
written
verified
reports,
which
the
11
court
shall
not
waive:
12
a.
An
initial
care
plan
within
sixty
days
of
the
guardian’s
13
appointment.
The
initial
care
plan
must
include
all
of
the
14
following:
15
(1)
The
protected
person’s
current
residence
and
the
16
guardian’s
plan
for
the
protected
person’s
living
arrangements.
17
(2)
The
guardian’s
plan
for
payment
of
the
protected
18
person’s
living
expenses
and
other
expenses.
19
(3)
The
protected
person’s
health
status
and
the
guardian’s
20
plan
for
meeting
the
protected
person’s
health
needs.
21
(4)
The
protected
person’s
educational,
training,
and
22
vocational
needs
and
the
guardian’s
plan
for
meeting
the
23
protected
person’s
educational
needs.
24
(5)
The
guardian’s
plan
for
facilitating
contacts
of
the
25
protected
person
with
the
family
members
of
the
protected
26
person.
27
(6)
The
guardian’s
plan
for
contact
with
and
activities
on
28
behalf
of
the
protected
person.
29
b.
An
annual
report,
within
sixty
days
of
the
close
of
30
the
reporting
period,
unless
the
court
otherwise
orders
an
31
extension
for
good
cause
shown
in
accordance
with
rules
of
32
probate
procedure.
33
c.
A
final
report
within
thirty
days
of
the
termination
of
34
the
guardianship
unless
that
time
is
extended
by
the
court.
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2.
Annual
reports
and
the
final
report
shall
include
all
of
1
the
following:
2
a.
The
current
mental
and
physical
condition
of
the
3
protected
person.
4
b.
The
present
living
arrangement
of
the
protected
person,
5
including
a
description
of
each
residence
where
the
protected
6
person
has
resided
during
the
reporting
period.
7
c.
A
summary
of
the
medical,
educational,
vocational,
and
8
technical,
and
other
professional
services
provided
for
the
9
protected
person.
10
d.
A
description
of
the
guardian’s
visits
with
and
11
activities
on
behalf
of
the
protected
person.
12
e.
Any
changes
in
the
care
plan.
13
f.
A
recommendation
as
to
the
need
for
continued
14
guardianship.
15
g.
When
the
guardianship
is
for
a
minor
protected
person:
16
(1)
The
nature
and
extent
of
parental
visits
and
17
communication
with
the
minor.
18
(2)
The
ability
of
the
guardian
to
continue
as
guardian
and
19
arranging
for
the
provision
of
care
for
the
minor
protected
20
person.
21
h.
Other
information
requested
by
the
court
or
useful
in
the
22
opinion
of
the
guardian.
23
3.
In
accordance
with
the
requirements
of
subsections
1
and
24
2,
the
court
shall
provide
simplified
uniform
reporting
forms
25
for
use
in
filing
the
required
reports.
26
4.
The
clerk
of
the
court
shall
notify
the
guardian
in
27
writing
of
the
reporting
requirements
and
shall
provide
28
information
and
assistance
to
the
guardian
in
filing
the
29
reports.
30
5.
Reports
of
guardians
shall
be
submitted
to
the
court
for
31
approval.
32
6.
Reports
required
by
this
section
shall
be
served
on
the
33
attorney
representing
the
respondent
or
the
protected
person
34
and,
if
requested,
all
other
parties
who
have
filed
appearances
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in
the
proceeding.
1
Sec.
53.
NEW
SECTION
.
633F.53
Reports
by
conservators.
2
1.
A
conservator
shall
file
an
initial
plan
for
protecting,
3
managing,
investing,
expending,
and
distributing
the
assets
4
of
the
conservatorship
estate
within
ninety
days
after
5
appointment.
The
plan
must
be
based
on
the
needs
of
the
6
protected
person
and
take
into
account
the
best
interest
of
the
7
protected
person
as
well
as
the
protected
person’s
preference,
8
values,
and
prior
directions
to
the
extent
known
to,
or
9
reasonably
ascertainable
by,
the
conservator.
10
a.
The
initial
plan
shall
include
all
of
the
following:
11
(1)
A
budget
containing
projected
expenses
and
resources,
12
including
an
estimate
of
the
total
amount
of
fees
the
13
conservator
anticipates
charging
per
year
and
a
statement
or
14
list
of
the
amount
the
conservator
proposes
to
charge
for
each
15
service
the
conservator
anticipates
providing
to
the
protected
16
person.
17
(2)
A
statement
as
to
how
the
conservator
will
involve
18
the
protected
person
in
decisions
about
management
of
the
19
conservatorship
estate.
20
(3)
If
ordered
by
the
court,
any
step
the
conservator
plans
21
to
take
to
develop
or
restore
the
ability
of
the
protected
22
person
to
manage
the
conservatorship
estate.
23
(4)
An
estimate
of
the
duration
of
the
conservatorship.
24
b.
Within
two
days
after
filing
the
initial
plan,
the
25
conservator
shall
give
notice
of
the
filing
of
the
initial
plan
26
with
a
copy
of
the
plan
to
the
protected
person,
the
protected
27
person’s
attorney
and
court
advisor,
if
any,
and
others
as
28
directed
by
the
court.
The
notice
must
state
that
any
person
29
entitled
to
a
copy
of
the
plan
must
file
any
objections
to
the
30
plan
not
later
than
fifteen
days
after
it
is
filed.
31
c.
At
least
twenty
days
after
the
plan
has
been
filed,
the
32
court
shall
review
and
determine
whether
the
plan
should
be
33
approved
or
revised,
after
considering
objections
filed
and
34
whether
the
plan
is
consistent
with
the
conservator’s
powers
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and
duties.
1
d.
After
approval
by
the
court,
the
conservator
shall
2
provide
a
copy
of
the
approved
plan
and
order
approving
the
3
plan
to
the
protected
person,
the
protected
person’s
attorney
4
and
court
advisor,
if
any,
and
others
as
directed
by
the
court.
5
e.
The
conservator
shall
file
an
amended
plan
when
there
has
6
been
a
significant
change
in
circumstances
or
the
conservator
7
seeks
to
deviate
significantly
from
the
plan.
Before
the
8
amended
plan
is
implemented,
the
provisions
for
court
approval
9
of
the
plan
shall
be
followed
as
provided
in
paragraphs
“b”
,
10
“c”
,
and
“d”
.
11
2.
A
conservator
shall
file
an
inventory
of
the
protected
12
person’s
assets
within
ninety
days
after
appointment
which
13
includes
an
oath
or
affirmation
that
the
inventory
is
believed
14
to
be
complete
and
accurate
as
far
as
information
permits.
15
Copies
of
the
inventory
shall
be
provided
to
the
protected
16
person,
the
protected
person’s
attorney
and
court
advisor
17
(if
any),
and
others
as
directed
by
the
court.
When
the
18
conservator
receives
additional
property
of
the
protected
19
person,
or
becomes
aware
of
its
existence,
a
description
of
the
20
property
shall
be
included
in
the
conservator’s
next
annual
21
report.
22
3.
A
conservator
shall
file
a
written
and
verified
report
23
for
the
period
since
the
end
of
the
preceding
report
period.
24
The
court
shall
not
waive
these
reports.
25
a.
These
reports
shall
include
all
of
the
following:
26
(1)
Balance
of
funds
on
hand
at
the
beginning
and
end
of
the
27
period.
28
(2)
Disbursements
made.
29
(3)
Changes
in
the
conservator’s
plan.
30
(4)
List
of
assets
as
of
the
end
of
the
period.
31
(5)
Bond
amount
and
surety’s
name.
32
(6)
Residence
and
physical
location
of
the
protected
33
person.
34
(7)
General
physical
and
mental
condition
of
the
protected
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person.
1
(8)
Other
information
reflecting
the
condition
of
the
2
conservatorship
estate.
3
b.
These
reports
shall
be
filed:
4
(1)
On
an
annual
basis
within
sixty
days
of
the
end
of
the
5
reporting
period
unless
the
court
orders
an
extension
for
good
6
cause
shown
in
accordance
with
the
rules
of
probate
procedure.
7
(2)
Within
thirty
days
following
removal
of
the
8
conservator.
9
(3)
Upon
the
conservator’s
filing
of
a
resignation
and
10
before
the
resignation
is
accepted
by
the
court.
11
(4)
Within
sixty
days
following
the
termination
of
the
12
conservatorship.
13
(5)
At
other
times
as
ordered
by
the
court.
14
c.
Reports
required
by
this
section
shall
be
served
on
the
15
protected
person’s
attorney
and
court
advisor,
if
any,
and
the
16
veterans
administration
if
the
protected
person
is
receiving
17
veterans
benefits.
18
Sec.
54.
NEW
SECTION
.
633F.54
Removal
of
guardian
and
19
conservator.
20
1.
The
court
may
conduct
a
hearing
to
determine
whether
the
21
removal
of
a
guardian
or
conservator
is
appropriate
upon
any
22
of
the
following:
23
a.
The
filing
of
a
petition
by
a
protected
person,
a
24
guardian,
a
conservator,
or
other
person
with
an
interest
in
25
the
welfare
of
such
a
person.
26
b.
