SSB 1242 (LSB 1461XC (12) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to guardianships and conservatorships for adults and minors and providing for jurisdiction, definitions, proceedings, administration, and closing, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
GUARDIANSHIPS AND CONSERVATORSHIPS

    Section 1.  NEW SECTION.  633F.1  Jurisdiction.
   1.  The juvenile court shall have exclusive, original jurisdiction of all proceedings governing minor guardianships for petitions filed on or after January 1, 2020. Prior to January 1, 2020, the district court shall have exclusive, original jurisdiction of all proceedings governing minor guardianships. Existing minor guardianships as of January 1, 2020, shall be transferred to the juvenile court if requested by the protected person’s attorney, parent, or guardian, or if directed by the court. 
   2.  Proceedings governing the appointment of conservators and the appointment of guardians for adults; the granting of letters of conservatorship and the granting of letters of guardianship for adults; and the administration, settlement, and closing of conservatorships and the administration, settlement, and closing of guardianships for adults shall be in district court, unless moved elsewhere by a court order.
    Sec. 2.  NEW SECTION.  633F.2  Definitions and use of terms.
   When used in this chapter, unless otherwise required by the context, the following words and phrases shall be construed as follows:
   1.  “Adult” means an individual eighteen years of age or older.
   2.  “Clerk” means clerk of the court in the county in which the matter is pending.
   3.  “Conservator” means a person appointed by the court to have the custody and control of the property of a protected person.
   4.  “Court” means the Iowa district court sitting in probate and includes any Iowa district court judge and any Iowa district associate court judge or associate probate judge, and the Iowa juvenile court, and includes any Iowa juvenile judge and Iowa associate juvenile judge, presiding over minor guardianships.
   5.  “Court advisor” means a person appointed by the court to investigate and report information relevant to a guardianship or conservatorship proceeding.
   6.  “Demonstrated lack of consistent parental participation” means the refusal or inability of a parent to comply with the duties and responsibilities imposed upon a parent by the parent-child relationship, including but not limited to providing the minor with necessary food, clothing, shelter, health care, education, and other care and supervision necessary for the minor’s physical, mental, and emotional health and development.
   7.  “Fiduciary” includes guardian and conservator.
   8.  “Full age” means the state of legal majority attained by having arrived at the age of eighteen years; having married, even if such marriage has been terminated by divorce; or having been declared to be emancipated by a court of competent jurisdiction.
   9.  “Functional limitations” means the behavior or condition of a person which impairs the person’s ability to care for the person’s personal safety, to attend to or provide for necessities for the person, or to make, communicate, or carry out important decisions concerning the person’s financial affairs.
   10.  “Guardian” means the person appointed by the court to have the custody of the protected person under the provisions of this chapter.
   11.  “Legal custody” means an award to a parent or guardian under which a parent or guardian has custodial rights and responsibilities toward a minor child, which includes decision making affecting the child’s legal status, medical care, education, extracurricular activities, and religious instruction.
   12.  “Legal representative” includes an attorney; guardian; conservator; a person appointed under power of attorney; court-appointed custodian; representative payee for social security purposes, veterans affairs benefits, or any other representative receiving federal or state benefits on behalf of a protected person; trustee; or federal fiduciary.
   13.  “Limited conservatorship” means a conservatorship that grants the conservator less than all powers available under this chapter or otherwise restricts the powers of the conservator.
   14.  “Limited guardianship” means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian.
   15.  “Loyalty” means actions solely in the best interests of a protected person and with due regard to a protected person’s wishes.
   16.  “Minor” means an unmarried individual under the age of eighteen years who has not become emancipated pursuant to chapter 232C.
   17.  “Parent” means a biological or adoptive mother or father of a child; or an individual whose parental status has been established by operation of law due to the individual’s marriage to the mother at the time of conception or birth of the child, by order of a court of competent jurisdiction, or by an administrative order when authorized by state law. “Parent” does not include a mother or father whose parental rights have been terminated.
   18.  “Person” includes natural persons and corporations.
   19.  “Property” includes both real and personal property.
   20.  “Protected person” means the person for whom a guardian or conservator has been appointed, or who is a respondent in a proceeding under this chapter.
   21.  “Prudence” means being careful in the way a conservator makes decisions or spends money so that the conservator avoids unnecessary risk by considering the purposes, terms, distribution requirements, and other circumstances of the conservatorship.
   22.  “Respondent” means the proposed protected person, including a person who is the subject of other proceedings under this chapter.
    Sec. 3.  NEW SECTION.  633F.3  Applicability of chapter 633.
   All relevant provisions of the probate code, chapter 633, shall apply to proceedings to the extent not inconsistent with the provisions of this chapter.
    Sec. 4.  NEW SECTION.  633F.4  Venue.
   1.  Venue for proceedings under this subchapter shall be in the judicial district where the minor customarily resides at the time the proceeding is initiated. The court may transfer any minor guardianship proceeding brought under this subchapter to the juvenile court of another county if the court determines one of the following: 
   a.  Such a transfer is in the best interest of the minor and will assist the court in monitoring and reviewing the guardianship.
   b.  The respondent minor and the guardian consent to the transfer and the court finds good cause for the transfer.
   2.  The court shall transfer the case by ordering the transfer and a continuance by forwarding to the clerk of the receiving court a certified copy of all papers filed together with an order of transfer. The judge of the receiving court shall either accept the filings of the transferring court, or direct the filing of a new petition upon a finding that it would be in the minor respondent’s best interest to do so.
    Sec. 5.  NEW SECTION.  633F.5  Petition for appointment of guardian for a minor.
   1.  Any adult, or minor at least fourteen years of age for whom the petition is sought, may file with the clerk a verified petition for the appointment of a guardian of a minor. The petition shall include all of the following:
   a.  The petitioner’s name, residential and electronic mail addresses, and the relationship of the petitioner to the respondent.
   b.  The respondent’s name, date of birth, county of residence, and, to the extent known, the following: place of residence, address, and the address of any other residence and the name and address of any facility at which the respondent has resided within the six-month period before the filing of the petition.
   c.  To the extent known, the names, residential and electronic mail addresses, and phone numbers of all of the following persons:
   (1)  The respondent’s parents, if any.
   (2)  The respondent’s adult siblings.
   (3)  If none of the previous, then at least one adult nearest in kinship to the respondent.
   (4)  Any adult who has had the primary care or custody of the respondent or with whom the respondent has resided within six months immediately prior to the filing of the petition, if any.
   (5)  Any attorney or other legal representative of the respondent.
   (6)  Any attorney or other legal representative of the respondent’s parents.
   d.  The name and address of any qualified and suitable proposed guardian and the reason the court should accept the proposed guardian.
   e.  The reasons why a guardianship is sought and would be in the best interests of the respondent.
   f.  The powers to be granted to the guardian and whether a limited guardianship is appropriate.
   g.  Whether the petitioner seeks a change of the respondent’s residence or school district.
   h.  To the extent known, a statement of any other proceedings concerning the care or custody of the respondent pending in any court in this state or any other jurisdiction.
   2.  Except as required by section 633F.6, any persons identified pursuant to subsection 1, paragraph “c”, are not entitled to notice of the filing of the petition.
   3.  If a minor guardianship proceeding under this chapter pertains to an Indian child as defined in section 232B.3 and the proceeding is subject to the Iowa Indian child welfare Act under chapter 232B, the proceeding and other actions taken in connection with the proceeding shall comply with chapter 232B.
   4.  The information required by section 598B.209 shall be contained as part of the petition or in an attached affidavit to the petition. 
    Sec. 6.  NEW SECTION.  633F.6  Notice to minor respondent.
   1.  If the respondent is at least fourteen years of age and subsection 3 does not apply, notice of the filing of the petition and the order appointing counsel for the respondent and setting hearing on the petition shall be served upon the respondent in the manner of an original notice and the content of the notice is governed by the rules of civil procedure governing original notice. If the respondent has retained an attorney or an attorney has been appointed by the court for the respondent, the petitioner shall provide the respondent and the respondent’s attorney with a copy of the original notice.
   2.  If the respondent has not attained the age of fourteen years of age or if subsection 3 applies, the petitioner shall serve such notice upon the respondent by mailing the attorney representing the respondent or the court advisor appointed in the proceeding, a copy of the original notice.
   3.  If the respondent is at least fourteen years of age and the court, for good cause shown, determines that the respondent should not be served an original notice as otherwise required under subsection 1, the respondent shall be served as provided in subsection 2. 
   4.  Notice shall also be served upon the respondent’s known parents listed in the petition in the manner of an original notice and the parents’ attorney if appointed in accordance with section 633F.7.
   5.  As stated in the petition, notice shall also be mailed to all of the following persons:
   a.  Any adult with whom the respondent has resided in the six-month period preceding the filing of the petition.
   b.  If the respondent has no parents, to the respondent’s adult siblings, or if none, to at least one adult nearest in kinship to the respondent.
   6.  Any notice required to be mailed under this section shall conform to the requirements set forth in section 633.40, subsection 5.
    Sec. 7.  NEW SECTION.  633F.7  Attendance and participation at hearing for appointment of guardian for minor.
   1.  Unless excused by the court for good cause shown, the attorney for the respondent, the petitioner, and the proposed guardian shall attend the hearing on the petition.
   2.  The respondent shall be entitled to attend the hearing on the petition if the respondent is of an age appropriate to attend the hearing. A presumption shall exist that a respondent fourteen years of age or older is of an age appropriate to attend the hearing.
   3.  Any parent of a respondent has the right to attend such hearing.
   4.  A person may request permission to participate in such hearing. The court may grant the request, with or without hearing, on determining that it is in the best interests of the respondent. The court may impose appropriate conditions on the person’s participation.
    Sec. 8.  NEW SECTION.  633F.8  Preference for selection of guardian for a minor.
   1.  The court shall appoint as guardian a qualified and suitable person who is willing to serve subject to the preferences as to the appointment of a guardian set forth in subsections 2 and 3.
   2.  In appointing a guardian for a minor whose parents are deceased, the court shall give preference to a person, if qualified and suitable, nominated as guardian for the minor by a will that was executed by the parent or parents having legal custody of the minor at the time of the parent’s or parents’ death, and that was admitted to probate under chapter 633 or 635 or delivered to the clerk under section 633.356.
   3.  In appointing a guardian for a minor, the court shall give preference, if qualified and suitable, to a person requested by a minor fourteen years of age or older.
    Sec. 9.  NEW SECTION.  633F.9  Standby petition for appointment of guardian for a minor.
   1.  An adult person having physical and legal custody of a minor may execute a verified petition for the appointment of a guardian of the minor upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition. The petition, in addition to containing the information required in section 633F.5, shall include a statement that the petitioner understands the result of a guardian being appointed for the minor. An appointment of a guardian for a minor shall only be effective until the minor attains full age.
   2.  A standby petition may nominate a person for appointment to serve as guardian as well as alternate guardians if the nominated person is unable or unwilling or is removed as guardian. The court in appointing the guardian shall appoint the person or persons nominated by the petitioner unless the person or persons are not qualified or for other good cause and shall give due regard to other requests and recommendations contained in the petition. 
   3.  A standby petition may be deposited with the clerk of the county in which the minor resides or with any person nominated by the petitioner to serve as guardian. 
   4.  A standby petition may be revoked by the petitioner at any time before appointment of a guardian by the court, provided that the petitioner is of sound mind at the time of revocation. Revocation shall be accomplished by the destruction of the petition by the petitioner, or by the execution of an acknowledged instrument of revocation. If the petition has been deposited with the clerk, the revocation may likewise be deposited there.
   5.  If the standby petition has been deposited with the clerk under the provisions of subsection 3 and has not been revoked under the provisions of subsection 4, the petition may be filed with the court upon the filing of a verified statement to the effect that the occurrence of the event or the condition provided for in the petition has occurred. If the petition has not been deposited with the clerk under the provisions of subsection 3 and has not been revoked under the provisions of subsection 4, then the petition shall be filed with the court at the time a verified statement that the occurrence of the event or the condition provided for in the petition has occurred is filed with the court in the county where the minor then resides. Upon filing of the petition and verified statement, the minor shall then become the respondent and the person filing the verified statement shall become the petitioner and the proceedings shall be thereafter conducted as provided for in this chapter.
    Sec. 10.  NEW SECTION.  633F.10  Appointment of guardian for a minor.
   1.  Upon the filing of the petition for appointment of a guardian for a minor, the court shall request records of child abuse, dependent adult abuse, sex offender registries, and criminal convictions, in the state of the proposed guardian’s residence unless the proposed guardian has undergone these required background checks within the prior twelve months. The court shall consider these records and other information regarding the proposed guardian that it deems appropriate prior to determining whether the proposed guardian is qualified and suitable to serve as guardian for the respondent. The petitioner shall be responsible for paying the costs of obtaining background information described in this section unless the court waives such costs for good cause shown.
   2.  Prior to granting a petition for guardianship, the court shall consider whether the filing of a child in need of assistance petition is appropriate under section 232.87. If the court determines a child in need of assistance petition may be appropriate, the court shall notify the department of human services or the county attorney. The court may appoint a guardian for a respondent in a child in need of assistance case under section 232.101A, 232.103A, or 232.104.
    Sec. 11.  NEW SECTION.  633F.11  Appointment of guardian for a minor with parental consent.
   1.  The court shall appoint a guardian for a minor if the court finds all of the following:
   a.  The parent or parents having legal custody of the minor understand the nature of the guardianship and knowingly and voluntarily consent to the guardianship.
   b.  The minor is in need of a guardianship because of any of the following:
   (1)  The parent having legal custody of the minor has a physical or mental illness that prevents the parent from providing care and supervision of the child.
   (2)  The parent having legal custody of the minor is incarcerated.
   (3)  The parent having legal custody of the minor is on active military duty.
   (4)  The minor is in need of a guardianship for some other reason constituting good cause shown.
   c.  Appointment of a guardian for the minor is in the best interest of the minor.
   2.  If the guardianship petition requests a guardianship with parental consent, the petition shall include an affidavit signed by the parent or parents verifying that the parent or parents knowingly and voluntarily consent to the guardianship. The consent required by this subsection shall be on a form prescribed by the judicial branch.
   3.  On or before the date of the hearing on the petition, the parent or parents and the proposed guardian shall file an agreement with the court. This agreement shall state the following:
   a.  The responsibilities of the guardian.
   b.  The responsibilities of the parent or parents.
   c.  The expected duration of the guardianship, if known.
   4.  If the court grants the petition, the court shall approve the guardianship agreement between the custodial parent and the proposed guardian and incorporate its terms by reference unless the court finds the agreement was not reached knowingly and voluntarily or is not in the best interests of the minor.
    Sec. 12.  NEW SECTION.  633F.12  Appointment of guardian for a minor without parental consent.
   1.  The court shall appoint a guardian for a minor without the consent of the parent or parents having legal custody of the minor if the court finds by clear and convincing evidence one of the following:
   a.  Appointment of a guardian is in the best interest of the minor and no parent of the respondent is willing or able to adequately exercise the powers the court would grant to the guardian.
   b.  The respondent has a person serving as de facto guardian, and the court finds a demonstrated lack of consistent participation in the respondent’s life by the parent or parents with legal custody after considering all of the following:
   (1)  The intent and circumstances of the parent or parents when placing the respondent in the de facto guardian’s care and supervision.
   (2)  The amount of communication and visitation by the parent or parents with the respondent while in the de facto guardian’s care and supervision. 
   (3)  Whether the parent or parents have refused to comply with any conditions for retaining custody of the respondent in prior court orders.
   2.  In appointing a guardian, the court’s order shall address all of the following:
   a.  Whether a limited guardianship is appropriate.
   b.  Whether any terms of any agreement between the custodial parents or parents and the proposed guardian should be modified, or that the agreement was not reached knowingly and voluntarily.
   c.  The reasons why the appointment of a guardian is in the respondent’s best interests.
   d.  That all respondents have been provided with notice of the right to representation by an attorney, the right to be personally present in hearings on a petition, and evidence of whether notification was provided pursuant to the order on whether to appoint a guardian.
   e.  The reporting period to be covered by the guardian’s first annual report.
   3.  A proceeding under this section shall not create a new eligibility category for the department of human services protective services.
    Sec. 13.  NEW SECTION.  633F.13  Representation for minor respondent.
   1.  Upon the filing of a petition for appointment of a guardian pursuant to section 633F.5, the court shall appoint an attorney for the minor, if the court determines that the interests of the minor are or may be inadequately represented.
   2.  An attorney representing the minor shall advocate for the wishes and views of the minor to the extent that those wishes and views are reasonably ascertainable and advocate for best interest of the minor if the wishes and views of the minor are not reasonably ascertainable.
    Sec. 14.  NEW SECTION.  633F.14  Representation for indigent parent or parents of minor respondent.
   Upon the filing of a petition for appointment of a guardian pursuant to section 633F.5, the court shall appoint an attorney for the parent identified in the petition if all of the following are true:
   1.  The parent objects to the appointment of a guardian for the minor.
   2.  The parent requests appointment of an attorney and the court determines that the parent is unable to pay for an attorney in the same manner as in section 232.141.
    Sec. 15.  NEW SECTION.  633F.15  Emergency appointment of guardian for a minor.
   1.  The court may appoint a guardian for a minor ex parte only when the petitioner proves by clear and convincing evidence that an emergency exists justifying the need for an immediate appointment. This subsection does not apply to a protected person with an actively serving guardian. The order appointing a guardian under this section shall include a list of powers of the guardian, which powers shall be only such powers as the court deems necessary to address the emergency justifying the appointment.
   2.  The petition for emergency appointment must include the contents of section 633F.5, subsection 1, paragraphs “a”, “b”, “c”, and “d”.
   3.  Upon appointment as a guardian under this section, the guardian shall provide notice of such appointment to all persons required to be given notice under section 633F.6.
   4.  A protected person shall be entitled to a hearing within five days after the filing of a motion by the protected person asking that the emergency guardianship be terminated. A motion may also be filed by a legal representative of the protected person or a parent of the protected person.
   5.  A guardianship under this section shall terminate twenty-eight days after the order of appointment is entered.
    Sec. 16.  NEW SECTION.  633F.16  Duties of guardian for a minor.
   1.  A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor’s safety, care, education, health, and welfare. A guardian shall act in the minor’s best interest and exercise reasonable care, diligence, and prudence.
   2.  A guardian of a minor shall do all of the following:
   a.  Meet with and maintain sufficient contact with the minor to know of the minor’s abilities, limitations, needs, opportunities, and physical and mental health.
   b.  Take reasonable care of the minor’s personal effects and may bring a proceeding for a conservatorship or protective arrangement instead of conservatorship, if necessary to protect other property of the minor.
   c.  Inform the court of any change in the minor’s dwelling, address, or school district.
   d.  In determining what is in the minor’s best interest, take into account the minor’s preferences to the extent actually known or reasonably ascertainable by the guardian.
    Sec. 17.  NEW SECTION.  633F.17  Powers of guardian for a minor.
   1.  Except as otherwise limited by the court, a guardian of a minor has the powers a parent would otherwise have regarding the minor’s safety, care, education, health, and welfare.
   2.  A guardian of a minor may do any of the following:
   a.  If consistent with the terms of any order by a court of competent jurisdiction relating to custody of the minor, take custody of the minor and establish the minor’s place of dwelling, but shall not establish or move the minor’s dwelling outside the state without prior authorization of the court.
   b.  Consent to and arrange for emergency and routine medical, dental or other care, treatment, or service for the minor.
   c.  To the extent reasonable, delegate to the minor responsibilities for decisions affecting the minor’s well-being.
   d.  Any other powers the court may specify.
   3.  The court may authorize a guardian of a minor to consent to adopt the minor who does not have a living parent.
   4.  A guardian of a minor may consent to the marriage of the minor upon receipt of prior court authorization.
    Sec. 18.  NEW SECTION.  633F.18  Petitions to transition from minor to adult guardianships.
   Within six months of a protected person’s eighteenth birthday, the guardian may petition the court to continue the guardianship beyond the protected person’s eighteenth birthday for the reasons stated in the guardian’s petition. The court shall set a hearing date on a petition under this section to be between twenty days after the order setting the hearing is entered, and sixty days before the protected person’s eighteenth birthday. The respondent shall be present at the hearing unless the court finds good cause for the absence of the respondent. If the respondent is not present, the court shall make a record of the lack of presence. The court shall make reasonable accommodations to enable the respondent to be present at the hearing. Notice of the hearing shall be mailed to all persons who would be entitled to notice of a hearing on a petition for guardianship by the same petitioner for the same respondent, if the respondent was of full age.
    Sec. 19.  NEW SECTION.  633F.19  Petition for appointment of guardian.
   Any adult person may file with the clerk a verified petition for the appointment of guardian. The petition shall state all of the following: 
   1.  The petitioner’s name, address, and electronic mail address, the relationship of the petitioner to the respondent, and, to the extent known, all of the following:
   a.  The respondent’s name, age, county of residence, place of residence, address, the address of any other residence, and the name and address of any facility at which the respondent has resided within the six-month period before the filing of the petition.
   b.  The names and addresses of:
   (1)  Respondent’s spouse and all adult children of the respondent.
   (2)  If there are no persons in subparagraph (1), then respondent’s living parents and adult siblings.
   (3)  If there are no persons in subparagraphs (1) and (2), then at least one adult nearest in kinship to the respondent.
   (4)  If there are no persons in subparagraphs (1) through (3), then any adults with whom the respondent has resided within the six months before the filing of the petition.
   (5)  Any legal representative of the respondent.
   (6)  Any person nominated as guardian by the respondent and the document in which the person was nominated.
   2.  The name and address of any proposed guardian and the reason the court should accept the proposed guardian.
   3.  The reasons why the guardianship is necessary, including a brief description of the respondent’s alleged functional limitations which make the respondent unable to care for the respondent’s personal safety or to attend to or provide for necessities such as food, shelter, clothing, or medical care, without which physical injury or illness may occur.
   4.  Whether the petitioner seeks a change of the respondent’s residence.
   5.  The powers to be granted to the guardian and the reasons a limited guardianship is inappropriate.
   6.  That a guardianship is the least restrictive means to protect the best interests of the respondent.
   7.  Whether the respondent is capable of requesting an attorney and whether appointment of a court advisor is appropriate. 
   8.  Except as required by section 633F.20, any persons identified pursuant to subsection 1, paragraph “b”, are not entitled to notice of hearings on the petition. 
    Sec. 20.  NEW SECTION.  633F.20  Notice to respondent.
   1.  Except where the respondent is the petitioner, notice of the filing of a petition to appoint a guardian shall be served upon the respondent in the manner of an original notice and the content of the notice is governed by the rules of civil procedure governing original notice. 
   2.  Notice shall also be mailed to the following persons, to the extent known to the petitioner:
   a.  The respondent’s legal representative.
   b.  The spouse and adult children of the respondent.
   c.  If there are no persons in paragraphs “a” and “b”, then to the respondent’s adult grandchildren.
   d.  If there are no persons in paragraphs “a” through “c”, then to the respondent’s parents and adult siblings.
   e.  If there are no persons in paragraphs “a” through “d”, then to any adult with whom respondent has resided in the six-month period preceding the filing of the petition, and any adult who has assisted the respondent with decision making for such period. 
   f.  If there are no persons in paragraphs “a” through “e”, then at least one adult in the priority shown in section 633.219.
   3.  Any notice required to be mailed under this section shall conform to section 633.40, subsection 5.
    Sec. 21.  NEW SECTION.  633F.21  Notification of guardianship powers.
   In a proceeding for the appointment of a guardian, the respondent shall be given written notice, as provided in section 633F.20, which advises the respondent that, if a guardian is appointed, the guardian may, without court approval, provide for the care of the respondent, manage the respondent’s personal property and effects, assist the respondent in developing self-reliance and receiving professional care, counseling, treatment, or services as needed, and ensure that the respondent receives necessary emergency medical services. The notice shall also advise the respondent that, upon the court’s approval, the guardian may change the respondent’s permanent residence to a more restrictive residence. The notice shall also advise the respondent that, without court approval, the guardian may arrange for certain routine medical procedures for the respondent. The notice shall clearly advise the respondent in boldface type of a minimum size of ten points, of the right to counsel and the potential deprivation of the respondent’s civil rights. The notice shall also state that the respondent may use the respondent’s own attorney instead of an attorney appointed by the court. 
    Sec. 22.  NEW SECTION.  633F.22  Appointment of guardian.
   1.  If the court finds by clear and convincing evidence that the respondent’s decision-making capacity is so impaired that the respondent is unable to care for the respondent’s personal safety or to attend to or provide for the respondent’s necessities such as food, shelter, clothing, or medical care, without which physical injury or illness may occur, and the court finds there are no less restrictive alternatives that will protect the respondent, the court shall appoint a guardian. 
   2.  In appointing a guardian, the court shall consider the functional abilities and limitations of the respondent and whether a limited guardianship is appropriate.
   3.  If the court appoints a guardian for a respondent who has been diagnosed as having an intellectual disability, the court shall make a separate determination as to the respondent’s competency to vote. The court shall find a respondent incompetent to vote only upon determining that the person lacks sufficient mental capacity to comprehend and exercise the right to vote.
   4.  Upon the filing of the petition for appointment of a guardian, the court shall request records of child abuse, dependent adult abuse, sex offender registries, and criminal convictions, in the state of the proposed guardian’s residence unless the proposed guardian has undergone these required background checks within the prior twelve months. The court shall consider these records and other information regarding the proposed guardian that it deems appropriate prior to determining whether the proposed guardian is qualified and suitable to serve as guardian for the respondent. The petitioner shall be responsible for paying the costs of obtaining background information described in this subsection unless the court waives such costs for good cause shown.
   5.  In appointing a guardian, the court’s order shall address all of the following:
   a.  Whether a limited guardianship is appropriate.
   b.  The reasons why the appointment of a guardian is in the respondent’s best interests.
   c.  That the respondent has been provided with notice of the right to representation by an attorney, the right to be personally present in hearings on a petition, and evidence of whether notification was provided pursuant to the order on whether to appoint a guardian.
   d.  The reporting period to be covered by the guardian’s first annual report.
    Sec. 23.  NEW SECTION.  633F.23  Emergency appointment of guardian.
   1.  The court may appoint a guardian ex parte only when the petitioner proves by clear and convincing evidence that an emergency exists justifying the need for an immediate appointment. This subsection does not apply to a protected person with an actively serving guardian. The order appointing a guardian under this section shall include a list of powers of the guardian, which powers shall be only such powers as the court deems necessary to address the emergency justifying the appointment.
   2.  Upon appointment as a guardian under this section, the guardian shall provide notice of such appointment to all persons required to be given notice under section 633F.20.
   3.  A protected person shall be entitled to a hearing within five days after the filing of a motion by the protected person asking that the emergency guardianship be terminated.
   4.  A guardianship under this section shall terminate twenty-eight days after the order of appointment is entered.
    Sec. 24.  NEW SECTION.  633F.24  Preference as to appointment of guardian.
   The court shall appoint as guardian a qualified and suitable person who is willing to serve in that capacity. The same person may be appointed to serve as both guardian and conservator.
    Sec. 25.  NEW SECTION.  633F.25  Appointment of guardian on a standby basis.
   1.  A petition for the appointment of a guardian on a standby basis may be filed by any adult person under the same procedure and requirements as provided in sections 633.596, 633.597, and 633F.41 for appointment of standby conservator, insofar as applicable. In all proceedings to appoint a guardian, the court shall consider whether a limited guardianship is appropriate. 
   2.  If prior to the time of hearing on a petition for the appointment of a guardian or a conservator, a petition is filed under the provisions of this section or section 633F.19, 633F.28, or 633F.41, subsection 1, the court shall combine the hearing on such petitions and determine who shall be appointed guardian or conservator, and such petition shall be triable to the court.
    Sec. 26.  NEW SECTION.  633F.26  Responsibilities of guardian.
   1.  A guardian is a fiduciary. A guardian shall have the following responsibilities:
   a.  Treat protected persons with dignity and respect.
   b.  Promote self-determination of the protected persons, to the extent reasonably possible, by involving them in decisions that affect them and by considering their wishes, values, and preferences in making decisions on their behalf.
   c.  In making decisions for a protected person, make the decisions known or reasonably believed the protected person would make if able unless such a decision would unreasonably harm or endanger the protected person’s welfare or interest. If the guardian does not know or cannot reasonably ascertain the decisions that the protected person would make if able, or if making such a decision would unreasonably harm or endanger the protected person’s welfare, the guardian shall act in the protected person’s best interest.
   d.  Maintain regular contact with the protected person to the extent reasonably possible.
   e.  Make a good-faith effort to cooperate with other legal representatives of the protected person.