The
receipt
of
a
written
communication
from
a
protected
27
person,
a
guardian,
a
conservator,
or
other
person
with
an
28
interest
in
the
welfare
of
such
a
person,
indicating
that
29
removal
may
be
appropriate.
30
c.
The
court’s
determination
that
such
a
hearing
would
be
in
31
the
best
interest
of
a
protected
person.
32
2.
A
person
who
is
not
the
guardian,
conservator,
or
33
protected
person
may
request
permission
to
participate
in
such
34
hearing.
The
court
may
grant
the
request,
with
or
without
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hearing,
on
determining
that
the
person’s
participation
is
1
in
the
best
interest
of
the
protected
person.
The
court
may
2
impose
appropriate
limitations
on
the
person’s
participation.
3
3.
Following
a
hearing,
the
court
may
remove
a
guardian
4
and
conservator
for
failure
to
perform
the
guardian
or
5
conservator’s
duties
or
for
other
good
cause,
and
appoint
a
6
successor
guardian
or
conservator
to
assume
the
duties
of
the
7
guardian
or
conservator,
if
needed
under
the
circumstances.
8
4.
The
court
may
decline
to
hold
a
hearing
under
subsection
9
1
if
the
same
or
substantially
similar
facts
were
alleged
in
a
10
petition
or
written
communication
filed
in
the
preceding
six
11
months.
12
Sec.
55.
NEW
SECTION
.
633F.55
Termination
and
modification
13
of
guardianships
and
conservatorships.
14
1.
Guardianships
and
conservatorships
shall
terminate
upon
15
the
occurrence
of
any
of
the
following
circumstances:
16
a.
Death
of
the
protected
person.
17
b.
A
finding
by
the
court
that
the
basis
for
appointment
no
18
longer
exists.
19
c.
A
determination
by
the
court
that
the
guardianship
or
20
conservatorship
is
no
longer
necessary
for
any
other
reason.
21
2.
A
protected
person,
a
guardian,
a
conservator,
or
a
22
person
interested
in
the
welfare
of
the
protected
person
may
23
petition
for
or
request
one
of
the
following:
24
a.
Termination
of
the
guardianship
or
conservatorship
25
because
the
basis
for
appointment
no
longer
exists.
26
b.
Modification
of
the
guardianship
or
conservatorship
27
because
the
extent
of
protection
or
assistance
granted
is
no
28
longer
appropriate.
29
3.
The
court
shall
conduct
a
hearing
to
determine
30
whether
termination
or
modification
of
a
guardianship
or
31
conservatorship
is
appropriate
upon
the
filing
of
a
petition
32
under
subsection
2
that
contains
allegations
that,
if
33
true,
would
support
a
reasonable
belief
that
termination
or
34
modification
of
the
guardianship
or
conservatorship
may
be
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appropriate.
The
court
may
also
conduct
a
hearing
upon
any
of
1
the
following:
2
a.
The
receipt
of
written
communication
from
a
protected
3
person,
a
guardian,
a
conservator,
or
other
person
interested
4
in
the
welfare
of
the
protected
person
indicating
that
5
termination
or
modification
may
be
appropriate.
6
b.
The
court’s
determination
that
such
a
hearing
would
be
in
7
the
best
interest
of
a
protected
person.
8
c.
A
report
from
a
guardian
or
conservator.
9
4.
A
person
seeking
termination
or
modification
has
the
10
burden
of
making
a
prima
facie
showing
that
the
guardianship
11
or
conservatorship
should
be
terminated
or
modified.
If
such
12
a
showing
is
made,
the
guardian,
the
conservator,
or
other
13
person
resisting
termination
or
modification
has
the
burden
to
14
prove
by
clear
and
convincing
evidence
that
the
guardianship
or
15
conservatorship
should
not
be
terminated
or
modified.
16
5.
The
court
shall
modify
the
powers
granted
to
the
17
guardian
or
conservator
if
the
court
finds
that
the
powers
are
18
either
more
than
needed
or
less
than
needed
in
view
of
the
19
decision-making
capacity,
functional
abilities
and
limitations
20
of
the
protected
person,
the
availability
of
third
‐
party
21
assistance
and
decision
‐
making
supports
for
the
protected
22
person,
or
other
circumstances.
23
6.
Except
as
otherwise
ordered
by
the
court
for
good
24
cause,
before
terminating
or
modifying
a
guardianship
or
25
conservatorship,
the
court
shall
follow
the
same
procedures
26
to
safeguard
the
rights
of
the
protected
person
as
apply
to
a
27
petition
for
a
guardianship
or
conservatorship,
including
the
28
right
to
representation
by
an
attorney.
29
Sec.
56.
NEW
SECTION
.
633F.56
Pleadings
and
hearings.
30
In
proceedings
to
establish,
modify,
or
terminate
a
31
guardianship
or
conservatorship,
or
remove
a
guardian
or
32
conservator,
the
case
shall
be
tried
as
a
law
action
and
33
be
governed
by
the
rules
of
civil
procedure
subject
to
the
34
following
requirements:
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1.
The
respondent
shall
be
entitled
to
a
hearing
on
1
appointment,
modification,
removal,
or
termination.
2
2.
The
respondent
shall
be
present
at
the
hearing
and
at
3
all
other
stages
of
the
proceedings
unless
the
court
finds
good
4
cause
for
the
absence
of
the
respondent.
If
the
respondent
5
is
not
present,
the
court
shall
make
a
record
of
the
lack
of
6
presence.
The
court
shall
make
reasonable
accommodations
to
7
enable
the
respondent
to
be
present
at
the
hearing
and
at
all
8
other
stages
of
the
proceedings.
9
3.
The
respondent
may
subpoena
witnesses
and
documents,
10
examine
witnesses
and
documents,
present
evidence,
and
11
otherwise
participate
in
the
hearing.
12
4.
The
court
shall
require
the
proposed
or
existing
guardian
13
or
conservator
to
attend
the
hearing
except
upon
a
showing
of
14
good
cause.
15
5.
The
court
shall
require
any
court
advisor
it
has
16
appointed
to
attend
the
hearing.
17
6.
Any
person
may
file
a
written
application
to
participate
18
in
a
hearing
or
other
proceeding.
The
court
may
grant
the
19
request
without
hearing
unless
a
resistance
to
such
application
20
is
filed
within
five
days.
If
a
resistance
is
filed
within
21
five
days,
the
court
shall
hold
a
hearing
on
the
application.
22
7.
All
hearings
and
proceedings
shall
be
reported.
23
8.
For
purposes
of
this
section,
the
term
respondent
24
includes,
when
appropriate,
a
protected
person.
25
Sec.
57.
NEW
SECTION
.
633F.57
Compensation
of
guardians,
26
conservators,
and
attorneys.
27
The
compensation
of
guardians,
conservators,
guardian’s
28
attorneys,
and
conservator’s
attorneys
shall
be
fixed
according
29
to
section
633.200.
30
Sec.
58.
NEW
SECTION
.
633F.58
Liability
of
guardians
and
31
conservators.
32
Guardians
and
conservators
shall
not
be
held
personally
33
liable
for
actions
or
omissions
taken
or
made
in
the
official
34
discharge
of
the
guardian’s
or
conservator’s
duties,
except
for
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any
of
the
following:
1
1.
A
breach
of
fiduciary
duty
imposed
by
the
provisions
of
2
chapter
633
or
this
chapter.
3
2.
Willful
or
wanton
misconduct
in
the
official
discharge
of
4
the
guardian’s
or
conservator’s
duties.
5
Sec.
59.
NEW
SECTION
.
633F.59
Tort
liability
of
guardians
6
and
conservators.
7
The
fact
that
a
person
is
a
guardian
or
conservator
shall
8
not
make
the
person
personally
liable
for
damages
for
the
acts
9
of
the
protected
person.
10
Sec.
60.
NEW
SECTION
.
633F.60
Court
costs
in
guardianships
11
and
conservatorships.
12
A
protected
person
shall
be
charged
with
the
court
costs
13
of
the
protected
person’s
guardianship
and
conservatorship
14
proceedings,
including
guardian’s
and
conservator’s
fees,
and
15
the
fees
of
attorneys
representing
guardians
and
conservators.
16
The
court
may,
upon
application,
enter
an
order
waiving
17
payment
of
the
court
costs
in
indigent
cases.
However,
if
the
18
protected
person
becomes
financially
capable
of
paying
any
19
waived
costs,
the
costs
shall
no
longer
be
waived
and
shall
be
20
immediately
payable.
21
Sec.
61.
NEW
SECTION
.
633F.61
Provisions
applicable
to
all
22
fiduciaries
shall
govern.
23
The
provisions
of
chapter
633
applicable
to
all
fiduciaries
24
shall
govern
the
appointment,
qualification,
oath,
and
bond
of
25
guardians
and
conservators
with
the
following
exceptions:
26
1.
Guardians
shall
not
be
required
to
give
bond
unless
the
27
court,
for
good
cause,
finds
that
the
best
interests
of
the
28
protected
person
require
a
bond.
29
2.
Notwithstanding
section
633.175,
conservators
other
30
than
Iowa
financial
institutions
with
trust
powers
must
give
31
surety
bonds
unless
the
court
finds
there
is
an
alternative
32
to
such
a
bond
that
will
provide
sufficient
protection
of
the
33
conservatorship
assets.