   2.  Based upon evidence produced at the hearing, the court may grant a guardian the following powers and duties which may be exercised without additional court approval:
   a.  Providing for the care, comfort, and maintenance of the protected person, including appropriate training and education to maximize the protected person’s potential. 
   b.  Taking reasonable care of the protected person’s clothing, furniture, vehicle, and other personal effects.
   c.  Ensuring the protected person receives necessary emergency medical services.
   d.  Ensuring the protected person receives appropriate professional care, counseling, and medical treatment and services limited to preventive and diagnostic services and treatment related to a specific illness, symptom, complaint, or injury.
   e.  Changing the protected person’s permanent residence to an arrangement that is less restrictive of the protected person’s ability to leave or have visitors than the arrangement at the time of the guardian’s appointment.
   f.  Placing reasonable time, place, or manner restrictions on communication, visitation, or interaction between the protected person and another person.
   g.  Any other powers or duties the court may specify.
   3.  The court in issuing any order shall take into account all the available information concerning the capabilities of the protected person including any additional evaluation deemed necessary and the availability of third-party assistance to meet the needs of the protected person.
   4.  The court may direct that the guardian have only limited responsibility for the protected person. If the responsibility is limited, the court shall state those areas of responsibility which shall be the guardian’s, and all others shall be retained by the protected person. 
   5.  Following hearing and notice to the protected person and court advisor, the court, by specific reference to the power being granted, may authorize a guardian to exercise any of the following powers:
   a.  Changing, at the guardian’s request, the protected person’s permanent residence to a nursing home, or other secure facility or secure portion of a facility, or a facility that restricts the protected person’s ability to leave or have visitors.
   b.  Arranging for health, including mental health, or other care, treatment, or services for the protected person that were not granted in subsection 2.
   c.  Consenting to the withholding or withdrawal of life-sustaining procedures in accordance with chapter 144A for the protected person.
   d.  Upon a showing to the court of good cause, denying all communication, visitation, or interaction by the protected person with a person with whom the protected person has expressed a desire to communicate, visit, or interact, or with a person who seeks to communicate, visit, or interact with the protected person.
   6.  If the court makes a separate determination that the protected person lacks sufficient mental capacity to comprehend and exercise the right to vote then the court shall order that the protected person may not vote without further order of the court.
   7.  If the court makes a separate determination that the protected person lacks sufficient mental capacity to contract a valid marriage then the court shall order that the protected person may not marry without further order of the court.
    Sec. 27.  NEW SECTION.  633F.27  Rights of protected person under guardianship.
   An adult protected person under a guardianship has the right of communication, visitation, or interaction with other persons upon the consent of the adult protected person, subject to section 633F.26, subsection 2, paragraph “f”. If an adult protected person is unable to give express consent to such communication, visitation, or interaction with a person due to a physical or mental condition, consent of an adult protected person may be presumed by a guardian or a court based on an adult protected person’s prior relationship with such person.
    Sec. 28.  NEW SECTION.  633F.28  Petition for appointment of conservator.
   1.  Any adult person may file with the clerk a verified petition for the appointment of a conservator. The petition shall state all of the following information:
   a.  The petitioner’s name, address, and electronic mail address, and relationship to the respondent.
   b.  To the extent known, the respondent’s name, age, county of residence, mailing address, and current location.
   c.  To the extent known, the name, address, electronic mail address, and phone number of the following persons:
   (1)  The respondent’s spouse, if any, and respondent’s adult children.
   (2)  If there are no persons in subparagraph (1), the respondent’s living parents and adult siblings.
   (3)  If there are no persons in subparagraphs (1) and (2), then, one or all of the below:
   (a)  Any adult with whom the respondent has resided in a noninstitutional setting for more than six months immediately prior to the filing of the petition, if any.
   (b)  Any person or institution primarily responsible for the care or having custody of the respondent, if any.
   (4)  Any nominated or presently acting legal representative of the respondent.
   2.  Any person nominated as conservator by the respondent, and the document in which the person was nominated.
   3.  The name and address of any proposed conservator, and the reasons the court should accept the proposed conservator. If the respondent has nominated a conservator other than the proposed conservator, the reasons the proposed conservator should be appointed in lieu of the respondent’s nominee.
   4.  The reasons why the conservatorship is necessary, including a brief description of the respondent’s alleged functional limitations which make the respondent unable to make, communicate, or carry out important decisions concerning the respondent’s financial affairs.
   5.  A list of what alternatives to the appointment of a conservator have been considered or attempted and why these alternatives do not address the limitations in the respondent’s ability to make, communicate, or carry out the respondent’s financial decisions.
   6.  The powers to be granted to the limited conservator, or, the reasons a limited conservatorship is inappropriate. 
   7.  The estimated present value of the real estate, the estimated value of the personal property, and the estimated gross annual income of the estate. If any money is payable, or to become payable, to the respondent by the United States through the United States department of veterans affairs, the petition shall so state.
   8.  Whether the respondent is capable of requesting an attorney and whether appointment of a court advisor is appropriate. 
   9.  Except as required by section 633F.20, any persons identified pursuant to section 1, paragraph “c”, are not entitled to notice of hearings on the petition. 
    Sec. 29.  NEW SECTION.  633F.29  Notice to respondent.
   1.  Except where the respondent is the petitioner, notice of the filing of the petition shall be served upon the respondent in the manner of an original notice and the content of the notice is governed by the rules of civil procedure governing original notice. 
   2.  Notice shall be mailed to the following persons, to the extent known to the petitioner:
   a.  The respondent’s legal representative.
   b.  The spouse and adult children of the respondent.
   c.  If there are no persons in paragraphs “a” and “b”, then to the respondent’s adult grandchildren.
   d.  If there are no persons in paragraphs “a” through “c”, then to the respondent’s parents and adult siblings.
   e.  If there are no persons in paragraphs “a” through “d”, then to any adult with whom the respondent has resided in the six-month period preceding the filing of the petition, and any adult who has assisted the respondent with decision making for such period. 
   f.  If there are no persons in paragraphs “a” through “e”, then at least one adult in the priority shown in section 633.219.
   3.  Notice shall also be mailed to the United States department of veterans affairs in the event the respondent is receiving a veterans benefit.
   4.  Any notice required to be mailed hereunder shall conform to section 633.40, subsection 5.
    Sec. 30.  NEW SECTION.  633F.30  Notification of conservatorship powers.
   In a proceeding for the appointment of a conservator, the respondent shall be given written notice which advises the respondent that if a conservator is appointed, the conservator may, without court approval, manage the respondent’s principal, income, and investments, sue and defend any claim by or against the respondent, sell and transfer personal property, and vote at corporate meetings. The notice shall also advise the respondent that, upon the court’s approval, the conservator may, after approval of the conservator’s plan and without further approval, invest the respondent’s funds, execute leases, make payments to or for the benefit of the respondent, support the respondent’s legal dependents, compromise or settle any claim, and do any other thing that the court determines is in the respondent’s best interests. The notice shall clearly advise the respondent, in boldface type of a minimum size of ten points, of the right to counsel and the potential deprivation of the respondent’s civil rights. The notice shall also state that the respondent may use the respondent’s own attorney instead of an attorney appointed by the court. In an involuntary conservatorship proceeding, the notice shall be served upon the respondent with the notice of the filing of the petition as provided in section 633F.29.
    Sec. 31.  NEW SECTION.  633F.31  Appointment of conservator.
   1.  If the court finds by clear and convincing evidence that the respondent’s functional limitations prevent the respondent from making, communicating, or carrying out important decisions concerning the respondent’s financial affairs, and the court finds there are no less-restrictive alternatives that will protect the respondent, the court shall appoint a conservator.
   2.  In appointing a conservator, the court shall consider the functional abilities and limitations of the respondent and whether a limited conservatorship is appropriate.
   3.  Upon the filing of the petition for appointment of a conservator, the court shall request records of child abuse, dependent adult abuse, sex offender registries, and criminal convictions, in the state of the proposed conservator’s residence unless the proposed conservator has undergone these required background checks within the prior twelve months, or unless the proposed conservator is an Iowa financial institution with trust powers. The court shall consider these records and other information regarding the proposed conservator that it deems appropriate prior to determining whether the proposed conservator is qualified and suitable to serve as conservator for the respondent. The petitioner shall be responsible for paying the costs of obtaining background information described in this section unless the court waives such costs for good cause shown.
   4.  In appointing a conservator, the court’s order shall address all of the following:
   a.  Whether a limited conservatorship is appropriate.
   b.  The reasons why the appointment of a conservator is in the respondent’s best interests.
   c.  That all respondents have been provided with notice of the right to representation by an attorney, the right to be personally present in hearings on a petition, and evidence of whether notification was provided pursuant to the order on whether to appoint a conservator. 
   d.  The reporting period to be covered by the conservator’s first annual report.
    Sec. 32.  NEW SECTION.  633F.32  Emergency appointment of conservator.
   1.  The court may appoint a conservator ex parte only when the petitioner proves by clear and convincing evidence that an emergency exists justifying the need for an immediate appointment. This subsection does not apply to a protected person with an actively serving conservator. The order appointing a conservator under this section shall include a list of powers of the conservator, which powers shall be only such powers as the court deems necessary to address the emergency justifying the appointment.
   2.  Upon appointment as a conservator under this section, the conservator shall provide notice of such appointment to all persons required to be given notice under section 633F.29.
   3.  A protected person shall be entitled to a hearing within five days after the filing of a motion by the protected person asking that the emergency conservatorship be terminated.
   4.  A conservatorship under this section shall terminate twenty-eight days after the order of appointment is entered.
    Sec. 33.  NEW SECTION.  633F.33  Selection of conservator.
   The court shall appoint as conservator a qualified and suitable person who is willing to serve in that capacity. The same person may be appointed to serve as both guardian and conservator.
    Sec. 34.  NEW SECTION.  633F.34  Combining petitions for appointment of guardian and conservator.
   1.  The petition for the appointment of a guardian for an adult and a petition for a conservator for an adult may be combined and the cause tried in the same manner as a petition for the appointment of a conservator.
   2.  The petition for the appointment of a guardian for a minor and the petition for the appointment of a conservator of a minor shall not be combined.
    Sec. 35.  NEW SECTION.  633F.35  Powers of protected person in conservatorship.
   1.  A protected person for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the protected person possesses the requisite testamentary capacity, unless the court determines that the protected person has a limited ability to handle the protected person’s own funds. If the court makes such a finding, it shall specify to what extent the protected person may possess and use the protected person’s own funds.
   2.  Any modification of the powers of the protected person that would be more restrictive of the protected person’s control over the protected person’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator. Any modification that would be less restrictive of the protected person’s control over the protected person’s financial affairs shall be based upon proof in accordance with the requirements of section 633F.55.
    Sec. 36.  NEW SECTION.  633F.36  Title and possession of protected person’s property.
   1.  The title to all property of the protected person is in the protected person and not the conservator, subject, however, to possession by the conservator and to the control of the court for the purposes of administration, sale, or other disposition. Any real property of the protected person titled at any time in the name of a conservatorship shall be deemed to be titled in the protected person’s name subject to the conservator’s right of possession.
   2.  Every conservator shall have a right to, and shall take, possession of all of the real and personal property of the protected person. The conservator shall pay the taxes and collect the income from the property until the conservatorship is terminated. The conservator may maintain an action for the possession of the property, and to determine the title to the property.
    Sec. 37.  NEW SECTION.  633F.37  Duties of conservator.
   1.  A conservator is a fiduciary and has duties of prudence and loyalty to the protected person.
   2.  A conservator shall promote the self-determination of the protected person and, to the extent feasible, encourage the protected person to participate in decisions, act on the protected person’s own behalf, and develop or regain the capacity to manage the protected person’s financial affairs.
   3.  In making decisions for a protected person, the conservator shall make the decision the conservator reasonably believes the protected person would make if able, unless doing so would fail to preserve the resources needed to maintain the protected person’s well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or personal or financial interests of the protected person. To determine the decision the protected person would make if able, the conservator shall consider the protected person’s prior or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the conservator.
   4.  If a conservator cannot make a decision under subsection 3 because the conservator does not know and cannot reasonably determine the decision the protected person would make if able, or the conservator reasonably believes the decision the protected person would make would fail to preserve resources needed to maintain the protected person’s well-being and lifestyle or otherwise unreasonably harm or endanger the welfare or personal or financial interests of the protected person, the conservator shall act in accordance with the best interests of the protected person. In determining the best interests of the protected person, the conservator shall consider all of the following: 
   a.  Information received from professionals and persons that demonstrate sufficient interest in the welfare of the protected person.
   b.  Other information the conservator believes the protected person would have considered if the protected person were able to act.
   c.  Other factors a reasonable person in the circumstances of the protected person would consider, including consequences to others.
   5.  Except when inconsistent with the conservator’s duties under subsections 1 through 4, a conservator shall invest and manage the protected person’s assets as a prudent investor would, by considering the circumstances and property of the protected person.
   6.  The propriety of a conservator’s investment and management of the conservatorship estate is determined in light of the facts and circumstances existing when the conservator decides or acts and not by hindsight.
   7.  A conservator that has special skills or expertise, or is named conservator in reliance on the conservator’s representation of special skills or expertise, has a duty to use the special skills or expertise in carrying out the conservator’s duties.
   8.  In investing and selecting specific property for distribution, a conservator shall consider any estate plan or other donative, nominative, or appointive instrument of the protected person, known to the conservator.
   9.  A conservator shall maintain insurance on the insurable real and personal property of the protected person, unless the conservatorship estate lacks sufficient funds to pay for insurance or the court finds any of the following:
   a.  The property lacks sufficient equity to justify the insurance premium. 
   b.  Insuring the property would unreasonably dissipate the conservatorship estate. 
   c.  Insuring the property would not be in the best interest of the protected person.
   10.  If a protected person has executed a valid power of attorney under chapter 633B, the conservator shall act in accordance with the applicable provisions of chapter 633B. 
   11.  The conservator shall report to the department of human services the protected person’s assets and income, if the protected person is receiving medical assistance under chapter 249A. Such reports shall be made upon establishment of a conservatorship for an individual applying for or receiving medical assistance, upon application for benefits on behalf of the protected person, upon annual or semiannual review of continued medical assistance eligibility, when any significant change in the protected person’s assets or income occurs, or as otherwise requested by the department of human services. Written reports shall be provided to the department of human services office for the county in which the protected person resides or the office in which the protected person’s medical assistance is administered.
    Sec. 38.  NEW SECTION.  633F.38  Powers of conservator.
   1.  The conservator, acting reasonably and consistent with the fiduciary duties of the conservator to accomplish the purpose of the conservatorship, and acting in a manner consistent with the conservator’s plan, and consistent with the order establishing the conservatorship, including any limitations in the order, shall, without the necessity of prior court approval, have all the following powers on behalf of the protected person:
   a.  Collect, receive, receipt for any principal or income, and to enforce, defend against, or prosecute any claim by or against the protected person or the conservator; and to sue on and defend claims in favor of or against the protected person or the conservator. 
   b.  Sell and transfer personal property of a perishable nature and tangible personal property for which there is a regularly established market.
   c.  Vote at corporate meetings in person or by proxy. 
   d.  Receive additional property from any source.
   e.  Notwithstanding the provisions of section 633.123, continue to hold any investment or other property originally received by the conservator, and also any increase thereof, pending the timely filing of the first annual report. 
   f.  Pay court costs, bond premiums, and court-approved expenses.
   g.  Open a depository account. 
   h.  Receive bank statements and investment reports and correspond with financial institutions.
   i.  Buy, sell, invest, or reinvest assets, except real estate, pursuant to section 633.123.
   j.  Make payments on any existing mortgage, including for real estate taxes and for property and liability insurance. 
   k.  Pay for the protected person’s housing under an existing agreement.
   l.  Pay health care insurance premiums and prescription medications, medical expenses, hospital expenses, and ambulance bills.
   m.  Authorize preparation and filing of, and pay any amount due for, state and federal income taxes.
   n.  Pay utilities on the real property owned or leased by the protected person.
   o.  Purchase clothing. 
   p.  Purchase food, cleaning supplies, toiletries, and personal grooming for the protected person.
   q.  Reimburse the guardian or guardians for reasonable out-of-pocket expenses advanced on behalf of the protected person for health care and other items upon presentation of a receipt or statement to the conservator.
   r.  Pay reasonable wages and any required employment taxes to individuals or organizations that can assist the protected person as needed with cooking, cleaning, shopping, and other activities of daily living.
   2.  Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice and receive specific prior authorization by the court before the conservator may take any other action on behalf of the protected person. These other powers requiring court approval include the authority of the conservator to:
   a.  Invest the protected person’s assets consistent with section 633.123.
   b.  Make gifts on the protected person’s behalf from conservatorship assets to persons or religious, educational, scientific, charitable, or other nonprofit organizations to whom or to which such gifts were regularly made prior to the conservator’s appointment; or on a showing that such gifts would benefit the protected person from the perspective of gift, estate, inheritance, or other taxes. No gift shall be allowed which would foreseeably prevent adequate provision for the protected person’s best interest.
   c.  Make payments consistent with the conservator’s plan described above directly to the protected person or to others for the protected person’s education and training needs.
   d.  Use the protected person’s income or assets to provide for any person that the protected person is legally obligated to support.
   e.  Compromise, adjust, arbitrate, or settle any claim by or against the protected person or the conservator.
   f.  Make elections for a protected person who is the surviving spouse as provided in sections 633.236 and 633.240.
   g.  Exercise the right to disclaim on behalf of the protected person as provided in section 633E.5.
   h.  Sell, mortgage, exchange, pledge, or lease the protected person’s real and personal property consistent with subchapter VII, part 6 of chapter 633 regarding sale of property from a decedent’s estate.
    Sec. 39.  NEW SECTION.  633F.39  Presumption of fraud in conservatorship.
   If a conservator is appointed, all contracts, transfers, and gifts made by the protected person after the filing of the petition shall be presumed to be a fraud against the rights and interest of the protected person except as otherwise directed by the court pursuant to section 633.637.
    Sec. 40.  NEW SECTION.  633F.40  Procedure in lieu of conservatorship.
   If a conservator has not been appointed, money due a minor or other property to which a minor is entitled, not exceeding in the aggregate fifty thousand dollars in value, shall be paid or delivered to a custodian under any uniform transfers to minors Act. The written receipt of the custodian constitutes an acquittance of the person making the payment of money or delivery of property.
    Sec. 41.  NEW SECTION.  633F.41  Standby petition for appointment of conservator for adult.
   1.  Any adult person of sound mind may execute a verified petition for the appointment of a conservator of the person’s property upon the express condition that such petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition. The petition, in addition to containing the information required in section 633F.28, shall include a statement in substantially the language of section 633F.30 that the petitioner understands the result of a conservator being appointed for the petitioner.
   2.  Such petition may nominate a person for appointment to serve as such conservator as well as alternate conservators if the nominated person is unable or unwilling or is removed as conservator, and may request that the appointment be made without bond, or with bond of a certain stated sum. The court in appointing the conservator shall appoint the person or persons nominated by the petitioner unless the person or persons are not qualified or for other good cause and shall give due regard to other requests and recommendations contained in the petition.
   3.  Such petition may be deposited with the clerk of the county in which the party resides, or with any person, firm, bank, or trust company nominated by the petitioner.
   4.  Such petition may be revoked by the petitioner at any time before appointment of a conservator by the court, provided that the petitioner is of sound mind at the time of revocation. Revocation shall be accomplished by the destruction of the petition by the petitioner, or by the execution of an acknowledged instrument of revocation. If the petition has been deposited with the clerk, the revocation may likewise be deposited there.
   5.  If the petition has been deposited with the clerk under the provisions of subsection 3 and has not been revoked, the petition may be filed with the court upon the filing of a verified statement to the effect that the occurrence of the event or the condition provided for in the petition has come to pass. If the petition has not been deposited with the clerk under the provisions of subsection 3 and has not been revoked, then the petition shall be filed with the court at the time a verified statement that the occurrence of the event or the condition provided for in the petition has come to pass is filed with the court in the county where the petitioner then resides. Upon filing of the petition and verified statement, the person who filed the petition under subsection 1 shall then become the respondent and the person filing the verified statement under this subsection shall become the petitioner and the proceedings shall be thereafter conducted as provided for in sections 633F.29 through 633F.40, except as otherwise provided for in this section.
   6.  If prior to the time of hearing on a petition for the appointment of a guardian or a conservator, a petition is filed under the provisions of section 633F.19, 633F.25, 633F.28, or subsection 1 of this section, the court shall combine the hearing on such petitions and determine who shall be appointed guardian or conservator, and such petition shall be triable to the court.
    Sec. 42.  NEW SECTION.  633F.42  Standby petition for appointment of conservator for a minor.
   1.  An adult person having physical and legal custody of a minor may execute a verified petition for the appointment of a conservator of the minor upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition. The petition, in addition to containing the information required in section 633F.28, shall include a statement that the petitioner understands the result of a conservator being appointed for the minor. An appointment of a conservator for a minor shall only be effective until the minor attains full age.
   2.  A standby petition may nominate a person for appointment to serve as such conservator as well as alternate conservator if the nominated person is unable or unwilling or is removed as conservator. The court in appointing the conservator shall appoint the person or persons nominated by the petitioner unless the person or persons are not qualified or for other good cause and shall give due regard to other requests and recommendations contained in the petition. 
   3.  A standby petition may be deposited with the clerk of the county in which the minor resides or with any person nominated by the petitioner to serve as guardian. 
   4.  A standby petition may be revoked by the petitioner at any time before appointment of a conservator by the court, provided that the petitioner is of sound mind at the time of revocation. Revocation shall be accomplished by the destruction of the petition by the petitioner, or by the execution of an acknowledged instrument of revocation. If the petition has been deposited with the clerk, the revocation may likewise be deposited there.
   5.  If the standby petition has been deposited with the clerk under the provisions of subsection 3 and has not been revoked under the provisions of subsection 4, the petition may be filed with the court upon the filing of a verified statement to the effect that the occurrence of the event or the condition provided for in the petition has come to pass. If the petition has not been deposited with the clerk under the provisions of subsection 3 and has not been revoked under the provisions of subsection 4, then the petition shall be filed with the court at the time a verified statement that the occurrence of the event or the condition provided for in the petition has come to pass is filed with the court in the county where the minor then resides. Upon filing of the petition and verified statement, the minor shall then become the respondent and the person filing the verified statement shall become the petitioner and the proceedings shall be thereafter conducted as provided for in this chapter.
    Sec. 43.  NEW SECTION.  633F.43  Appointing conservator for absentee.
   1.  When a person owns property located in this state, the person’s whereabouts are unknown, and no provision for the care, control, and supervision of such property has been made, with the result that such property may be lost, damaged, or diminished in value, or that the dependents of such owner are likely to be deprived of means of support because of such absence, any adult person may file with the clerk a petition for the appointment of a conservator of such property of the absentee. The petition shall state the petitioner’s name, address, and electronic mail address, relationship to the absentee, and all of the following:
   a.  The absentee’s name, county of residence, and last known address. 
   b.  To the extent known, the name, address, electronic mail address, and telephone number of the absentee’s:
   (1)  Spouse, if any.
   (2)  Adult children, or if the absentee has none, the absentee’s living parents and adult siblings.
   (3)  If there are no persons in subparagraphs (1) and (2), then:
   (a)  Any adult with whom the absentee has resided in a noninstitutional setting for more than six months immediately prior to the filing of the petition, if any.
   (b)  Any person or institution primarily responsible for the care or having had custody of the absentee within six months immediately prior to the filing of the petition, if any.
   (4)  Any nominated or presently acting legal representative of the absentee. 
   (5)  Any person nominated as conservator by the absentee and the document in which the person was nominated.
   c.  The name and address of the proposed conservator, and the reasons that the court should accept the proposed conservator. If the absentee has nominated a conservator other than the proposed conservator, the reasons that the proposed conservator should be appointed in lieu of the absentee’s nominee.
   d.  The facts concerning the disappearance of the absentee, including the reasons why the conservatorship is necessary.
   e.  A general description of the property of the absentee within this state and of the absentee’s right to receive property, the estimated value of the absentee’s real estate, the estimated value of the absentee’s personal property, and the estimated gross annual income of the property. If any money is payable, or to become payable, to the absentee by the United States through the United States department of veterans affairs, the petition shall so state.
   f.  Except as required by section 633F.29, any persons identified pursuant to paragraph “b” of this section are not entitled to notice.
   2.  Notice of the filing of a petition under this section:
   a.  Shall be served together with notice of the hearing on the petition on the absentee by publication in the manner of an original notice and the rules of civil procedure governing original notices by publication shall also govern such a notice as to content.
   b.  Shall be mailed to the following persons, to the extent known to the petitioner:
   (1)  The legal representative of the absentee.
   (2)  The spouse and adult children of the absentee.
   (3)  If there are no persons in subparagraphs (1) and (2), then to the absentee’s adult grandchildren.
   (4)  If there are no persons in subparagraphs (1) through (3), then to the absentee’s parents and adult siblings.
   (5)  If there are no persons in subparagraphs (1) through (4), then to any adults with whom the absentee has resided in the six-month period preceding the filing of the petition, and any adult who has assisted the absentee with decision making in such period.
   (6)  If there are no persons in subparagraphs (1) through (5), then at least one adult in the priority shown in section 633.219.
   c.  Notice of any other subsequent hearings related to the petition hereunder shall be mailed in conformity with section 633.40, subsection 5.
   3.  In the event that the absentee does not appear at the hearing on the petition, the court shall hear the petition and the proof offered. All evidence shall be made part of the record of the proceeding. If the allegations of the petition are proved by clear and convincing evidence, the court shall appoint a conservator.
    Sec. 44.  NEW SECTION.  633F.44  Appointing foreign conservator.
   1.  When there is no conservatorship or pending application for a conservatorship in this state, the duly qualified foreign conservator or guardian of a nonresident protected person may, upon application, be appointed conservator of the property of the protected person in this state if a resident conservator is appointed to serve with the foreign conservator. However, for good cause shown, the court may appoint the foreign conservator to act alone without the appointment of a resident conservator.
   2.  The application for appointment of a foreign conservator or guardian as conservator in this state shall include the name and address of the nonresident protected person, and of the nonresident conservator or guardian, and the name and address of the resident conservator to be appointed, if applicable. The application shall be accompanied by a certified copy of the original letters or other authority conferring the power upon the foreign conservator or guardian to act as conservator or guardian. The application shall state the cause for the appointment of the foreign conservator to act as sole conservator, if applicable.
   3.  A foreign conservator or guardian of a nonresident may be authorized by the court of the county where the protected person has personal property to receive the personal property upon compliance with the provisions of subsections 4, 5, and 6.
   4.  A foreign conservator or guardian shall file in the office of the clerk in the county where the property is situated a certified copy of the conservator’s or guardian’s official bond, if any, duly authenticated by the court granting the letters. The foreign conservator or guardian shall also execute a receipt for the property received by the conservator or guardian.
   5.  Upon the filing of the bond as provided in subsection 4, if the court determines that the amount of the bond is sufficient security, the court shall order the personal property of the protected person delivered to the foreign conservator or guardian.
   6.  The clerk shall record the bonds and the receipt, and notify by mail the court which granted the letters of conservatorship or guardianship of the amount of property delivered to the fiduciary and the date of delivery.
    Sec. 45.  NEW SECTION.  633F.45  Disposition of protected person’s will.
   1.  When a conservator receives an instrument purporting to be the will of the protected person, the conservator shall immediately deliver the instrument to the court.
   2.  Upon receiving an instrument purporting to be the will of a living protected person under this section, the court may open and read the instrument. The court, with or without notice, may enter orders in the conservatorship as the court deems advisable for the proper administration of the conservatorship in light of the expressed testamentary intent of the protected person.
   3.  An instrument purporting to be the will of a protected person that the court receives under this section shall then be resealed by the court and deposited with the clerk to be held by the clerk as provided in sections 633.286 through 633.289.
    Sec. 46.  NEW SECTION.  633F.46  Claims against protected person or conservator.
   1.  Claims accruing before or after the appointment of the conservator, and whether arising in contract or tort or otherwise, after being allowed or established as provided in subsections 3 through 5, shall be paid by the conservator from the assets of the conservatorship.
   2.  The provision of medical care or services to a protected person who is a recipient of medical assistance under chapter 249A creates a claim for the amount owed to the provider under the medical assistance program for the care or services. The amount of the claim, after being allowed or established as provided in this subchapter, shall be paid by the conservator from the assets of the conservatorship.
   3.  A claim shall not be allowed against a protected person’s conservatorship unless the claim is in writing, filed with the clerk, states the claimant’s name and address, and describes the nature and the amount of the claim, if ascertainable. The claim shall be accompanied by the affidavit of the claimant, or of someone for the claimant, that the amount is justly due, or if not due, when the amount will or may become due, that no payments have been made on the amount which are not credited, and that there are no offsets against the amount, to the knowledge of the affiant, except as stated in the claim. Valid contract claims arising in the ordinary course of the conduct of the business or affairs of the protected person by the conservator may be paid by the conservator without requiring affidavit or filing.