The
conservator
shall
submit
a
plan
34
for
any
proposed
alternative
to
a
bond
for
review
and
approval
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by
the
court.
1
Sec.
62.
CODE
EDITOR
DIRECTIVES.
2
1.
The
Code
editor
shall
designate
sections
633F.1
3
through
633F.3,
as
enacted
by
this
division
of
this
Act,
4
as
a
subchapter
entitled
“JURISDICTION,
DEFINITIONS,
AND
5
APPLICABILITY”.
6
2.
The
Code
editor
shall
designate
sections
633F.4
through
7
633F.18,
as
enacted
by
this
division
of
this
Act,
as
a
8
subchapter
entitled
“GUARDIANSHIPS
FOR
MINORS”.
9
3.
The
Code
editor
shall
designate
sections
633F.19
10
through
633F.27,
as
enacted
by
this
division
of
this
Act,
as
a
11
subchapter
entitled
“GUARDIANSHIPS
FOR
ADULTS”.
12
4.
The
Code
editor
shall
designate
sections
633F.28
13
through
633F.46,
as
enacted
by
this
division
of
this
Act,
as
a
14
subchapter
entitled
“CONSERVATORSHIPS”.
15
5.
The
Code
editor
shall
designate
sections
633F.47
16
through
633F.61,
as
enacted
by
this
division
of
this
Act,
as
a
17
subchapter
entitled
“PROCEEDINGS,
ADMINISTRATION,
AND
CLOSING”.
18
DIVISION
II
19
CONFORMING
CHANGES
20
Sec.
63.
Section
10.1,
subsection
7,
Code
2019,
is
amended
21
to
read
as
follows:
22
7.
“Farm
estate”
means
the
real
and
personal
property
of
a
23
decedent,
a
ward
protected
person
,
or
a
trust
as
provided
in
24
chapters
633
,
and
633A
,
and
633F,
if
at
least
sixty
percent
of
25
the
gross
receipts
from
the
estate
comes
from
farming.
26
Sec.
64.
Section
48A.2,
subsection
4,
Code
2019,
is
amended
27
to
read
as
follows:
28
4.
“Person
who
is
incompetent
to
vote”
means
a
person
with
an
29
intellectual
disability
who
has
been
found
to
lack
the
mental
30
capacity
to
vote
in
a
proceeding
held
pursuant
to
section
31
633.556
633F.22
.
32
Sec.
65.
Section
135C.24,
subsection
5,
Code
2019,
is
33
amended
to
read
as
follows:
34
5.
The
provisions
of
this
section
notwithstanding,
upon
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the
verified
petition
of
the
county
board
of
supervisors
the
1
district
court
may
appoint
the
administrator
of
a
county
care
2
facility
as
conservator
or
guardian,
or
both,
of
a
resident
of
3
such
county
care
facility,
in
accordance
with
the
provisions
4
of
chapter
chapters
633
and
633F
.
Such
administrator
shall
5
serve
as
conservator
or
guardian,
or
both,
without
fee.
The
6
county
attorney
shall
serve
as
attorney
for
the
administrator
7
in
such
conservatorship
or
guardianship,
or
both,
without
fee.
8
The
administrator
may
establish
either
separate
or
common
bank
9
accounts
for
cash
funds
of
such
resident
wards.
10
Sec.
66.
Section
141A.1,
subsection
15,
Code
2019,
is
11
amended
to
read
as
follows:
12
15.
“Legal
guardian”
means
a
person
appointed
by
a
court
13
pursuant
to
chapter
633
or
633F
or
an
attorney
in
fact
as
14
defined
in
section
144B.1
.
In
the
case
of
a
minor,
“legal
15
guardian”
also
means
a
parent
or
other
person
responsible
for
16
the
care
of
the
minor.
17
Sec.
67.
Section
144A.7,
subsection
1,
paragraph
b,
Code
18
2019,
is
amended
to
read
as
follows:
19
b.
The
guardian
of
the
person
of
the
patient
if
one
has
been
20
appointed,
provided
court
approval
is
obtained
in
accordance
21
with
section
633.635,
subsection
2,
paragraph
“c”
633F.26,
22
subsection
5,
paragraph
“c”
.
This
paragraph
does
not
require
23
the
appointment
of
a
guardian
in
order
for
a
treatment
decision
24
to
be
made
under
this
section
.
25
Sec.
68.
Section
144B.6,
subsection
1,
Code
2019,
is
amended
26
to
read
as
follows:
27
1.
Unless
the
district
court
sitting
in
equity
specifically
28
finds
that
the
attorney
in
fact
is
acting
in
a
manner
contrary
29
to
the
wishes
of
the
principal
or
the
durable
power
of
attorney
30
for
health
care
provides
otherwise,
an
attorney
in
fact
who
is
31
known
to
the
health
care
provider
to
be
available
and
willing
32
to
make
health
care
decisions
has
priority
over
any
other
33
person,
including
a
guardian
appointed
pursuant
to
chapter
633
34
or
633F
,
to
act
for
the
principal
in
all
matters
of
health
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care
decisions.
The
attorney
in
fact
has
authority
to
make
1
a
particular
health
care
decision
only
if
the
principal
is
2
unable,
in
the
judgment
of
the
attending
physician,
to
make
the
3
health
care
decision.
If
the
principal
objects
to
a
decision
4
to
withhold
or
withdraw
health
care,
the
principal
shall
be
5
presumed
to
be
able
to
make
a
decision.
6
Sec.
69.
Section
217.13,
subsection
3,
Code
2019,
is
amended
7
to
read
as
follows:
8
3.
All
volunteers
registered
with
the
department
and
9
in
compliance
with
departmental
rules
are
considered
state
10
employees
for
purposes
of
chapter
669
.
However,
this
section
11
does
not
except
a
conservator
or
guardian
from
an
action
12
brought
under
section
658.1A
or
658.3
.
This
section
does
not
13
relieve
a
guardian
or
conservator
from
duties
under
chapter
633
14
or
633F
.
15
Sec.
70.
Section
222.34,
Code
2019,
is
amended
to
read
as
16
follows:
17
222.34
Guardianship
proceedings.
18
If
a
guardianship
is
proposed
for
a
person
with
an
19
intellectual
disability,
guardianship
proceedings
shall
be
20
initiated
and
conducted
as
provided
in
chapter
633
633F
.
21
Sec.
71.
Section
229.27,
subsection
3,
unnumbered
paragraph
22
1,
Code
2019,
is
amended
to
read
as
follows:
23
A
hearing
limited
to
the
question
of
the
person’s
competence
24
and
conducted
in
substantially
the
manner
prescribed
in
25
sections
633.552
to
633.556
633F.19,
633F.20,
633F.22,
and
26
633F.56
shall
be
held
when:
27
Sec.
72.
Section
231E.5,
subsection
2,
paragraph
g,
28
subparagraph
(6),
Code
2019,
is
amended
to
read
as
follows:
29
(6)
If
determined
necessary,
file
a
petition
for
the
30
appointment
of
a
guardian
or
conservator
pursuant
to
chapter
31
633
633F
.
32
Sec.
73.
Section
231E.5,
subsections
4
and
5,
Code
2019,
are
33
amended
to
read
as
follows:
34
4.
An
individual
acting
as
the
state
public
guardian
or
a
35
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S.F.
_____
local
public
guardian
shall
comply
with
applicable
requirements
1
for
guardians
and
conservators
pursuant
to
chapter
633
633F
,
or
2
representative
payees
pursuant
to
federal
law
and
regulations.
3
5.
Notwithstanding
any
provision
to
the
contrary,
an
4
individual
acting
as
the
state
public
guardian
or
a
local
5
public
guardian
shall
not
be
subject
to
the
posting
of
a
bond
6
pursuant
to
chapter
633
633F
.
An
individual
acting
as
the
7
state
public
guardian
or
a
local
public
guardian
shall
complete
8
at
least
eight
hours
of
training
annually
as
certified
by
the
9
department.
10
Sec.
74.
Section
231E.6,
subsection
2,
Code
2019,
is
amended
11
to
read
as
follows:
12
2.
For
all
appointments
made
pursuant
to
this
section
,
13
notice
shall
be
provided
to
the
state
office
or
local
office
14
prior
to
appointment.
For
appointments
made
pursuant
to
this
15
section
,
the
state
office
or
local
office
shall
only
accept
16
appointments
made
pursuant
to
the
filing
of
an
involuntary
17
petition
for
appointment
of
a
conservator
or
guardianship
18
pursuant
to
chapter
633
633F
.
19
Sec.
75.
Section
231E.8,
subsection
5,
Code
2019,
is
amended
20
to
read
as
follows:
21
5.
The
state
public
guardian
or
a
local
public
guardian
22
shall
be
subject
to
discharge
or
removal,
by
the
court,
on
23
the
grounds
and
in
the
manner
in
which
other
guardians
or
24
conservators
are
discharged
or
removed
pursuant
to
chapter
633
25
633F
.
26
Sec.
76.
Section
231E.12,
Code
2019,
is
amended
to
read
as
27
follows:
28
231E.12
Liability.