   4.  If a claim is founded upon a written instrument, the original or a copy of the instrument, with all endorsements, must be attached to the claim. The original instrument must be shown to the conservator or to the court, upon demand, unless the original instrument has been lost or destroyed, in which case, the original instrument’s loss or destruction must be stated in the claim.
   5.  All claims filed against a protected person’s conservatorship shall be titled in the name of the claimant against the conservator as conservator, naming the conservator, and in all further proceedings on the claim, this title shall be preserved.
   6.  The filing of a claim in the conservatorship tolls the statute of limitations applicable to the claim.
   7.  No claimant shall have the right to compel payment until the claimant’s claim has been duly filed and allowed.
   8.  When a claim has been filed and has been admitted in writing by the conservator, the claim shall be deemed allowed, in the absence of fraud or collusion.
   9.  Execution shall not issue upon, and levy shall not be made against, any property of the protected person’s conservatorship under any judgment against the protected person or the protected person’s conservator, but this section shall not be construed to prevent the enforcement of a mortgage, pledge, or other lien upon property in an appropriate proceeding.
   10.  If the conservator is a creditor of the protected person, the conservator shall file the claim as other creditors, and the court shall appoint a temporary conservator to protect the conservatorship estate at the hearing on the conservator’s claim. The same procedure shall be followed in the case of co-conservators where all such conservators are creditors of the protected person. However, if one of the co-conservators is not a creditor of the protected person, the disinterested conservator shall protect the conservatorship estate at the hearing on the co-conservator’s claim.
   11.  The court may determine whether or not the applicable statute of limitation shall be invoked to bar a claim which the conservator recommends be allowed.
   12.  This section shall not affect or prevent an action or proceeding to enforce any mortgage, pledge, or other lien upon the property of the protected person.
   13.  a.  Any action pending against the protected person at the time the conservator is appointed shall also be considered a claim filed in the conservatorship if notice of substitution is served on the conservator as defendant, and proof of service of notice of such proceeding is filed in the conservatorship proceeding.
   b.  A separate action based on a debt or other liability of the protected person may be commenced against the conservator as conservator in lieu of filing a claim in the conservatorship. Such an action shall be commenced by serving an original notice on the conservator and filing proof of service of notice of such proceeding in the conservatorship proceeding. Such an action shall also be considered a claim filed in the conservatorship. Such an action may be commenced only in a county where the venue would have been proper if there were no conservatorship and the action had been commenced against the protected person.
   14.  The provisions of sections 633.438 to 633.448 shall be applicable to the denial and contest of claims against conservatorships, but shall not be applicable to actions continued or commenced under this section.
   15.  When it appears that the assets in a conservatorship are insufficient to pay in full all the claims against the conservatorship, the conservator shall report such matter to the court, and the court shall, upon hearing, with notice to all persons who have filed claims in the conservatorship, make an order for the pro rata payment of claims giving claimants the same priority as in section 633.425.
    Sec. 47.  NEW SECTION.  633F.47  Professional evaluation.
   1.  For purposes of this section:
   a.  “Professional evaluation” means an evaluation by a licensed or certified person qualified to evaluate a respondent’s cognitive and functional abilities and limitations.
   b.  “Respondent” includes, when appropriate, a protected person.
   2.  A petitioner or respondent may submit a professional evaluation in a matter concerning the granting, modifying, or terminating a guardianship or conservatorship for the respondent.
   3.  a.  At or before a hearing on a petition for the appointment of a guardian or conservator or the modification or termination of a guardianship or conservatorship, the court shall order a professional evaluation of the respondent unless one of the following criteria are met:
   (1)  The court finds it has sufficient information to determine whether the criteria for a guardianship or conservatorship are met.
   (2)  The petitioner or respondent has filed a professional evaluation. 
   b.  If the respondent has filed a professional evaluation and the court determines an additional professional evaluation will assist the court in understanding the decision-making capacity and functional abilities and limitations of the respondent, the court may order a professional evaluation of the respondent.
   4.  If the court orders an evaluation, the respondent must be examined by a licensed or certified person, appointed by the court, who is qualified to evaluate the respondent’s cognitive and functional abilities and limitations. 
   5.  The court shall not appoint an individual to conduct the examination if the individual has a conflict of interest. 
   6.  The individual conducting the evaluation shall promptly file a written report with the court and, if so ordered, shall attend a court hearing and be available for cross-examination.
   7.  Unless otherwise directed by the court, the report must contain all of the following: 
   a.  A description of the nature, type, and extent of the respondent’s cognitive and functional abilities and limitations. 
   b.  An evaluation of the respondent’s mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills. 
   c.  A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan.
   d.  The evaluator’s qualifications to evaluate the respondent’s cognitive and functional abilities limitations and lack of conflict of interest.
   e.  The date of the examination on which the report is based.
   8.  The cost of the professional evaluation shall be paid by the respondent unless the respondent is indigent under the provisions of section 633.561, in which case the costs shall be paid by the county in which the proceedings are pending, or unless the court otherwise orders.
   9.  The court may order the production of any existing professional evaluation that is relevant to the determination of whether a guardian or a conservator should be appointed, as well as whether a guardianship or conservatorship should be modified or terminated.
   10.  In a proceeding to establish a guardianship or conservatorship, any professional evaluation provided in the proceeding, whether voluntarily or pursuant to a court order, shall be confidential and shall be sealed and available to only the court, the respondent, the petitioner, the respondent’s attorney, the petitioner’s attorney for purposes of the proceeding, a court advisor, and other persons the court orders for good cause and limited for the purposes set out in the court’s order.
   11.  In a proceeding to modify or terminate a guardianship or conservatorship, the court upon good cause shown and for such purposes as the court orders may grant access to any professional evaluation that was sealed in a proceeding to establish the guardianship or conservatorship.
    Sec. 48.  NEW SECTION.  633F.48  Appointment and role of court advisor.
   1.  The court may appoint any qualified person as a court advisor in a guardianship or conservatorship proceeding. The role of the court advisor is to gather and report factual information that will assist the court in making custody, visitation, or other decisions related to the welfare of the respondent. Unless the appointing judge specifies otherwise, the court advisor role is limited to gathering and reporting information to the court. The court advisor may include recommendations in the report in subsection 6 only if the court’s appointment order authorizes inclusion of such recommendations.
   2.  The court shall not appoint a guardian ad litem in a guardianship or conservatorship proceeding.
   3.  The same person shall not serve both as the attorney representing the respondent and as court advisor.
   4.  Unless otherwise enlarged or circumscribed by the court, the court advisor shall do all of the following:
   a.  Conduct an initial in-person interview with the respondent.
   b.  Discuss with the respondent the substance of the petition, the purpose and effect of the proceeding, the rights of the respondent at the hearing, and the general powers and duties of a guardian or conservator.
   c.  Determine the views of the respondent regarding the proposed guardian or conservator, the proposed guardian’s or conservator’s powers and duties, and the scope and duration of the proposed guardianship or conservatorship.
   5.  In addition, if directed by the court, the court advisor shall do the following:
   a.  Interview the petitioner and an appointed or proposed guardian or conservator.
   b.  Visit, to the extent feasible, the residence where it is reasonably believed that the respondent will live if the appointment of a guardian or conservator is made.
   c.  Make any other investigation the court directs including but not limited to interviewing any persons providing medical, mental health, educational, social, and other services to the respondent.
   d.  Determining the financial resources available to the respondent.
   6.  The court advisor shall submit a written report to the court that shall contain all of the following:
   a.  A recommendation regarding the appropriateness of a limited guardianship or conservatorship for the respondent, including whether less restrictive alternatives are available.
   b.  A statement of the qualifications of the proposed guardian or conservator together with a statement of whether the respondent has expressed agreement with the appointment of the proposed guardian or conservator.
   c.  Any other matters the court advisor deems relevant to the petition for guardianship or conservatorship and the best interests of the respondent.
   d.  Any other matters the court directs.
   7.  The report of the court advisor shall be made part of the court record unless otherwise ordered by the court.
    Sec. 49.  NEW SECTION.  633F.49  Attorneys for minor and adult respondents and protected persons in conservatorships and for adult respondents and protected persons in guardianships.
   1.  Upon the filing of a petition to appoint or remove a guardian for an adult or conservator for a minor or adult, the court shall appoint an attorney to represent the respondent, provided that the respondent is not the petitioner. The court shall set a hearing on the petition and provide for notice of the appointment of counsel and the date of hearing.
   a.  The court may reconsider the determination regarding representation by an attorney upon application by any interested person. 
   b.  The court may discharge an attorney appointed by the court if the respondent has privately retained an attorney who has filed an appearance on behalf of the respondent.
   2.  An attorney representing a respondent or protected person shall, to the extent feasible:
   a.  Ensure that the respondent or protected person has been properly advised of the nature and purpose of the proceeding.
   b.  Ensure that the respondent or protected person has been advised of the respondent’s or protected person’s rights in the proceeding.
   c.  Personally interview the respondent.
   d.  Advocate for the respondent’s or protected person’s position to the extent that the position is reasonably ascertainable. If the respondent’s or protected person’s position is not reasonably ascertainable, the attorney shall advocate for the result that is the least restrictive option in type, duration, and scope, consistent with the respondent’s or protected person’s interests.
   e.  Represent the respondent or protected person.
   f.  Ensure that guardianship and conservatorship procedures conform to the statutory and due process requirements under law.
   g.  File a written report stating whether there is evidence on file showing that proper service on the respondent has been made and also stating that specific compliance with paragraphs “a”, “b”, and “c” has been made or stating the inability to comply by reason of the respondent’s condition.
   3.  If the court determines, on application, that it is appropriate or necessary, the court may order that the attorney representing the respondent or protected person be given copies of and access to the respondent’s or protected person’s health information. Such an order must describe, with reasonable specificity, the health information to be disclosed or accessed for purposes of fulfilling the attorney’s responsibilities pursuant to this section.
   4.  If an order appointing a guardian or conservator is entered, the respondent’s attorney shall do all of the following:
   a.  Inform the respondent of the effects of the order.
   b.  Advise the respondent of the respondent’s rights to petition for modification or termination of the guardianship or conservatorship.
   c.  Advise the respondent of the rights retained by the respondent.
   5.  Following the appointment of a guardian or conservator, if the court determines that it would be in the protected person’s best interest to be represented by an attorney with respect to any further proceedings in a guardianship or conservatorship, the court may appoint an attorney to represent the protected person at the protected person’s expense or at the county’s expense for indigents as provided in subsection 6.
   6.  The cost of court-appointed attorneys for indigents shall be assessed against the county in which the proceedings are pending. For purposes of this section, the court shall find a person indigent if the person’s income and resources do not exceed one hundred fifty percent of the federal poverty level or the person would be unable to pay such costs without prejudicing the person’s financial ability to provide economic necessities for the respondent or the respondent’s dependents.
    Sec. 50.  NEW SECTION.  633F.50  Mediation.
   1.  The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any guardianship or conservatorship action. Mediation performed under this section shall comply with the provisions of chapter 679C. The court shall, upon application of a party, grant a waiver from any court-ordered mediation under this section if the party demonstrates that a history of domestic abuse exists similarly as considered in section 598.41, subsection 3, paragraph “j”. The court may, upon application of a party, grant a waiver from any court-ordered mediation if the action involves elder abuse pursuant to chapter 235F.
   2.  Mediation shall comply with all of the following standards:
   a.  The parties will participate in good faith. Participation in mediation shall include attendance at a mediation session with the mediator and the parties to the action, listening to the mediator’s explanation of the mediation process, presentation of one party’s view of the case, and listening to the response of the other party. Participation in mediation does not require that the parties reach an agreement.
   b.  Unless the parties agree upon a mediator, the court shall appoint a mediator. Any mediator appointed by the court shall meet the qualifications established in this section. 
   c.  Parties to the mediation shall have the right to representation by an attorney at all times.
   d.  The parties to the mediation shall present any agreement reached through the mediation to their attorneys, if any. A mediation agreement reached by the parties shall not be enforceable until approved by the court.
   e.  The costs of mediation shall be borne by the parties, as agreed to by the parties, or as ordered by the court, and may be taxed as court costs. 
   3.  A mediator appointed by the court acting pursuant to this section shall have the following qualifications:
   a.  Completed a one-hour internet seminar or live session regarding the external resources available to a respondent with particular focus on resources for older persons.
   b.  A minimum of twenty-five hours of general mediation training.
   c.  Either of the following:
   (1)  Fifteen hours of probate-specific or elder-specific mediation training.
   (2)  Ten continuous years of practice in Iowa as a licensed attorney with the greater of four hundred hours or forty percent of the total hours of law practice per year being devoted to matters concerning wills, trusts, and estate work for each of the ten continuous years. For mediations involving guardianship of juveniles, the mediator shall also be currently qualified as a family law mediator and have completed a one-hour live session concerning guardianship procedures. 
    Sec. 51.  NEW SECTION.  633F.51  Presumption regarding testamentary capacity.
   The appointment of a guardian or conservator does not create a presumption that the protected person lacks testamentary capacity.
    Sec. 52.  NEW SECTION.  633F.52  Reports by guardians.
   1.  A guardian appointed under this chapter shall file with the court the following written verified reports, which the court shall not waive:
   a.  An initial care plan within sixty days of the guardian’s appointment. The initial care plan must include all of the following:
   (1)  The protected person’s current residence and the guardian’s plan for the protected person’s living arrangements.
   (2)  The guardian’s plan for payment of the protected person’s living expenses and other expenses.
   (3)  The protected person’s health status and the guardian’s plan for meeting the protected person’s health needs.
   (4)  The protected person’s educational, training, and vocational needs and the guardian’s plan for meeting the protected person’s educational needs.
   (5)  The guardian’s plan for facilitating contacts of the protected person with the family members of the protected person.
   (6)  The guardian’s plan for contact with and activities on behalf of the protected person.
   b.  An annual report, within sixty days of the close of the reporting period, unless the court otherwise orders an extension for good cause shown in accordance with rules of probate procedure.
   c.  A final report within thirty days of the termination of the guardianship unless that time is extended by the court.
   2.  Annual reports and the final report shall include all of the following:
   a.  The current mental and physical condition of the protected person.
   b.  The present living arrangement of the protected person, including a description of each residence where the protected person has resided during the reporting period.
   c.  A summary of the medical, educational, vocational, and technical, and other professional services provided for the protected person.
   d.  A description of the guardian’s visits with and activities on behalf of the protected person.
   e.  Any changes in the care plan.
   f.  A recommendation as to the need for continued guardianship.
   g.  When the guardianship is for a minor protected person:
   (1)  The nature and extent of parental visits and communication with the minor.