29
All
employees
and
volunteers
of
the
state
office
and
local
30
offices
operating
under
this
chapter
and
other
applicable
31
chapters
and
pursuant
to
rules
adopted
under
this
and
other
32
applicable
chapters
are
considered
employees
of
the
state
33
and
state
volunteers
for
the
purposes
of
chapter
669
and
34
shall
be
afforded
protection
under
section
669.21
or
669.24
,
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_____
as
applicable.
This
section
does
not
relieve
a
guardian
or
1
conservator
from
performing
duties
prescribed
under
chapter
633
2
or
633F
.
3
Sec.
77.
Section
232.3,
subsection
1,
Code
2019,
is
amended
4
to
read
as
follows:
5
1.
During
the
pendency
of
an
action
under
this
chapter
,
a
6
party
to
the
action
is
estopped
from
litigating
concurrently
7
the
custody,
guardianship,
or
placement
of
a
child
who
8
is
the
subject
of
the
action,
in
a
court
other
than
the
9
juvenile
court.
A
district
judge,
district
associate
judge,
10
magistrate,
or
judicial
hospitalization
referee,
upon
notice
11
of
the
pendency
of
an
action
under
this
chapter
,
shall
not
12
issue
an
order,
finding,
or
decision
relating
to
the
custody,
13
guardianship,
or
placement
of
the
child
who
is
the
subject
of
14
the
action,
under
any
law,
including
but
not
limited
to
chapter
15
598
,
598B
,
or
633
,
or
633F
.
16
Sec.
78.
Section
232.101A,
subsection
2,
Code
2019,
is
17
amended
to
read
as
follows:
18
2.
If
the
court
transfers
guardianship
pursuant
to
19
subsection
1
,
the
court
may
close
the
child
in
need
of
20
assistance
case
by
transferring
jurisdiction
over
the
child’s
21
guardianship
to
the
probate
court.
The
court
shall
inform
the
22
proposed
guardian
of
the
guardian’s
reporting
duties
under
23
section
633.669
633F.52
and
other
duties
under
chapter
633
24
633F
.
Upon
transferring
jurisdiction,
the
court
shall
direct
25
the
probate
clerk,
once
the
proposed
guardian
has
filed
an
26
oath
of
office
and
identification
in
accordance
with
section
27
602.6111
,
to
issue
letters
of
appointment
for
guardianship
and
28
docket
the
case
in
probate.
Records
contained
in
the
probate
29
case
file
that
were
copied
or
transferred
from
the
juvenile
30
court
file
concerning
the
case
shall
be
subject
to
section
31
232.147
and
other
confidentiality
provisions
of
this
chapter
32
for
cases
not
involving
juvenile
delinquency.
33
Sec.
79.
Section
232.104,
subsection
8,
paragraph
b,
Code
34
2019,
is
amended
to
read
as
follows:
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_____
b.
In
lieu
of
the
procedures
specified
in
paragraph
“a”
,
1
the
court
may
close
the
child
in
need
of
assistance
case
2
by
transferring
jurisdiction
over
the
child’s
guardianship
3
to
the
probate
court.
The
court
shall
inform
the
proposed
4
guardian
of
the
guardian’s
reporting
duties
under
section
5
633.669
633F.52
and
other
duties
under
the
probate
code.
Upon
6
transferring
jurisdiction,
the
court
shall
direct
the
probate
7
clerk,
once
the
proposed
guardian
has
filed
an
oath
of
office
8
and
identification
in
accordance
with
section
602.6111
,
to
9
issue
letters
of
appointment
for
guardianship
and
docket
the
10
case
in
probate.
Records
contained
in
the
probate
case
file
11
that
were
copied
or
transferred
from
the
juvenile
court
file
12
concerning
the
case
shall
be
subject
to
section
232.147
and
13
other
confidentiality
provisions
of
this
chapter
for
cases
not
14
involving
juvenile
delinquency.
15
Sec.
80.
Section
235B.2,
subsection
5,
paragraph
b,
16
subparagraph
(3),
Code
2019,
is
amended
to
read
as
follows:
17
(3)
The
withholding
or
withdrawing
of
health
care
from
18
a
dependent
adult
who
is
terminally
ill
in
the
opinion
of
a
19
licensed
physician,
when
the
withholding
or
withdrawing
of
20
health
care
is
done
at
the
request
of
the
dependent
adult
or
at
21
the
request
of
the
dependent
adult’s
next
of
kin,
attorney
in
22
fact,
or
guardian
pursuant
to
the
applicable
procedures
under
23
chapter
125
,
144A
,
144B
,
222
,
229
,
or
633
633F
.
24
Sec.
81.
Section
235B.3,
subsection
9,
paragraph
a,
Code
25
2019,
is
amended
to
read
as
follows:
26
a.
If,
upon
completion
of
the
evaluation
or
upon
referral
27
from
the
department
of
inspections
and
appeals,
the
department
28
determines
that
the
best
interests
of
the
dependent
adult
29
require
court
action,
the
department
shall
initiate
action
30
for
the
appointment
of
a
guardian
or
conservator
or
for
31
admission
or
commitment
to
an
appropriate
institution
or
32
facility
pursuant
to
the
applicable
procedures
under
chapter
33
125
,
222
,
229
,
or
633
633F
,
or
shall
pursue
other
remedies
34
provided
by
law.
The
appropriate
county
attorney
shall
assist
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the
department
in
the
preparation
of
the
necessary
papers
1
to
initiate
the
action
and
shall
appear
and
represent
the
2
department
at
all
district
court
proceedings.
3
Sec.
82.
Section
235B.18,
subsections
4
and
5,
Code
2019,
4
are
amended
to
read
as
follows:
5
4.
If,
at
the
hearing,
the
judge
finds
by
clear
and
6
convincing
evidence
that
the
dependent
adult
is
in
need
of
7
protective
services
and
lacks
the
capacity
to
consent
to
the
8
receipt
of
protective
services,
the
judge
may
issue
an
order
9
authorizing
the
provision
of
protective
services.
The
order
10
may
include
the
designation
of
a
person
to
be
responsible
for
11
performing
or
obtaining
protective
services
on
behalf
of
the
12
dependent
adult
or
otherwise
consenting
to
the
receipt
of
13
protective
services
on
behalf
of
the
dependent
adult.
Within
14
sixty
days
of
the
appointment
of
such
a
person
the
court
15
shall
conduct
a
review
to
determine
if
a
petition
shall
be
16
initiated
in
accordance
with
section
633.552
633F.19
for
good
17
cause
shown.
The
court
may
extend
the
sixty-day
period
for
18
an
additional
sixty
days,
at
the
end
of
which
the
court
shall
19
conduct
a
review
to
determine
if
a
petition
shall
be
initiated
20
in
accordance
with
section
633.552
633F.19
.
A
dependent
adult
21
shall
not
be
committed
to
a
mental
health
facility
under
this
22
section
.
23
5.
A
determination
by
the
court
that
a
dependent
adult
lacks
24
the
capacity
to
consent
to
the
receipt
of
protective
services
25
under
this
chapter
shall
not
affect
incompetency
proceedings
26
under
sections
633.552
through
633.556
633F.19,
633F.20,
27
633F.22,
and
633F.56
or
any
other
proceedings,
and
incompetency
28
proceedings
under
sections
633.552
through
633.556
633F.19,
29
633F.20,
633F.22,
and
633F.56
shall
not
have
a
conclusive
30
effect
on
the
question
of
capacity
to
consent
to
the
receipt
of
31
protective
services
under
this
chapter
.
A
person
previously
32
adjudicated
as
incompetent
under
the
relevant
provisions
of
33
chapter
633
633F
is
entitled
to
the
care,
protection,
and
34
services
under
this
chapter
.
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Sec.
83.
Section
235B.19,
subsection
5,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
2
follows:
3
Notwithstanding
sections
633.552
633F.19
and
633.573
4
633F.32
,
upon
a
finding
that
there
is
probable
cause
to
believe
5
that
the
dependent
adult
abuse
presents
an
immediate
danger
to
6
the
health
or
safety
of
the
dependent
adult
or
is
producing
7
irreparable
harm
to
the
physical
or
financial
resources
or
8
property
of
the
dependent
adult,
and
that
the
dependent
adult
9
lacks
capacity
to
consent
to
the
receipt
of
services,
the
court
10
may
order
the
appointment
of
a
temporary
guardian
or
temporary
11
conservator
without
notice
to
the
dependent
adult
or
the
12
dependent
adult’s
attorney
if
all
of
the
following
conditions
13
are
met:
14
Sec.
84.
Section
235E.1,
subsection
5,
paragraph
b,
15
subparagraph
(3),
Code
2019,
is
amended
to
read
as
follows:
16
(3)
The
withholding
or
withdrawing
of
health
care
from
17
a
dependent
adult
who
is
terminally
ill
in
the
opinion
of
a
18
licensed
physician,
when
the
withholding
or
withdrawing
of
19
health
care
is
done
at
the
request
of
the
dependent
adult
or
at
20
the
request
of
the
dependent
adult’s
next
of
kin,
attorney
in
21
fact,
or
guardian
pursuant
to
the
applicable
procedures
under
22
chapter
125
,
144A
,
144B
,
222
,
229
,
or
633
633F
.