   (2)  The ability of the guardian to continue as guardian and arranging for the provision of care for the minor protected person.
   h.  Other information requested by the court or useful in the opinion of the guardian.
   3.  In accordance with the requirements of subsections 1 and 2, the court shall provide simplified uniform reporting forms for use in filing the required reports.
   4.  The clerk of the court shall notify the guardian in writing of the reporting requirements and shall provide information and assistance to the guardian in filing the reports.
   5.  Reports of guardians shall be submitted to the court for approval.
   6.  Reports required by this section shall be served on the attorney representing the respondent or the protected person and, if requested, all other parties who have filed appearances in the proceeding.
    Sec. 53.  NEW SECTION.  633F.53  Reports by conservators.
   1.  A conservator shall file an initial plan for protecting, managing, investing, expending, and distributing the assets of the conservatorship estate within ninety days after appointment. The plan must be based on the needs of the protected person and take into account the best interest of the protected person as well as the protected person’s preference, values, and prior directions to the extent known to, or reasonably ascertainable by, the conservator.
   a.  The initial plan shall include all of the following:
   (1)  A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the protected person.
   (2)  A statement as to how the conservator will involve the protected person in decisions about management of the conservatorship estate.
   (3)  If ordered by the court, any step the conservator plans to take to develop or restore the ability of the protected person to manage the conservatorship estate.
   (4)  An estimate of the duration of the conservatorship.
   b.  Within two days after filing the initial plan, the conservator shall give notice of the filing of the initial plan with a copy of the plan to the protected person, the protected person’s attorney and court advisor, if any, and others as directed by the court. The notice must state that any person entitled to a copy of the plan must file any objections to the plan not later than fifteen days after it is filed.
   c.  At least twenty days after the plan has been filed, the court shall review and determine whether the plan should be approved or revised, after considering objections filed and whether the plan is consistent with the conservator’s powers and duties.
   d.  After approval by the court, the conservator shall provide a copy of the approved plan and order approving the plan to the protected person, the protected person’s attorney and court advisor, if any, and others as directed by the court.
   e.  The conservator shall file an amended plan when there has been a significant change in circumstances or the conservator seeks to deviate significantly from the plan. Before the amended plan is implemented, the provisions for court approval of the plan shall be followed as provided in paragraphs “b”, “c”, and “d”.
   2.  A conservator shall file an inventory of the protected person’s assets within ninety days after appointment which includes an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. Copies of the inventory shall be provided to the protected person, the protected person’s attorney and court advisor (if any), and others as directed by the court. When the conservator receives additional property of the protected person, or becomes aware of its existence, a description of the property shall be included in the conservator’s next annual report.
   3.  A conservator shall file a written and verified report for the period since the end of the preceding report period. The court shall not waive these reports.
   a.  These reports shall include all of the following:
   (1)  Balance of funds on hand at the beginning and end of the period.
   (2)  Disbursements made.
   (3)  Changes in the conservator’s plan.
   (4)  List of assets as of the end of the period.
   (5)  Bond amount and surety’s name.
   (6)  Residence and physical location of the protected person.
   (7)  General physical and mental condition of the protected person.
   (8)  Other information reflecting the condition of the conservatorship estate.
   b.  These reports shall be filed:
   (1)  On an annual basis within sixty days of the end of the reporting period unless the court orders an extension for good cause shown in accordance with the rules of probate procedure.
   (2)  Within thirty days following removal of the conservator.
   (3)  Upon the conservator’s filing of a resignation and before the resignation is accepted by the court.
   (4)  Within sixty days following the termination of the conservatorship.
   (5)  At other times as ordered by the court.
   c.  Reports required by this section shall be served on the protected person’s attorney and court advisor, if any, and the veterans administration if the protected person is receiving veterans benefits.
    Sec. 54.  NEW SECTION.  633F.54  Removal of guardian and conservator.
   1.  The court may conduct a hearing to determine whether the removal of a guardian or conservator is appropriate upon any of the following:
   a.  The filing of a petition by a protected person, a guardian, a conservator, or other person with an interest in the welfare of such a person.
   b.  The receipt of a written communication from a protected person, a guardian, a conservator, or other person with an interest in the welfare of such a person, indicating that removal may be appropriate.
   c.  The court’s determination that such a hearing would be in the best interest of a protected person.
   2.  A person who is not the guardian, conservator, or protected person may request permission to participate in such hearing. The court may grant the request, with or without hearing, on determining that the person’s participation is in the best interest of the protected person. The court may impose appropriate limitations on the person’s participation.
   3.  Following a hearing, the court may remove a guardian and conservator for failure to perform the guardian or conservator’s duties or for other good cause, and appoint a successor guardian or conservator to assume the duties of the guardian or conservator, if needed under the circumstances.
   4.  The court may decline to hold a hearing under subsection 1 if the same or substantially similar facts were alleged in a petition or written communication filed in the preceding six months.
    Sec. 55.  NEW SECTION.  633F.55  Termination and modification of guardianships and conservatorships.
   1.  Guardianships and conservatorships shall terminate upon the occurrence of any of the following circumstances:
   a.  Death of the protected person.
   b.  A finding by the court that the basis for appointment no longer exists.
   c.  A determination by the court that the guardianship or conservatorship is no longer necessary for any other reason. 
   2.  A protected person, a guardian, a conservator, or a person interested in the welfare of the protected person may petition for or request one of the following:
   a.  Termination of the guardianship or conservatorship because the basis for appointment no longer exists.
   b.  Modification of the guardianship or conservatorship because the extent of protection or assistance granted is no longer appropriate.
   3.  The court shall conduct a hearing to determine whether termination or modification of a guardianship or conservatorship is appropriate upon the filing of a petition under subsection 2 that contains allegations that, if true, would support a reasonable belief that termination or modification of the guardianship or conservatorship may be appropriate. The court may also conduct a hearing upon any of the following:
   a.  The receipt of written communication from a protected person, a guardian, a conservator, or other person interested in the welfare of the protected person indicating that termination or modification may be appropriate.
   b.  The court’s determination that such a hearing would be in the best interest of a protected person.
   c.  A report from a guardian or conservator.
   4.  A person seeking termination or modification has the burden of making a prima facie showing that the guardianship or conservatorship should be terminated or modified. If such a showing is made, the guardian, the conservator, or other person resisting termination or modification has the burden to prove by clear and convincing evidence that the guardianship or conservatorship should not be terminated or modified.
   5.  The court shall modify the powers granted to the guardian or conservator if the court finds that the powers are either more than needed or less than needed in view of the decision-making capacity, functional abilities and limitations of the protected person, the availability of third‐party assistance and decision‐making supports for the protected person, or other circumstances.
   6.  Except as otherwise ordered by the court for good cause, before terminating or modifying a guardianship or conservatorship, the court shall follow the same procedures to safeguard the rights of the protected person as apply to a petition for a guardianship or conservatorship, including the right to representation by an attorney.
    Sec. 56.  NEW SECTION.  633F.56  Pleadings and hearings.
   In proceedings to establish, modify, or terminate a guardianship or conservatorship, or remove a guardian or conservator, the case shall be tried as a law action and be governed by the rules of civil procedure subject to the following requirements:
   1.  The respondent shall be entitled to a hearing on appointment, modification, removal, or termination.
   2.  The respondent shall be present at the hearing and at all other stages of the proceedings unless the court finds good cause for the absence of the respondent. If the respondent is not present, the court shall make a record of the lack of presence. The court shall make reasonable accommodations to enable the respondent to be present at the hearing and at all other stages of the proceedings.
   3.  The respondent may subpoena witnesses and documents, examine witnesses and documents, present evidence, and otherwise participate in the hearing.
   4.  The court shall require the proposed or existing guardian or conservator to attend the hearing except upon a showing of good cause.
   5.  The court shall require any court advisor it has appointed to attend the hearing.
   6.  Any person may file a written application to participate in a hearing or other proceeding. The court may grant the request without hearing unless a resistance to such application is filed within five days. If a resistance is filed within five days, the court shall hold a hearing on the application.
   7.  All hearings and proceedings shall be reported.
   8.  For purposes of this section, the term respondent includes, when appropriate, a protected person.
    Sec. 57.  NEW SECTION.  633F.57  Compensation of guardians, conservators, and attorneys.
   The compensation of guardians, conservators, guardian’s attorneys, and conservator’s attorneys shall be fixed according to section 633.200.
    Sec. 58.  NEW SECTION.  633F.58  Liability of guardians and conservators.
   Guardians and conservators shall not be held personally liable for actions or omissions taken or made in the official discharge of the guardian’s or conservator’s duties, except for any of the following:
   1.  A breach of fiduciary duty imposed by the provisions of chapter 633 or this chapter.
   2.  Willful or wanton misconduct in the official discharge of the guardian’s or conservator’s duties.
    Sec. 59.  NEW SECTION.  633F.59  Tort liability of guardians and conservators.
   The fact that a person is a guardian or conservator shall not make the person personally liable for damages for the acts of the protected person.
    Sec. 60.  NEW SECTION.  633F.60  Court costs in guardianships and conservatorships.
   A protected person shall be charged with the court costs of the protected person’s guardianship and conservatorship proceedings, including guardian’s and conservator’s fees, and the fees of attorneys representing guardians and conservators. The court may, upon application, enter an order waiving payment of the court costs in indigent cases. However, if the protected person becomes financially capable of paying any waived costs, the costs shall no longer be waived and shall be immediately payable.
    Sec. 61.  NEW SECTION.  633F.61  Provisions applicable to all fiduciaries shall govern.
   The provisions of chapter 633 applicable to all fiduciaries shall govern the appointment, qualification, oath, and bond of guardians and conservators with the following exceptions:
   1.  Guardians shall not be required to give bond unless the court, for good cause, finds that the best interests of the protected person require a bond.
   2.  Notwithstanding section 633.175, conservators other than Iowa financial institutions with trust powers must give surety bonds unless the court finds there is an alternative to such a bond that will provide sufficient protection of the conservatorship assets. The conservator shall submit a plan for any proposed alternative to a bond for review and approval by the court.
    Sec. 62.  CODE EDITOR DIRECTIVES.
   1.  The Code editor shall designate sections 633F.1 through 633F.3, as enacted by this division of this Act, as a subchapter entitled “JURISDICTION, DEFINITIONS, AND APPLICABILITY”.
   2.  The Code editor shall designate sections 633F.4 through 633F.18, as enacted by this division of this Act, as a subchapter entitled “GUARDIANSHIPS FOR MINORS”.
   3.  The Code editor shall designate sections 633F.19 through 633F.27, as enacted by this division of this Act, as a subchapter entitled “GUARDIANSHIPS FOR ADULTS”.
   4.  The Code editor shall designate sections 633F.28 through 633F.46, as enacted by this division of this Act, as a subchapter entitled “CONSERVATORSHIPS”.
   5.  The Code editor shall designate sections 633F.47 through 633F.61, as enacted by this division of this Act, as a subchapter entitled “PROCEEDINGS, ADMINISTRATION, AND CLOSING”.
DIVISION II
CONFORMING CHANGES

    Sec. 63.  Section 10.1, subsection 7, Code 2019, is amended to read as follows:
   7.  “Farm estate” means the real and personal property of a decedent, a ward protected person, or a trust as provided in chapters 633, and 633A, and 633F, if at least sixty percent of the gross receipts from the estate comes from farming.
    Sec. 64.  Section 48A.2, subsection 4, Code 2019, is amended to read as follows:
   4.  “Person who is incompetent to vote” means a person with an intellectual disability who has been found to lack the mental capacity to vote in a proceeding held pursuant to section 633.556 633F.22.
    Sec. 65.  Section 135C.24, subsection 5, Code 2019, is amended to read as follows:
   5.  The provisions of this section notwithstanding, upon the verified petition of the county board of supervisors the district court may appoint the administrator of a county care facility as conservator or guardian, or both, of a resident of such county care facility, in accordance with the provisions of chapter chapters 633 and 633F. Such administrator shall serve as conservator or guardian, or both, without fee. The county attorney shall serve as attorney for the administrator in such conservatorship or guardianship, or both, without fee. The administrator may establish either separate or common bank accounts for cash funds of such resident wards.
    Sec. 66.  Section 141A.1, subsection 15, Code 2019, is amended to read as follows:
   15.  “Legal guardian” means a person appointed by a court pursuant to chapter 633 or 633F or an attorney in fact as defined in section 144B.1. In the case of a minor, “legal guardian” also means a parent or other person responsible for the care of the minor.
    Sec. 67.  Section 144A.7, subsection 1, paragraph b, Code 2019, is amended to read as follows:
   b.  The guardian of the person of the patient if one has been appointed, provided court approval is obtained in accordance with section 633.635, subsection 2, paragraph “c” 633F.26, subsection 5, paragraph “c”. This paragraph does not require the appointment of a guardian in order for a treatment decision to be made under this section.
    Sec. 68.  Section 144B.6, subsection 1, Code 2019, is amended to read as follows:
   1.  Unless the district court sitting in equity specifically finds that the attorney in fact is acting in a manner contrary to the wishes of the principal or the durable power of attorney for health care provides otherwise, an attorney in fact who is known to the health care provider to be available and willing to make health care decisions has priority over any other person, including a guardian appointed pursuant to chapter 633 or 633F, to act for the principal in all matters of health care decisions. The attorney in fact has authority to make a particular health care decision only if the principal is unable, in the judgment of the attending physician, to make the health care decision. If the principal objects to a decision to withhold or withdraw health care, the principal shall be presumed to be able to make a decision.
    Sec. 69.  Section 217.13, subsection 3, Code 2019, is amended to read as follows:
   3.  All volunteers registered with the department and in compliance with departmental rules are considered state employees for purposes of chapter 669. However, this section does not except a conservator or guardian from an action brought under section 658.1A or 658.3. This section does not relieve a guardian or conservator from duties under chapter 633 or 633F.
    Sec. 70.  Section 222.34, Code 2019, is amended to read as follows:
   222.34  Guardianship proceedings.
   If a guardianship is proposed for a person with an intellectual disability, guardianship proceedings shall be initiated and conducted as provided in chapter 633 633F.