23
Sec.
85.
Section
235E.2,
subsection
6,
paragraph
a,
Code
24
2019,
is
amended
to
read
as
follows:
25
a.
If,
upon
completion
of
an
investigation,
the
department
26
determines
that
the
best
interests
of
the
dependent
adult
27
require
court
action,
the
department
shall
notify
the
28
department
of
human
services
of
the
potential
need
for
a
29
guardian
or
conservator
or
for
admission
or
commitment
to
an
30
appropriate
institution
or
facility
pursuant
to
the
applicable
31
procedures
under
chapter
125
,
222
,
229
,
or
633
633F
,
or
shall
32
pursue
other
remedies
provided
by
law.
The
appropriate
county
33
attorney
shall
assist
the
department
of
human
services
in
the
34
preparation
of
the
necessary
papers
to
initiate
the
action
and
35
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_____
shall
appear
and
represent
the
department
of
human
services
at
1
all
district
court
proceedings.
2
Sec.
86.
Section
235F.1,
subsection
5,
paragraph
b,
3
subparagraph
(3),
Code
2019,
is
amended
to
read
as
follows:
4
(3)
The
withholding
or
withdrawing
of
health
care
from
5
a
vulnerable
elder
who
is
terminally
ill
in
the
opinion
of
6
a
licensed
physician,
when
the
withholding
or
withdrawing
of
7
health
care
is
done
at
the
request
of
the
vulnerable
elder
or
8
at
the
request
of
the
vulnerable
elder’s
next
of
kin,
attorney
9
in
fact,
or
guardian
pursuant
to
the
applicable
procedures
10
under
chapter
125
,
144A
,
144B
,
222
,
229
,
or
633
633F
.
11
Sec.
87.
Section
235F.6,
subsection
3,
paragraph
b,
Code
12
2019,
is
amended
to
read
as
follows:
13
b.
Grants
relief
that
is
more
appropriately
obtained
in
a
14
protective
proceeding
filed
under
chapter
633
633F
including
15
but
not
limited
to
giving
control
and
management
of
the
funds,
16
benefits,
property,
resources,
belongings,
or
assets
of
the
17
vulnerable
elder
to
a
guardian,
conservator,
or
attorney
in
18
fact
for
any
purpose
other
than
the
relief
granted
under
19
subsection
2
.
20
Sec.
88.
Section
239B.13,
subsection
2,
Code
2019,
is
21
amended
to
read
as
follows:
22
2.
The
department
may
order
the
cash
assistance
under
23
this
chapter
to
be
paid
to
a
protective
payee
if
it
has
24
been
demonstrated
that
the
specified
relative
with
whom
25
the
child
is
residing
is
unable
to
manage
the
assistance
in
26
the
best
interest
of
the
child.
Protective
payment
of
cash
27
assistance
shall
not
be
made
beyond
a
period
of
two
years.
The
28
department
may
petition
the
district
court
sitting
in
probate
29
to
establish,
pursuant
to
chapter
633
633F
,
a
conservatorship
30
over
a
participant.
If
a
conservatorship
is
established,
the
31
participant’s
cash
assistance
shall
be
paid
to
the
conservator.
32
In
addition
to
the
cash
assistance,
an
amount
not
to
exceed
ten
33
dollars
per
case
per
month
may
be
allowed
for
conservatorship
34
or
guardianship
fees
if
authorized
by
court
order.
The
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department
may
pay
cash
assistance
or
other
cash
benefits
to
1
a
third
party
if
the
department
determines
that
a
third-party
2
payment
is
essential
to
assure
the
proper
use
of
the
assistance
3
or
benefits.
4
Sec.
89.
Section
252B.6A,
subsection
4,
Code
2019,
is
5
amended
to
read
as
follows:
6
4.
For
the
purposes
of
this
section
,
a
“judicial
proceeding”
7
means
an
action
to
enforce
support
filed
with
a
court
of
8
competent
jurisdiction
in
which
the
court
issues
an
order
which
9
identifies
the
amount
of
the
support
collection
which
is
a
10
direct
result
of
the
court
proceeding.
“Judicial
proceedings”
11
include
but
are
not
limited
to
those
pursuant
to
chapters
598
,
12
626
,
633
,
633F,
642
,
654
,
or
684
and
also
include
contempt
13
proceedings
if
the
collection
payment
is
identified
in
the
14
court
order
as
the
result
of
such
a
proceeding.
“Judicial
15
proceedings”
do
not
include
enforcement
actions
which
the
unit
16
is
required
to
implement
under
federal
law
including,
but
not
17
limited
to,
income
withholding.
18
Sec.
90.
Section
565B.24,
Code
2019,
is
amended
to
read
as
19
follows:
20
565B.24
Other
laws
not
applicable.
21
Chapter
Chapters
633
and
633F
and
all
other
laws
of
this
22
state
to
the
extent
contrary
to
this
chapter
do
not
apply
to
23
the
custodial
property
of
a
minor
held
by
the
custodian
under
24
this
chapter
.
25
Sec.
91.
Section
602.6306,
subsection
2,
Code
2019,
is
26
amended
to
read
as
follows:
27
2.
District
associate
judges
also
have
jurisdiction
28
in
civil
actions
for
money
judgment
where
the
amount
in
29
controversy
does
not
exceed
ten
thousand
dollars;
jurisdiction
30
over
involuntary
commitment,
treatment,
or
hospitalization
31
proceedings
under
chapters
125
and
229
;
jurisdiction
of
32
indictable
misdemeanors,
class
“D”
felony
violations,
and
other
33
felony
arraignments;
jurisdiction
to
enter
a
temporary
or
34
emergency
order
of
protection
under
chapter
235F
or
236
,
and
to
35
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make
court
appointments
and
set
hearings
in
criminal
matters;
1
jurisdiction
to
enter
orders
in
probate
which
do
not
require
2
notice
and
hearing
and
to
set
hearings
in
actions
under
chapter
3
633
,
or
633A
,
or
633F
;
and
the
jurisdiction
provided
in
section
4
602.7101
when
designated
as
a
judge
of
the
juvenile
court.
5
While
presiding
in
these
subject
matters
a
district
associate
6
judge
shall
employ
district
judges’
practice
and
procedure.
7
Sec.
92.
Section
602.8102,
subsections
105
and
105A,
Code
8
2019,
are
amended
to
read
as
follows:
9
105.
Carry
out
duties
of
the
clerk
of
the
probate
court
as
10
provided
in
chapter
chapters
633
and
633F
.
11
105A.
Provide
written
notice
to
all
duly
appointed
12
guardians
and
conservators
of
their
liability
as
provided
in
13
sections
633.633A
633F.58
and
633.633B
633F.59
.
14
Sec.
93.
Section
633.27A,
unnumbered
paragraph
1,
Code
15
2019,
is
amended
to
read
as
follows:
16
When
a
petition
is
filed
for
a
conservatorship
or
17
guardianship,
or
a
combined
petition
as
provided
in
section
18
633.627
633F.34
,
the
administration
thereof
shall
be
treated
as
19
one
proceeding,
with
one
docket
number,
from
the
date
of
the
20
filing
of
the
petition.
The
separate
reporting
requirements
21
for
conservatorships
and
guardianships
shall
continue
to
apply
22
in
a
combined
petition.
The
clerk
shall
clearly
indicate
on
23
the
docket
whether
the
proceedings
are
voluntary
or
involuntary
24
and
whether
a
guardianship,
a
conservatorship,
or
combined.
25
Sec.
94.
Section
633.551,
subsections
3
and
5,
Code
2019,
26
are
amended
to
read
as
follows:
27
3.
In
determining
whether
a
guardianship
or
conservatorship
28
is
to
be
established,
modified,
or
terminated,
the
29
district
court
shall
consider
if
a
limited
guardianship
or
30
conservatorship
pursuant
to
section
633.635
633F.26
or
633.637
31
633F.35
is
appropriate.
In
making
the
determination,
the
court
32
shall
make
findings
of
fact
to
support
the
powers
conferred
on
33
the
guardian
or
conservator.
34
5.
Except
as
otherwise
provided
in
sections
633.672
and
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_____
633.673
section
633F.57
or
633F.60
,
in
proceedings
to
establish
1
a
guardianship
or
conservatorship,
the
costs,
including
2
attorney
fees
and
expert
witness
fees,
shall
be
assessed
3
against
the
ward
protected
person
or
the
ward’s
protected
4
person’s
estate
unless
the
proceeding
is
dismissed
either
5
voluntarily
or
involuntarily,
in
which
case
fees
and
costs
may
6
be
assessed
against
the
petitioner
for
good
cause
shown.
7
Sec.
95.
Section
633.562,
Code
2019,
is
amended
to
read
as
8
follows:
9
633.562
Notification
of
guardianship
powers.
10
In
a
proceeding
for
the
appointment
of
a
guardian,
the
11
proposed
ward
respondent
shall
be
given
written
notice
which
12
advises
the
proposed
ward
respondent
that
if
a
guardian
is
13
appointed,
the
guardian
may,
without
court
approval,
provide
14
for
the
care
of
the
ward
protected
person
,
manage
the
ward’s
15
protected
person’s
personal
property
and
effects,
assist
the
16
ward
protected
person
in
developing
self-reliance
and
receiving
17
professional
care,
counseling,
treatment
or
services
as
needed,
18
and
ensure
that
the
ward
protected
person
receives
necessary
19
emergency
medical
services.
The
notice
shall
also
advise
the
20
proposed
ward
respondent
that,
upon
the
court’s
approval,
the
21
guardian
may
change
the
ward’s
protected
person’s
permanent
22
residence
to
a
more
restrictive
residence,
and
arrange
for
23
major
elective
surgery
or
any
other
nonemergency
major
medical
24
procedure.
The
notice
shall
clearly
advise
the
proposed
ward
25
respondent
in
boldface
type
of
a
minimum
size
of
ten
points,
26
of
the
right
to
counsel
and
the
potential
deprivation
of
the
27
proposed
ward’s
respondent’s
civil
rights.
The
notice
shall
28
also
state
that
the
proposed
ward
respondent
may
use
the
ward’s
29
respondent’s
own
attorney
instead
of
an
attorney
appointed
by
30
the
court.
In
an
involuntary
guardianship
proceeding,
the
31
notice
shall
be
served
upon
the
proposed
ward
respondent
with
32
the
notice
of
the
filing
of
the
petition
as
provided
in
section
33
633.554
633F.20
.
34
Sec.
96.
Section
633.634,
Code
2019,
is
amended
to
read
as
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follows:
1
633.634
Combination
of
voluntary
and
standby
petitions
with
2
involuntary
petition
for
hearing.
3
If
prior
to
the
time
of
hearing
on
a
petition
for
the
4
appointment
of
a
guardian
or
a
conservator,
a
petition
is
filed
5
under
the
provisions
of
section
633.557,
633.572
633F.19
or
6
633.591
section
633F.41,
subsection
1
,
the
court
shall
combine
7
the
hearing
on
such
petitions
and
determine
who
shall
be
8
appointed
guardian
or
conservator,
and
such
petition
shall
be
9
triable
to
the
court.
10
Sec.
97.
Section
633.717,
subsection
8,
Code
2019,
is
11
amended
to
read
as
follows:
12
8.
The
denial
by
a
court
of
this
state
of
a
petition
to
13
accept
a
guardianship
or
conservatorship
transferred
from
14
another
state
does
not
affect
the
ability
of
the
guardian
or
15
conservator
to
seek
appointment
as
guardian
or
conservator
in
16
this
state
under
section
633.551
,
633.552
633F.19
,
or
633.566
17
633F.28
,
if
the
court
has
jurisdiction
to
make
an
appointment
18
other
than
by
reason
of
the
provisional
order
of
transfer.
19
Sec.
98.
Section
633B.102,
subsections
2
and
6,
Code
2019,
20
are
amended
to
read
as
follows:
21
2.
“Conservator”
or
“conservatorship”
means
a
conservator
22
appointed
or
conservatorship
established
pursuant
to
sections
23
633.570
and
633.572
section
633F.31
or
a
similar
provision
of
24
the
laws
of
another
state.
25
6.
“Guardian”
or
“guardianship”
means
a
guardian
appointed
26
or
a
guardianship
established
pursuant
to
sections
633.556
27
633F.22
and
633.560
633F.25
or
a
similar
provision
of
the
laws
28
of
another
state.
29
Sec.
99.
Section
633B.108,
subsection
1,
Code
2019,
is
30
amended
to
read
as
follows:
31
1.
Under
a
power
of
attorney,
a
principal
may
nominate
32
a
conservator
of
the
principal’s
estate
or
guardian
of
33
the
principal’s
person
for
consideration
by
the
court
if
34
proceedings
for
the
principal’s
estate
or
person
are
begun
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after
the
principal
executes
the
power
of
attorney.
Except
1
for
good
cause
shown
or
disqualification,
the
court
shall
make
2
its
appointment
in
accordance
with
the
principal’s
most
recent
3
nomination.
This
section
does
not
prohibit
an
individual
4
from
executing
a
petition
for
the
voluntary
appointment
of
a
5
guardian
or
conservator
on
a
standby
basis
pursuant
to
sections
6
633.560
633F.25
and
633.591
633F.41
.
7
Sec.
100.
Section
815.11,
Code
2019,
is
amended
to
read
as
8
follows:
9
815.11
Appropriations
for
indigent
defense
——
fund
created.
10
Costs
incurred
for
legal
representation
by
a
court-appointed
11
attorney
under
chapter
229A
,
665
,
822
,
or
908
,
or
section
12
232.141,
subsection
3
,
paragraph
“d”
,
or
section
598.23A
,
13
600A.6B
,
814.9
,
814.10
,
814.11
,
815.4
,
815.7
,
or
815.10
on
14
behalf
of
an
indigent
shall
be
paid
from
moneys
appropriated
by
15
the
general
assembly
to
the
office
of
the
state
public
defender
16
in
the
department
of
inspections
and
appeals
and
deposited
in
17
an
account
to
be
known
as
the
indigent
defense
fund.
Costs
18
incurred
representing
an
indigent
defendant
in
a
contempt
19
action,
or
representing
an
indigent
juvenile
in
a
juvenile
20
court
proceeding,
are
also
payable
from
the
fund.
However,
21
costs
incurred
in
any
administrative
proceeding
or
in
any
other
22
proceeding
under
this
chapter
or
chapter
598
,
600
,
600A
,
633
,
23
633A
,
633F,
814
,
or
915
or
other
provisions
of
the
Code
or
24
administrative
rules
are
not
payable
from
the
fund.
25
Sec.
101.
CODE
EDITOR
DIRECTIVE.
26
1.
Section
633.3,
subsections
7,
15,
20,
and
21,
section
27
633.78,
subsection
1,
unnumbered
paragraph
1
and
paragraph
28
“b”,
and
subsection
4,
paragraph
“a”,
sections
633.80,
633.93,
29
and
633.112,
section
633.123,
subsection
1,
paragraph
“a”,
and
30
subparagraph
(3),
section
633.551,
subsections
1,
2,
and
4,
31
and
sections
633.617,
633.662,
633.676,
633.677,
633.681,
and
32
633.682,
Code
2019,
are
amended
by
striking
the
word
“ward”
and
33
inserting
in
lieu
thereof
the
words
“protected
person”.
34
2.
Section
633.551,
subsections
1
and
4,
and
section
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633.557,
subsection
1,
Code
2019,
are
amended
by
striking
the
1
words
“proposed
ward”
and
inserting
in
lieu
thereof
the
word
2
“respondent”.
3
3.
The
Code
editor
is
directed
to
make
changes
in
any
Code
4
sections
amended
or
enacted
by
any
other
Act
to
correspond
with
5
the
changes
made
in
this
section
of
this
Act
if
there
appears
6
to
be
no
doubt
as
to
the
proper
method
of
making
the
changes
and
7
the
changes
would
not
be
contrary
to
or
inconsistent
with
the
8
purposes
of
this
Act
or
any
other
Act.
9
Sec.
102.
REPEAL.
Sections
633.552,
633.554,
633.555,
10
633.556,
633.557,
633.558,
633.559,
633.560,
633.561,
633.562,
11
633.566,
633.568,
633.569,
633.570,
633.571,
633.572,
633.573,
12
633.574,
633.575,
633.576,
633.580,
633.581,
633.582,
633.584,
13
633.585,
633.591,
633.591A,
633.592,
633.593,
633.594,
14
633.595,
633.596,
633.603,
633.604,
633.605,
633.606,
633.607,
15
633.608,
633.627,
633.628,
633.633,
633.633A,
633.633B,
16
633.635,
633.636,
633.637,
633.637A,
633.638,
633.639,
633.640,
17
633.641,
633.643,
633.644,
633.645,
633.646,
633.647,
633.648,
18
633.649,
633.650,
633.652,
633.653,
633.653A,
633.654,
633.655,
19
633.656,
633.657,
633.658,
633.659,
633.660,
633.661,
633.663,
20
633.664,
633.665,
633.666,
633.667,
633.668,
633.669,
633.670,
21
633.671,
633.672,
633.673,
633.675,
and
633.679,
Code
2019,
are
22
repealed.
23
DIVISION
III
24
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS
25
Sec.
103.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
26
2020.
27
Sec.
104.
APPLICABILITY.
This
Act
applies
January
1,
2020,
28
to
guardianships
and
conservatorships
proceedings
occurring
on
29
or
after
that
date.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
guardianships
and
conservatorships
for
34
adults
and
minors
and
provides
for
jurisdiction,
definitions,
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proceedings,
administration,
and
closing.
The
bill
creates
1
new
Code
chapter
633F
and
repeals
similar
provisions
from
Code
2
chapter
633.
The
new
Code
chapter
is
organized
into
five
3
subchapters:
jurisdictions,
definitions,
and
applicability;
4
guardianships
for
minors;
guardianships
for
adults;
5
conservatorships;
and
proceedings,
administration,
and
closing.
6
JURISDICTION,
DEFINITIONS,
AND
APPLICABILITY.
The
bill
7
provides
the
jurisdiction
for
minor
and
adult
guardianships
and
8
conservatorships.