    Sec. 71.  Section 229.27, subsection 3, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   A hearing limited to the question of the person’s competence and conducted in substantially the manner prescribed in sections 633.552 to 633.556 633F.19, 633F.20, 633F.22, and 633F.56 shall be held when:
    Sec. 72.  Section 231E.5, subsection 2, paragraph g, subparagraph (6), Code 2019, is amended to read as follows:
   (6)  If determined necessary, file a petition for the appointment of a guardian or conservator pursuant to chapter 633 633F.
    Sec. 73.  Section 231E.5, subsections 4 and 5, Code 2019, are amended to read as follows:
   4.  An individual acting as the state public guardian or a local public guardian shall comply with applicable requirements for guardians and conservators pursuant to chapter 633 633F, or representative payees pursuant to federal law and regulations.
   5.  Notwithstanding any provision to the contrary, an individual acting as the state public guardian or a local public guardian shall not be subject to the posting of a bond pursuant to chapter 633 633F. An individual acting as the state public guardian or a local public guardian shall complete at least eight hours of training annually as certified by the department.
    Sec. 74.  Section 231E.6, subsection 2, Code 2019, is amended to read as follows:
   2.  For all appointments made pursuant to this section, notice shall be provided to the state office or local office prior to appointment. For appointments made pursuant to this section, the state office or local office shall only accept appointments made pursuant to the filing of an involuntary petition for appointment of a conservator or guardianship pursuant to chapter 633 633F.
    Sec. 75.  Section 231E.8, subsection 5, Code 2019, is amended to read as follows:
   5.  The state public guardian or a local public guardian shall be subject to discharge or removal, by the court, on the grounds and in the manner in which other guardians or conservators are discharged or removed pursuant to chapter 633 633F.
    Sec. 76.  Section 231E.12, Code 2019, is amended to read as follows:
   231E.12  Liability.
   All employees and volunteers of the state office and local offices operating under this chapter and other applicable chapters and pursuant to rules adopted under this and other applicable chapters are considered employees of the state and state volunteers for the purposes of chapter 669 and shall be afforded protection under section 669.21 or 669.24, as applicable. This section does not relieve a guardian or conservator from performing duties prescribed under chapter 633 or 633F.
    Sec. 77.  Section 232.3, subsection 1, Code 2019, is amended to read as follows:
   1.  During the pendency of an action under this chapter, a party to the action is estopped from litigating concurrently the custody, guardianship, or placement of a child who is the subject of the action, in a court other than the juvenile court. A district judge, district associate judge, magistrate, or judicial hospitalization referee, upon notice of the pendency of an action under this chapter, shall not issue an order, finding, or decision relating to the custody, guardianship, or placement of the child who is the subject of the action, under any law, including but not limited to chapter 598, 598B, or 633, or 633F.
    Sec. 78.  Section 232.101A, subsection 2, Code 2019, is amended to read as follows:
   2.  If the court transfers guardianship pursuant to subsection 1, the court may close the child in need of assistance case by transferring jurisdiction over the child’s guardianship to the probate court. The court shall inform the proposed guardian of the guardian’s reporting duties under section 633.669 633F.52 and other duties under chapter 633 633F. Upon transferring jurisdiction, the court shall direct the probate clerk, once the proposed guardian has filed an oath of office and identification in accordance with section 602.6111, to issue letters of appointment for guardianship and docket the case in probate. Records contained in the probate case file that were copied or transferred from the juvenile court file concerning the case shall be subject to section 232.147 and other confidentiality provisions of this chapter for cases not involving juvenile delinquency.
    Sec. 79.  Section 232.104, subsection 8, paragraph b, Code 2019, is amended to read as follows:
   b.  In lieu of the procedures specified in paragraph “a”, the court may close the child in need of assistance case by transferring jurisdiction over the child’s guardianship to the probate court. The court shall inform the proposed guardian of the guardian’s reporting duties under section 633.669 633F.52 and other duties under the probate code. Upon transferring jurisdiction, the court shall direct the probate clerk, once the proposed guardian has filed an oath of office and identification in accordance with section 602.6111, to issue letters of appointment for guardianship and docket the case in probate. Records contained in the probate case file that were copied or transferred from the juvenile court file concerning the case shall be subject to section 232.147 and other confidentiality provisions of this chapter for cases not involving juvenile delinquency.
    Sec. 80.  Section 235B.2, subsection 5, paragraph b, subparagraph (3), Code 2019, is amended to read as follows:
   (3)  The withholding or withdrawing of health care from a dependent adult who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the dependent adult or at the request of the dependent adult’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633 633F.
    Sec. 81.  Section 235B.3, subsection 9, paragraph a, Code 2019, is amended to read as follows:
   a.  If, upon completion of the evaluation or upon referral from the department of inspections and appeals, the department determines that the best interests of the dependent adult require court action, the department shall initiate action for the appointment of a guardian or conservator or for admission or commitment to an appropriate institution or facility pursuant to the applicable procedures under chapter 125, 222, 229, or 633 633F, or shall pursue other remedies provided by law. The appropriate county attorney shall assist the department in the preparation of the necessary papers to initiate the action and shall appear and represent the department at all district court proceedings.
    Sec. 82.  Section 235B.18, subsections 4 and 5, Code 2019, are amended to read as follows:
   4.  If, at the hearing, the judge finds by clear and convincing evidence that the dependent adult is in need of protective services and lacks the capacity to consent to the receipt of protective services, the judge may issue an order authorizing the provision of protective services. The order may include the designation of a person to be responsible for performing or obtaining protective services on behalf of the dependent adult or otherwise consenting to the receipt of protective services on behalf of the dependent adult. Within sixty days of the appointment of such a person the court shall conduct a review to determine if a petition shall be initiated in accordance with section 633.552 633F.19 for good cause shown. The court may extend the sixty-day period for an additional sixty days, at the end of which the court shall conduct a review to determine if a petition shall be initiated in accordance with section 633.552 633F.19. A dependent adult shall not be committed to a mental health facility under this section.
   5.  A determination by the court that a dependent adult lacks the capacity to consent to the receipt of protective services under this chapter shall not affect incompetency proceedings under sections 633.552 through 633.556 633F.19, 633F.20, 633F.22, and 633F.56 or any other proceedings, and incompetency proceedings under sections 633.552 through 633.556 633F.19, 633F.20, 633F.22, and 633F.56 shall not have a conclusive effect on the question of capacity to consent to the receipt of protective services under this chapter. A person previously adjudicated as incompetent under the relevant provisions of chapter 633 633F is entitled to the care, protection, and services under this chapter.
    Sec. 83.  Section 235B.19, subsection 5, paragraph a, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   Notwithstanding sections 633.552 633F.19 and 633.573 633F.32, upon a finding that there is probable cause to believe that the dependent adult abuse presents an immediate danger to the health or safety of the dependent adult or is producing irreparable harm to the physical or financial resources or property of the dependent adult, and that the dependent adult lacks capacity to consent to the receipt of services, the court may order the appointment of a temporary guardian or temporary conservator without notice to the dependent adult or the dependent adult’s attorney if all of the following conditions are met:
    Sec. 84.  Section 235E.1, subsection 5, paragraph b, subparagraph (3), Code 2019, is amended to read as follows:
   (3)  The withholding or withdrawing of health care from a dependent adult who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the dependent adult or at the request of the dependent adult’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633 633F.
    Sec. 85.  Section 235E.2, subsection 6, paragraph a, Code 2019, is amended to read as follows:
   a.  If, upon completion of an investigation, the department determines that the best interests of the dependent adult require court action, the department shall notify the department of human services of the potential need for a guardian or conservator or for admission or commitment to an appropriate institution or facility pursuant to the applicable procedures under chapter 125, 222, 229, or 633 633F, or shall pursue other remedies provided by law. The appropriate county attorney shall assist the department of human services in the preparation of the necessary papers to initiate the action and shall appear and represent the department of human services at all district court proceedings.
    Sec. 86.  Section 235F.1, subsection 5, paragraph b, subparagraph (3), Code 2019, is amended to read as follows:
   (3)  The withholding or withdrawing of health care from a vulnerable elder who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the vulnerable elder or at the request of the vulnerable elder’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633 633F.
    Sec. 87.  Section 235F.6, subsection 3, paragraph b, Code 2019, is amended to read as follows:
   b.   Grants relief that is more appropriately obtained in a protective proceeding filed under chapter 633 633F including but not limited to giving control and management of the funds, benefits, property, resources, belongings, or assets of the vulnerable elder to a guardian, conservator, or attorney in fact for any purpose other than the relief granted under subsection 2.
    Sec. 88.  Section 239B.13, subsection 2, Code 2019, is amended to read as follows:
   2.  The department may order the cash assistance under this chapter to be paid to a protective payee if it has been demonstrated that the specified relative with whom the child is residing is unable to manage the assistance in the best interest of the child. Protective payment of cash assistance shall not be made beyond a period of two years. The department may petition the district court sitting in probate to establish, pursuant to chapter 633 633F, a conservatorship over a participant. If a conservatorship is established, the participant’s cash assistance shall be paid to the conservator. In addition to the cash assistance, an amount not to exceed ten dollars per case per month may be allowed for conservatorship or guardianship fees if authorized by court order. The department may pay cash assistance or other cash benefits to a third party if the department determines that a third-party payment is essential to assure the proper use of the assistance or benefits.
    Sec. 89.  Section 252B.6A, subsection 4, Code 2019, is amended to read as follows:
   4.  For the purposes of this section, a “judicial proceeding” means an action to enforce support filed with a court of competent jurisdiction in which the court issues an order which identifies the amount of the support collection which is a direct result of the court proceeding. “Judicial proceedings” include but are not limited to those pursuant to chapters 598, 626, 633, 633F, 642, 654, or 684 and also include contempt proceedings if the collection payment is identified in the court order as the result of such a proceeding. “Judicial proceedings” do not include enforcement actions which the unit is required to implement under federal law including, but not limited to, income withholding.
    Sec. 90.  Section 565B.24, Code 2019, is amended to read as follows:
   565B.24  Other laws not applicable.
   Chapter Chapters 633 and 633F and all other laws of this state to the extent contrary to this chapter do not apply to the custodial property of a minor held by the custodian under this chapter.
    Sec. 91.  Section 602.6306, subsection 2, Code 2019, is amended to read as follows:
   2.  District associate judges also have jurisdiction in civil actions for money judgment where the amount in controversy does not exceed ten thousand dollars; jurisdiction over involuntary commitment, treatment, or hospitalization proceedings under chapters 125 and 229; jurisdiction of indictable misdemeanors, class “D” felony violations, and other felony arraignments; jurisdiction to enter a temporary or emergency order of protection under chapter 235F or 236, and to make court appointments and set hearings in criminal matters; jurisdiction to enter orders in probate which do not require notice and hearing and to set hearings in actions under chapter 633, or 633A, or 633F; and the jurisdiction provided in section 602.7101 when designated as a judge of the juvenile court. While presiding in these subject matters a district associate judge shall employ district judges’ practice and procedure.
    Sec. 92.  Section 602.8102, subsections 105 and 105A, Code 2019, are amended to read as follows:
   105.  Carry out duties of the clerk of the probate court as provided in chapter chapters 633 and 633F.
   105A.  Provide written notice to all duly appointed guardians and conservators of their liability as provided in sections 633.633A 633F.58 and 633.633B 633F.59.
    Sec. 93.  Section 633.27A, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   When a petition is filed for a conservatorship or guardianship, or a combined petition as provided in section 633.627 633F.34, the administration thereof shall be treated as one proceeding, with one docket number, from the date of the filing of the petition. The separate reporting requirements for conservatorships and guardianships shall continue to apply in a combined petition. The clerk shall clearly indicate on the docket whether the proceedings are voluntary or involuntary and whether a guardianship, a conservatorship, or combined.
    Sec. 94.  Section 633.551, subsections 3 and 5, Code 2019, are amended to read as follows:
   3.  In determining whether a guardianship or conservatorship is to be established, modified, or terminated, the district court shall consider if a limited guardianship or conservatorship pursuant to section 633.635 633F.26 or 633.637 633F.35 is appropriate. In making the determination, the court shall make findings of fact to support the powers conferred on the guardian or conservator.
   5.  Except as otherwise provided in sections 633.672 and 633.673 section 633F.57 or 633F.60, in proceedings to establish a guardianship or conservatorship, the costs, including attorney fees and expert witness fees, shall be assessed against the ward protected person or the ward’s protected person’s estate unless the proceeding is dismissed either voluntarily or involuntarily, in which case fees and costs may be assessed against the petitioner for good cause shown.
    Sec. 95.  Section 633.562, Code 2019, is amended to read as follows:
   633.562  Notification of guardianship powers.
   In a proceeding for the appointment of a guardian, the proposed ward respondent shall be given written notice which advises the proposed ward respondent that if a guardian is appointed, the guardian may, without court approval, provide for the care of the ward protected person, manage the ward’s protected person’s personal property and effects, assist the ward protected person in developing self-reliance and receiving professional care, counseling, treatment or services as needed, and ensure that the ward protected person receives necessary emergency medical services. The notice shall also advise the proposed ward respondent that, upon the court’s approval, the guardian may change the ward’s protected person’s permanent residence to a more restrictive residence, and arrange for major elective surgery or any other nonemergency major medical procedure. The notice shall clearly advise the proposed ward respondent in boldface type of a minimum size of ten points, of the right to counsel and the potential deprivation of the proposed ward’s respondent’s civil rights. The notice shall also state that the proposed ward respondent may use the ward’s respondent’s own attorney instead of an attorney appointed by the court. In an involuntary guardianship proceeding, the notice shall be served upon the proposed ward respondent with the notice of the filing of the petition as provided in section 633.554 633F.20.
    Sec. 96.  Section 633.634, Code 2019, is amended to read as follows:
   633.634  Combination of voluntary and standby petitions with involuntary petition for hearing.
   If prior to the time of hearing on a petition for the appointment of a guardian or a conservator, a petition is filed under the provisions of section 633.557, 633.572 633F.19 or 633.591 section 633F.41, subsection 1, the court shall combine the hearing on such petitions and determine who shall be appointed guardian or conservator, and such petition shall be triable to the court.
    Sec. 97.  Section 633.717, subsection 8, Code 2019, is amended to read as follows:
   8.  The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under section 633.551, 633.552 633F.19, or 633.566 633F.28, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
    Sec. 98.  Section 633B.102, subsections 2 and 6, Code 2019, are amended to read as follows:
   2.  “Conservator” or “conservatorship” means a conservator appointed or conservatorship established pursuant to sections 633.570 and 633.572 section 633F.31 or a similar provision of the laws of another state.
   6.  “Guardian” or “guardianship” means a guardian appointed or a guardianship established pursuant to sections 633.556 633F.22 and 633.560 633F.25 or a similar provision of the laws of another state.