The
bill
provides
that
district
courts
have
9
jurisdiction
over
all
conservatorships
and
adult
guardianships.
10
The
bill
provides
that
effective
for
petitions
filed
January
11
1,
2020,
the
juvenile
court
shall
have
exclusive,
original
12
jurisdiction
for
minor
guardianships.
The
bill
provides
that
13
existing
guardianships
as
of
that
date
shall
be
transferred
14
to
the
juvenile
court
if
requested
by
the
protected
person’s
15
attorney,
parent,
or
guardian,
or
if
requested
by
the
court.
16
Prior
to
January
1,
2020,
the
district
court
shall
have
17
jurisdiction
over
minor
guardianships.
18
The
bill
provides
definitions
for
the
following
terms:
19
adult,
clerk,
conservator,
court,
court
advisor,
demonstrated
20
lack
of
consistent
parental
participation,
fiduciary,
full
21
age,
functional
limitation,
guardian,
legal
custody,
legal
22
representative,
limited
conservatorship,
limited
guardianship,
23
loyalty,
minor,
parent,
person,
property,
protected
person,
24
prudence,
and
respondent.
25
“Court
advisor”
is
defined
as
a
person
appointed
by
the
26
court
to
investigate
and
report
information
relevant
to
27
a
guardianship
or
conservatorship
proceeding.
“Protected
28
person”
is
used
in
lieu
of
the
former
term
“ward”
and
is
29
defined
as
the
person
for
whom
a
guardian
or
conservator
has
30
been
appointed,
or
who
is
a
respondent
in
a
proceeding
under
31
the
new
Code
chapter.
“Respondent”
is
used
in
lieu
of
the
32
former
term
“proposed
ward”
and
is
defined
as
the
proposed
33
protected
person,
including
a
person
who
is
the
subject
of
34
other
proceedings
under
the
new
Code
chapter.
The
bill
makes
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corresponding
term
changes
to
the
use
of
the
terms
“ward”
and
1
“proposed
ward”
in
Code
chapter
633.
2
The
bill
provides
that
all
relevant
provisions
of
the
3
probate
code,
Code
chapter
633,
shall
apply
to
proceedings
to
4
the
extent
not
inconsistent
with
the
provisions
of
Code
chapter
5
633F.
6
GUARDIANSHIPS
FOR
MINORS.
The
bill
prescribes
the
venue
7
for
a
minor
guardianship
and
provides
for
the
transferring
of
8
a
case
in
the
best
interests
of
a
minor.
The
bill
sets
forth
9
the
requirements
of
what
must
be
submitted
in
a
petition
for
10
appointment
of
a
guardian
for
a
minor.
The
bill
prescribes
11
who
shall
receive
notice
of
the
filing
of
the
petition
of
12
appointment
of
a
guardian
for
a
minor,
order
appointing
counsel
13
for
the
respondent,
and
setting
a
hearing
on
the
petition.
The
14
bill
prescribes
who
shall
be
required
and
who
has
a
right
to
15
participate
in
the
hearing
for
appointment
of
a
guardian
for
16
a
minor.
The
bill
sets
forth
preferences
for
selection
of
a
17
guardian
for
a
minor.
18
The
bill
provides
for
a
process
for
a
standby
petition
for
19
appointment
of
a
guardian
for
a
minor
where
an
adult
person
20
having
physical
and
legal
custody
of
a
minor
may
execute
a
21
verified
petition
for
the
appointment
of
a
guardian
of
the
22
minor
upon
the
express
condition
that
the
petition
shall
be
23
acted
upon
by
the
court
only
upon
the
occurrence
of
an
event
24
specified
or
the
existence
of
a
described
condition
of
the
25
mental
or
physical
health
of
the
petitioner,
the
occurrence
of
26
which
event,
or
the
existence
of
which
conditions,
shall
be
27
established
in
the
manner
directed
in
the
petition.
28
The
bill
provides
a
process
for
appointment
of
a
guardian
for
29
a
minor,
which
includes
a
background
check
and
consideration
30
of
filing
a
child
in
need
of
assistance
petition.
The
bill
31
provides
for
two
processes
for
the
appointment
of
a
guardian:
32
one
that
provides
for
the
appointment
of
a
guardian
for
a
minor
33
without
parental
consent
and
one
that
provides
for
appointment
34
of
a
guardian
with
parental
consent.
The
bill
provides
for
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representation
of
a
minor
respondent,
providing
for
an
attorney
1
for
the
minor
respondent
if
the
court
determines
that
the
2
interests
of
the
minor
are
or
may
be
inadequately
represented.
3
The
bill
also
provides
for
representation
for
indigent
4
parents
of
a
minor
respondent,
providing
that
the
court
shall
5
appoint
an
attorney
for
the
parent
identified
in
the
petition
6
for
appointment
of
a
guardian
if
the
parent
objects
to
the
7
appointment
of
a
guardian,
the
parent
requests
appointment
of
8
an
attorney,
and
the
court
determines
that
the
parent
is
unable
9
to
pay
for
an
attorney
in
accordance
with
Code
section
232.141.
10
The
bill
provides
for
emergency
appointment
of
a
guardian
11
for
a
minor
when
the
petitioner
proves
by
a
clear
and
12
convincing
evidence
that
an
emergency
exists
justifying
13
the
need
for
an
immediate
appointment.
The
bill
provides
14
rights
for
the
protected
person
to
terminate
the
emergency
15
guardianship.
The
bill
details
the
duties
and
powers
of
16
a
guardian
for
a
minor.
The
bill
provides
a
process
to
17
transition
a
minor
guardianship
to
an
adult
guardianship.
18
GUARDIANSHIPS
FOR
ADULTS.
The
bill
sets
forth
the
19
requirements
of
what
must
be
submitted
in
a
petition
for
20
appointment
of
a
guardian
for
an
adult.
The
bill
prescribes
21
who
shall
receive
notice
of
the
filing
of
the
petition
to
22
appoint
a
guardian.
The
bill
provides
that
in
a
proceeding
23
for
the
appointment
of
a
guardian,
the
respondent
shall
be
24
given
written
notice
of
a
guardian’s
powers,
including
the
25
potential
deprivation
of
the
respondent’s
civil
rights.
The
26
bill
provides
the
process
for
determining
whether
to
appoint
27
a
guardian
or
whether
a
limited
guardianship
might
be
more
28
appropriate.
The
bill
requires
that
upon
a
filing
of
a
29
petition
for
appointment
of
a
guardian,
a
background
check
30
shall
be
conducted
when
determining
who
the
proposed
guardian
31
shall
be.
The
bill
discusses
all
of
the
areas
that
the
court’s
32
order
shall
address
in
the
appointment
of
a
guardian.
33
The
bill
provides
for
emergency
appointment
of
a
guardian
34
for
an
adult
when
the
petitioner
proves
by
a
clear
and
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convincing
evidence
that
an
emergency
exists
justifying
1
the
need
for
an
immediate
appointment.
The
bill
provides
2
rights
for
the
protected
person
to
terminate
the
emergency
3
guardianship.
4
The
bill
provides
that
the
court
shall
appoint
as
guardian
a
5
qualified
and
suitable
person
who
is
willing
to
serve
in
that
6
capacity
and
the
same
person
may
be
appointed
to
serve
as
both
7
guardian
and
conservator.
The
bill
provides
for
a
process
8
for
a
petition
for
the
appointment
of
a
guardian
on
a
standby
9
basis.
The
bill
prescribes
the
responsibilities
of
a
guardian.
10
The
bill
sets
forth
the
rights
of
a
protected
person
under
a
11
guardianship.
12
CONSERVATORSHIPS.
The
bill
sets
forth
the
requirements
13
of
what
must
be
submitted
in
a
petition
for
appointment
14
of
a
conservator.
The
bill
prescribes
who
shall
receive
15
notice
of
the
filing
petition
for
a
conservatorship.
The
16
bill
provides
that
in
a
proceeding
for
the
appointment
of
a
17
conservator,
the
respondent
shall
be
given
written
notice
of
a
18
conservator’s
powers,
including
the
potential
deprivation
of
19
a
respondent’s
civil
rights.
The
bill
provides
the
process
20
for
determining
whether
to
appoint
a
conservator
or
whether
a
21
limited
conservatorship
might
be
more
appropriate.
The
bill
22
requires
that
upon
a
filing
of
a
petition
for
appointment
of
23
a
conservatorship,
a
background
check
shall
be
conducted
when
24
determining
who
the
proposed
guardian
shall
be.
The
bill
25
discusses
all
of
the
areas
that
the
court’s
order
shall
address
26
in
the
appointment
of
a
conservator.
27
The
bill
provides
for
emergency
appointment
of
a
conservator
28
when
the
petitioner
proves
by
a
clear
and
convincing
evidence
29
that
an
emergency
exists
justifying
the
need
for
an
immediate
30
appointment.
The
bill
provides
rights
for
the
protected
person
31
to
terminate
the
emergency
conservatorship.
32
The
bill
provides
that
the
court
shall
appoint
as
33
conservator
a
qualified
and
suitable
person
who
is
willing
to
34
serve
in
that
capacity
and
the
same
person
may
be
appointed
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to
serve
as
both
guardian
and
conservator.
The
bill
provides
1
that
the
petition
for
appointment
of
a
guardian
for
an
adult
2
and
a
petition
for
a
conservator
for
an
adult
may
be
combined
3
and
the
cause
tried
in
the
same
manner
as
a
petition
for
the
4
appointment
of
a
conservator.
The
bill
provides
the
petition
5
for
appointment
of
a
guardian
for
a
minor
and
the
petition
6
for
the
appointment
of
a
conservator
of
a
minor
shall
not
be
7
combined.
The
bill
sets
forth
the
powers
of
a
protected
person
8
in
a
conservatorship.
The
bill
sets
forth
who
has
title
and
9
who
has
possession
of
a
protected
person’s
property.
The
bill
10
details
the
duties
and
powers
of
a
conservator.
11
The
bill
provides
that
there
is
a
presumption
of
fraud
in
a
12
conservatorship
if
a
contract,
transfer,
or
gift
is
made
by
a
13
protected
person
after
a
conservator
has
been
appointed.
The
14
bill
provides
for
a
procedure
in
lieu
of
a
conservatorship
for
15
money
or
other
property
due
to
a
minor
when
a
conservatorship
16
is
not
in
place.
17
The
bill
provides
for
a
procedure
for
the
appointment
of
a
18
conservator
for
an
adult
on
a
standby
basis
in
which
an
adult
19
person
of
sound
mind
may
execute
a
verified
petition
for
the
20
appointment
of
a
conservator
of
the
person’s
property
upon
the
21
express
condition
that
such
petition
shall
be
acted
upon
by
the
22
court
only
upon
the
occurrence
of
an
event
specified
or
the
23
existence
of
a
described
condition
of
the
mental
or
physical
24
health
of
the
petitioner,
the
occurrence
of
which
event,
or
25
the
existence
of
which
condition,
shall
be
established
in
the
26
manner
directed
in
the
petition.
27
The
bill
provides
for
a
procedure
for
a
standby
petition
for
28
appointment
of
a
conservator
for
a
minor.
The
bill
provides
29
that
an
adult
person
having
physical
and
legal
custody
of
a
30
minor
may
execute
a
verified
petition
for
the
appointment
31
of
a
conservator
of
the
minor
upon
the
express
condition
32
that
the
petition
shall
be
acted
upon
by
the
court
only
upon
33
the
occurrence
of
an
event
specified
or
the
existence
of
a
34
described
condition
of
the
mental
or
physical
health
of
the
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petitioner,
the
occurrence
of
which
event,
or
the
existence
of
1
which
condition,
shall
be
established
in
the
manner
directed
2
in
the
petition.
The
petition,
in
addition
to
containing
the
3
information
required
in
new
Code
section
633F.28,
shall
include
4
a
statement
that
the
petitioner
understands
the
result
of
a
5
conservator
being
appointed
for
the
minor.
An
appointment
of
a
6
conservator
for
a
minor
shall
only
be
effective
until
the
minor
7
attains
full
age.
8
The
bill
provides
a
process
for
when
a
person
owns
property
9
located
in
the
state
of
Iowa,
the
person’s
whereabouts
10
are
unknown,
and
no
provision
for
the
care,
control,
and
11
supervision
of
such
property
has
been
made,
with
the
result
12
that
such
property
may
be
lost,
damaged,
or
diminished
in
13
value,
or
that
the
dependents
of
such
owners
are
likely
to
be
14
deprived
of
means
of
support
because
of
such
absence.
The
15
bill
allows
any
adult
person
to
file
with
the
clerk
a
petition
16
for
the
appointment
of
a
conservator
of
such
property
of
the
17
absentee.
The
bill
provides
a
process
for
the
appointment
of
18
a
foreign
conservator.
The
bill
provides
a
process
for
the
19
disposition
of
a
protected
person’s
will.
The
bill
provides
20
for
rules
governing
claims
against
protected
persons
or
21
conservators.
22
PROCEEDINGS,
ADMINISTRATION,
AND
CLOSING.
The
bill
provides
23
that
a
petitioner
or
respondent
may
submit
a
professional
24
evaluation
in
a
matter
concerning
the
granting,
modifying,
25
or
terminating
of
a
guardianship
or
conservatorship
for
26
the
respondent.
The
bill
requires
that
the
court
order
27
a
professional
evaluation
unless
the
court
finds
it
has
28
sufficient
information
to
determine
whether
the
criteria
for
a
29
guardianship
or
conservatorship
are
met
or
the
petition
or
the
30
petitioner
or
respondent
has
filed
a
professional
evaluation.
31
The
bill
provides
additional
guidelines
to
govern
professional
32
evaluations
and
how
a
court
shall
consider
professional
33
evaluations.
34
The
bill
provides
direction
for
the
position
of
a
court
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advisor
including
what
the
court
advisor
shall
do
when
1
appointed
by
the
court.
The
bill
specifies
that
the
role
of
2
the
court
advisor
is
to
gather
and
report
factual
information
3
that
will
assist
the
court
in
making
custody,
visitation,
or
4
other
decisions
related
to
the
welfare
of
the
respondent.
The
5
bill
specifies
that
the
same
person
shall
not
serve
both
as
6
the
attorney
representing
the
respondent
and
as
court
advisor.
7
Additionally,
the
bill
specifies
that
in
a
guardianship
8
or
conservatorship
proceeding,
the
court
shall
not
appoint
9
a
guardian
ad
litem.
The
bill
sets
forth
what
the
court
10
advisor’s
written
report
shall
entail
and
that
the
report
shall
11
be
made
part
of
the
court
record
unless
otherwise
ordered
by
12
the
court.
13
The
bill
provides
for
the
appointment
of
an
attorney
for
14
adult
respondents
and
protected
persons
in
conservatorships
and
15
adult
respondents
and
protected
persons
in
guardianships
and
16
sets
forth
the
duties
of
the
attorney
representing
a
respondent
17
or
protected
person.
The
bill
provides
for
the
cost
of
18
court-appointed
attorneys
for
indigents
to
be
assessed
against
19
the
county
in
which
the
proceedings
are
pending.
20
The
bill
provides
that
the
district
court
may,
on
its
own
21
motion
or
on
the
motion
of
any
party,
order
the
parties
to
22
participate
in
mediation
in
any
guardianship
or
conservatorship
23
action.
The
bill
provides
that
the
mediation
shall
be
24
conducted
in
accordance
with
Code
chapter
679C
and
standards
25
set
forth
by
the
bill.
26
The
bill
provides
that
the
appointment
of
a
guardian
or
27
conservator
does
not
create
a
presumption
that
the
protected
28
person
lacks
testamentary
capacity.
The
bill
describes
the
29
reporting
requirements
of
guardians
and
conservators.
30
The
bill
provides
that
the
court
may
conduct
a
hearing
to
31
determine
whether
the
removal
of
a
guardian
or
conservator
is
32
appropriate
in
certain
circumstances
set
forth
in
the
bill.
33
The
bill
sets
forth
additional
guidelines
regarding
the
removal
34
of
a
guardian
or
conservator.
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The
bill
sets
forth
criteria
to
govern
the
termination
or
1
modification
of
guardianships
and
conservatorships.
The
bill
2
provides
that
in
proceedings
to
establish,
modify,
or
terminate
3
a
guardianship
or
conservatorship,
or
to
remove
a
guardian
4
or
conservator,
the
case
shall
be
tried
as
a
law
action
and
5
governed
by
the
rules
of
civil
procedure
subject
to
several
6
requirements
set
forth
in
the
bill.
The
bill
provides
that
the
7
compensation
of
guardians,
conservators,
guardian’s
attorneys,
8
and
conservator’s
attorneys
shall
be
fixed
according
to
Code
9
section
633.200.
The
bill
describes
the
liability
of
guardians
10
and
conservators
for
their
own
acts
or
omissions
taken
or
made
11
in
the
official
discharge
of
their
duties
and
for
the
acts
of
12
the
protected
person.
13
The
bill
provides
that
a
protected
person
shall
be
charged
14
with
the
court
costs
of
the
protected
person’s
guardianship
15
and
conservatorship
proceedings,
including
guardian’s
and
16
conservator’s
fees,
and
the
fees
of
attorneys
representing
17
guardians
and
conservators.
The
bill
provides
that
in
the
18
case
of
indigency,
the
court
may,
upon
application,
waive
19
payment
of
court
costs.
However,
the
bill
provides
that
if
20
the
protected
person
becomes
financially
capable
of
paying
21
any
waived
costs,
the
costs
shall
no
longer
be
waived
and
are
22
immediately
payable.
The
bill
provides
that
the
provisions
of
23
Code
chapter
633
are
applicable
to
all
fiduciaries
and
govern
24
the
appointment,
qualification,
oath,
and
bond
of
guardians
and
25
conservators
with
two
exceptions.
26
The
bill
repeals
numerous
sections
in
the
probate
code
and
27
makes
conforming
changes
throughout
the
Code.
28
The
bill
takes
effect
January
1,
2020.
The
bill
applies
to
29
guardianship
and
conservatorship
proceedings
on
or
after
that
30
date.
31
-83-
LSB
1461XC
(12)
88
asf/jh
83/
83