    Sec. 99.  Section 633B.108, subsection 1, Code 2019, is amended to read as follows:
   1.  Under a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court if proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination. This section does not prohibit an individual from executing a petition for the voluntary appointment of a guardian or conservator on a standby basis pursuant to sections 633.560 633F.25 and 633.591 633F.41.
    Sec. 100.  Section 815.11, Code 2019, is amended to read as follows:
   815.11  Appropriations for indigent defense —— fund created.
   Costs incurred for legal representation by a court-appointed attorney under chapter 229A, 665, 822, or 908, or section 232.141, subsection 3, paragraph “d”, or section 598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or 815.10 on behalf of an indigent shall be paid from moneys appropriated by the general assembly to the office of the state public defender in the department of inspections and appeals and deposited in an account to be known as the indigent defense fund. Costs incurred representing an indigent defendant in a contempt action, or representing an indigent juvenile in a juvenile court proceeding, are also payable from the fund. However, costs incurred in any administrative proceeding or in any other proceeding under this chapter or chapter 598, 600, 600A, 633, 633A, 633F, 814, or 915 or other provisions of the Code or administrative rules are not payable from the fund.
    Sec. 101.  CODE EDITOR DIRECTIVE.
   1.  Section 633.3, subsections 7, 15, 20, and 21, section 633.78, subsection 1, unnumbered paragraph 1 and paragraph “b”, and subsection 4, paragraph “a”, sections 633.80, 633.93, and 633.112, section 633.123, subsection 1, paragraph “a”, and subparagraph (3), section 633.551, subsections 1, 2, and 4, and sections 633.617, 633.662, 633.676, 633.677, 633.681, and 633.682, Code 2019, are amended by striking the word “ward” and inserting in lieu thereof the words “protected person”.
   2.  Section 633.551, subsections 1 and 4, and section 633.557, subsection 1, Code 2019, are amended by striking the words “proposed ward” and inserting in lieu thereof the word “respondent”.
   3.  The Code editor is directed to make changes in any Code sections amended or enacted by any other Act to correspond with the changes made in this section of this Act if there appears to be no doubt as to the proper method of making the changes and the changes would not be contrary to or inconsistent with the purposes of this Act or any other Act.
    Sec. 102.  REPEAL.  Sections 633.552, 633.554, 633.555, 633.556, 633.557, 633.558, 633.559, 633.560, 633.561, 633.562, 633.566, 633.568, 633.569, 633.570, 633.571, 633.572, 633.573, 633.574, 633.575, 633.576, 633.580, 633.581, 633.582, 633.584, 633.585, 633.591, 633.591A, 633.592, 633.593, 633.594, 633.595, 633.596, 633.603, 633.604, 633.605, 633.606, 633.607, 633.608, 633.627, 633.628, 633.633, 633.633A, 633.633B, 633.635, 633.636, 633.637, 633.637A, 633.638, 633.639, 633.640, 633.641, 633.643, 633.644, 633.645, 633.646, 633.647, 633.648, 633.649, 633.650, 633.652, 633.653, 633.653A, 633.654, 633.655, 633.656, 633.657, 633.658, 633.659, 633.660, 633.661, 633.663, 633.664, 633.665, 633.666, 633.667, 633.668, 633.669, 633.670, 633.671, 633.672, 633.673, 633.675, and 633.679, Code 2019, are repealed.
DIVISION III
EFFECTIVE DATE AND APPLICABILITY PROVISIONS

    Sec. 103.  EFFECTIVE DATE.  This Act takes effect January 1, 2020.
    Sec. 104.  APPLICABILITY.  This Act applies January 1, 2020, to guardianships and conservatorships proceedings occurring on or after that date.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to guardianships and conservatorships for adults and minors and provides for jurisdiction, definitions, proceedings, administration, and closing. The bill creates new Code chapter 633F and repeals similar provisions from Code chapter 633. The new Code chapter is organized into five subchapters: jurisdictions, definitions, and applicability; guardianships for minors; guardianships for adults; conservatorships; and proceedings, administration, and closing.
   JURISDICTION, DEFINITIONS, AND APPLICABILITY. The bill provides the jurisdiction for minor and adult guardianships and conservatorships. The bill provides that district courts have jurisdiction over all conservatorships and adult guardianships. The bill provides that effective for petitions filed January 1, 2020, the juvenile court shall have exclusive, original jurisdiction for minor guardianships. The bill provides that existing guardianships as of that date shall be transferred to the juvenile court if requested by the protected person’s attorney, parent, or guardian, or if requested by the court. Prior to January 1, 2020, the district court shall have jurisdiction over minor guardianships. 
   The bill provides definitions for the following terms: adult, clerk, conservator, court, court advisor, demonstrated lack of consistent parental participation, fiduciary, full age, functional limitation, guardian, legal custody, legal representative, limited conservatorship, limited guardianship, loyalty, minor, parent, person, property, protected person, prudence, and respondent.
   “Court advisor” is defined as a person appointed by the court to investigate and report information relevant to a guardianship or conservatorship proceeding. “Protected person” is used in lieu of the former term “ward” and is defined as the person for whom a guardian or conservator has been appointed, or who is a respondent in a proceeding under the new Code chapter. “Respondent” is used in lieu of the former term “proposed ward” and is defined as the proposed protected person, including a person who is the subject of other proceedings under the new Code chapter. The bill makes corresponding term changes to the use of the terms “ward” and “proposed ward” in Code chapter 633. 
   The bill provides that all relevant provisions of the probate code, Code chapter 633, shall apply to proceedings to the extent not inconsistent with the provisions of Code chapter 633F. 
   GUARDIANSHIPS FOR MINORS. The bill prescribes the venue for a minor guardianship and provides for the transferring of a case in the best interests of a minor. The bill sets forth the requirements of what must be submitted in a petition for appointment of a guardian for a minor. The bill prescribes who shall receive notice of the filing of the petition of appointment of a guardian for a minor, order appointing counsel for the respondent, and setting a hearing on the petition. The bill prescribes who shall be required and who has a right to participate in the hearing for appointment of a guardian for a minor. The bill sets forth preferences for selection of a guardian for a minor. 
   The bill provides for a process for a standby petition for appointment of a guardian for a minor where an adult person having physical and legal custody of a minor may execute a verified petition for the appointment of a guardian of the minor upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which conditions, shall be established in the manner directed in the petition. 
   The bill provides a process for appointment of a guardian for a minor, which includes a background check and consideration of filing a child in need of assistance petition. The bill provides for two processes for the appointment of a guardian: one that provides for the appointment of a guardian for a minor without parental consent and one that provides for appointment of a guardian with parental consent. The bill provides for representation of a minor respondent, providing for an attorney for the minor respondent if the court determines that the interests of the minor are or may be inadequately represented. The bill also provides for representation for indigent parents of a minor respondent, providing that the court shall appoint an attorney for the parent identified in the petition for appointment of a guardian if the parent objects to the appointment of a guardian, the parent requests appointment of an attorney, and the court determines that the parent is unable to pay for an attorney in accordance with Code section 232.141. 
   The bill provides for emergency appointment of a guardian for a minor when the petitioner proves by a clear and convincing evidence that an emergency exists justifying the need for an immediate appointment. The bill provides rights for the protected person to terminate the emergency guardianship. The bill details the duties and powers of a guardian for a minor. The bill provides a process to transition a minor guardianship to an adult guardianship. 
   GUARDIANSHIPS FOR ADULTS. The bill sets forth the requirements of what must be submitted in a petition for appointment of a guardian for an adult. The bill prescribes who shall receive notice of the filing of the petition to appoint a guardian. The bill provides that in a proceeding for the appointment of a guardian, the respondent shall be given written notice of a guardian’s powers, including the potential deprivation of the respondent’s civil rights. The bill provides the process for determining whether to appoint a guardian or whether a limited guardianship might be more appropriate. The bill requires that upon a filing of a petition for appointment of a guardian, a background check shall be conducted when determining who the proposed guardian shall be. The bill discusses all of the areas that the court’s order shall address in the appointment of a guardian. 
   The bill provides for emergency appointment of a guardian for an adult when the petitioner proves by a clear and convincing evidence that an emergency exists justifying the need for an immediate appointment. The bill provides rights for the protected person to terminate the emergency guardianship. 
   The bill provides that the court shall appoint as guardian a qualified and suitable person who is willing to serve in that capacity and the same person may be appointed to serve as both guardian and conservator. The bill provides for a process for a petition for the appointment of a guardian on a standby basis. The bill prescribes the responsibilities of a guardian. The bill sets forth the rights of a protected person under a guardianship. 
   CONSERVATORSHIPS. The bill sets forth the requirements of what must be submitted in a petition for appointment of a conservator. The bill prescribes who shall receive notice of the filing petition for a conservatorship. The bill provides that in a proceeding for the appointment of a conservator, the respondent shall be given written notice of a conservator’s powers, including the potential deprivation of a respondent’s civil rights. The bill provides the process for determining whether to appoint a conservator or whether a limited conservatorship might be more appropriate. The bill requires that upon a filing of a petition for appointment of a conservatorship, a background check shall be conducted when determining who the proposed guardian shall be. The bill discusses all of the areas that the court’s order shall address in the appointment of a conservator. 
   The bill provides for emergency appointment of a conservator when the petitioner proves by a clear and convincing evidence that an emergency exists justifying the need for an immediate appointment. The bill provides rights for the protected person to terminate the emergency conservatorship. 
   The bill provides that the court shall appoint as conservator a qualified and suitable person who is willing to serve in that capacity and the same person may be appointed to serve as both guardian and conservator. The bill provides that the petition for appointment of a guardian for an adult and a petition for a conservator for an adult may be combined and the cause tried in the same manner as a petition for the appointment of a conservator. The bill provides the petition for appointment of a guardian for a minor and the petition for the appointment of a conservator of a minor shall not be combined. The bill sets forth the powers of a protected person in a conservatorship. The bill sets forth who has title and who has possession of a protected person’s property. The bill details the duties and powers of a conservator. 
   The bill provides that there is a presumption of fraud in a conservatorship if a contract, transfer, or gift is made by a protected person after a conservator has been appointed. The bill provides for a procedure in lieu of a conservatorship for money or other property due to a minor when a conservatorship is not in place. 
   The bill provides for a procedure for the appointment of a conservator for an adult on a standby basis in which an adult person of sound mind may execute a verified petition for the appointment of a conservator of the person’s property upon the express condition that such petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition. 
   The bill provides for a procedure for a standby petition for appointment of a conservator for a minor. The bill provides that an adult person having physical and legal custody of a minor may execute a verified petition for the appointment of a conservator of the minor upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition. The petition, in addition to containing the information required in new Code section 633F.28, shall include a statement that the petitioner understands the result of a conservator being appointed for the minor. An appointment of a conservator for a minor shall only be effective until the minor attains full age.
   The bill provides a process for when a person owns property located in the state of Iowa, the person’s whereabouts are unknown, and no provision for the care, control, and supervision of such property has been made, with the result that such property may be lost, damaged, or diminished in value, or that the dependents of such owners are likely to be deprived of means of support because of such absence. The bill allows any adult person to file with the clerk a petition for the appointment of a conservator of such property of the absentee. The bill provides a process for the appointment of a foreign conservator. The bill provides a process for the disposition of a protected person’s will. The bill provides for rules governing claims against protected persons or conservators. 
   PROCEEDINGS, ADMINISTRATION, AND CLOSING. The bill provides that a petitioner or respondent may submit a professional evaluation in a matter concerning the granting, modifying, or terminating of a guardianship or conservatorship for the respondent. The bill requires that the court order a professional evaluation unless the court finds it has sufficient information to determine whether the criteria for a guardianship or conservatorship are met or the petition or the petitioner or respondent has filed a professional evaluation. The bill provides additional guidelines to govern professional evaluations and how a court shall consider professional evaluations. 
   The bill provides direction for the position of a court advisor including what the court advisor shall do when appointed by the court. The bill specifies that the role of the court advisor is to gather and report factual information that will assist the court in making custody, visitation, or other decisions related to the welfare of the respondent. The bill specifies that the same person shall not serve both as the attorney representing the respondent and as court advisor. Additionally, the bill specifies that in a guardianship or conservatorship proceeding, the court shall not appoint a guardian ad litem. The bill sets forth what the court advisor’s written report shall entail and that the report shall be made part of the court record unless otherwise ordered by the court. 
   The bill provides for the appointment of an attorney for adult respondents and protected persons in conservatorships and adult respondents and protected persons in guardianships and sets forth the duties of the attorney representing a respondent or protected person. The bill provides for the cost of court-appointed attorneys for indigents to be assessed against the county in which the proceedings are pending. 
   The bill provides that the district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any guardianship or conservatorship action. The bill provides that the mediation shall be conducted in accordance with Code chapter 679C and standards set forth by the bill. 
   The bill provides that the appointment of a guardian or conservator does not create a presumption that the protected person lacks testamentary capacity. The bill describes the reporting requirements of guardians and conservators. 
   The bill provides that the court may conduct a hearing to determine whether the removal of a guardian or conservator is appropriate in certain circumstances set forth in the bill. The bill sets forth additional guidelines regarding the removal of a guardian or conservator. 
   The bill sets forth criteria to govern the termination or modification of guardianships and conservatorships. The bill provides that in proceedings to establish, modify, or terminate a guardianship or conservatorship, or to remove a guardian or conservator, the case shall be tried as a law action and governed by the rules of civil procedure subject to several requirements set forth in the bill. The bill provides that the compensation of guardians, conservators, guardian’s attorneys, and conservator’s attorneys shall be fixed according to Code section 633.200. The bill describes the liability of guardians and conservators for their own acts or omissions taken or made in the official discharge of their duties and for the acts of the protected person. 
   The bill provides that a protected person shall be charged with the court costs of the protected person’s guardianship and conservatorship proceedings, including guardian’s and conservator’s fees, and the fees of attorneys representing guardians and conservators. The bill provides that in the case of indigency, the court may, upon application, waive payment of court costs. However, the bill provides that if the protected person becomes financially capable of paying any waived costs, the costs shall no longer be waived and are immediately payable. The bill provides that the provisions of Code chapter 633 are applicable to all fiduciaries and govern the appointment, qualification, oath, and bond of guardians and conservators with two exceptions. 
   The bill repeals numerous sections in the probate code and makes conforming changes throughout the Code.
   The bill takes effect January 1, 2020. The bill applies to guardianship and conservatorship proceedings on or after that date.