S.F. _____ Section 1. Section 633.556, subsections 4, 5, and 8, Code 1 2020, are amended to read as follows: 2 4. The petition shall list the name and address of the 3 petitioner and the petitioner’s relationship to the respondent. 4 following: 5 a. The name and address of the respondent. 6 b. The petitioner and the petitioner’s relationship to the 7 respondent. 8 c. The name and address of the proposed guardian or 9 conservator and the reason the proposed guardian or conservator 10 should be selected. 11 5. The petition shall list the name and address, to the 12 extent known, of the following: 13 a. The name and address of the proposed guardian and the 14 reason the proposed guardian should be selected. 15 b. a. Any spouse of the respondent. 16 c. b. Any adult children of the respondent. 17 d. c. Any parents of the respondent. 18 e. d. Any adult, who has had the primary care of the 19 respondent or with whom the respondent has lived for at least 20 six months prior to immediately preceding the filing of the 21 petition, or any institution or facility where the respondent 22 has resided for at least six months prior to the filing of the 23 petition. 24 f. e. Any legal representative or representative payee of 25 the respondent. 26 g. f. Any person designated as an attorney in fact in a 27 durable power of attorney for health care which is valid under 28 chapter 144B , or any person designated as an agent in a durable 29 power of attorney which is valid under chapter 633B . 30 8. The petition shall provide a brief description of 31 the respondent’s alleged functional limitations that make 32 the respondent unable to communicate or carry out important 33 decisions concerning the respondent’s financial affairs. 34 Sec. 2. Section 633.558, subsection 3, Code 2020, is amended 35 -1- LSB 5501XC (2) 88 as/jh 1/ 14

S.F. _____ to read as follows: 1 3. Notice of the filing of a petition given to persons under 2 subsections subsection 2 and 3 shall include a statement that 3 such persons may register to receive notice of the hearing 4 on the petition and other proceedings and the manner of such 5 registration. 6 Sec. 3. Section 633.561, subsection 4, paragraphs c and f, 7 Code 2020, are amended to read as follows: 8 c. Ensure that the respondent has been properly advised of 9 the respondent’s rights in a guardianship or conservatorship 10 proceeding. 11 f. Ensure that the guardianship or conservatorship 12 procedures conform to the statutory and due process 13 requirements of Iowa law. 14 Sec. 4. Section 633.561, subsection 5, paragraphs a and b, 15 Code 2020, are amended to read as follows: 16 a. Inform the respondent of the effects of the order entered 17 for appointment of guardian or conservator . 18 b. Advise the respondent of the respondent’s rights to 19 petition for modification or termination of the guardianship 20 or conservatorship . 21 Sec. 5. Section 633.562, subsection 5, paragraphs a and b, 22 Code 2020, are amended to read as follows: 23 a. A recommendation regarding the appropriateness of a 24 limited guardianship or conservatorship for the respondent, 25 including whether less restrictive alternatives are available. 26 b. A statement of the qualifications of the guardian or 27 conservator together with a statement of whether the respondent 28 has expressed agreement with the appointment of the proposed 29 guardian or conservator. 30 Sec. 6. Section 633.562, Code 2020, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 7. A court visitor shall be discharged 33 from all further duties upon appointment of a guardian or 34 conservator, unless further ordered by the court. The court 35 -2- LSB 5501XC (2) 88 as/jh 2/ 14

S.F. _____ may order a court visitor to continue to serve if the court 1 determines continued service would be in the best interest of 2 the protected person. If the court continues the service of 3 the court visitor, the court may limit the direct duties of the 4 court visitor as the court deems necessary. The court visitor 5 shall thereafter continue to serve until discharged by the 6 court. 7 Sec. 7. Section 633.563, subsection 7, unnumbered paragraph 8 1, Code 2020, is amended to read as follows: 9 The results of the evaluation ordered by the court shall be 10 made available to filed with the court and made available to 11 the following: 12 Sec. 8. Section 633.569, subsections 1, 2, and 3, Code 2020, 13 are amended to read as follows: 14 1. A person authorized to file a petition under section 15 633.552 , 633.553 , or 633.554 633.556 or 633.557 may file an 16 application for the emergency appointment of a temporary 17 guardian or conservator. 18 2. Such application shall state all of the following: 19 a. The name and address of the respondent. 20 b. The name and address of the petitioner. 21 b. c. The name and address of the proposed guardian or 22 conservator and the reason the proposed guardian or conservator 23 should be selected. 24 c. d. The reason the emergency appointment of a temporary 25 guardian or conservator is sought. 26 3. The court may enter an ex parte order appointing a 27 temporary guardian or conservator on an emergency basis under 28 this section if the court finds that all of the following 29 conditions are met: 30 a. There is not sufficient time to file a petition and hold 31 a hearing pursuant to section 633.552 , 633.553 , or 633.554 32 633.556 or 633.557 . 33 b. The appointment of a temporary guardian or conservator 34 is necessary to avoid immediate or irreparable harm to the 35 -3- LSB 5501XC (2) 88 as/jh 3/ 14

S.F. _____ respondent. 1 c. There is reason to believe that the basis for appointment 2 of guardian or conservator exists under section 633.552 , 3 633.553 , or 633.554 633.556 or 633.557 . 4 Sec. 9. Section 633.570, subsections 1 and 2, Code 2020, are 5 amended to read as follows: 6 1. In a proceeding for the appointment of a guardian, 7 the respondent shall be given written notice which advises 8 the respondent of the powers that that the court may grant 9 a guardian may exercise without court approval pursuant to 10 the powers set out in section 633.635, subsection 2 , and the 11 powers that the guardian may exercise only with court approval 12 pursuant to set out in section 633.635, subsection 3 . 13 2. In a proceeding for the appointment of a conservator, 14 the respondent shall be given written notice which advises the 15 respondent of the powers that the court may grant a conservator 16 may exercise without court approval pursuant to the powers set 17 out in section 633.646 and the powers that the guardian may 18 exercise only with court approval pursuant to section 633.647 19 633.642 . 20 Sec. 10. Section 633.635, subsection 2, unnumbered 21 paragraph 1, Code 2020, is amended to read as follows: 22 Based upon the evidence produced at the hearing, the court 23 may grant a guardian the following powers and duties with 24 respect to a protected person which may be exercised without 25 prior court approval : 26 Sec. 11. Section 633.635, subsection 3, unnumbered 27 paragraph 1, Code 2020, is amended to read as follows: 28 A Notwithstanding subsection 2, a guardian may be granted 29 the following powers which may only be exercised upon court 30 approval: 31 Sec. 12. Section 633.642, unnumbered paragraph 1, Code 32 2020, is amended to read as follows: 33 Except as otherwise ordered by the court , and except 34 for those powers relating to all fiduciaries as set out in 35 -4- LSB 5501XC (2) 88 as/jh 4/ 14

S.F. _____ sections 633.63 through 633.162 which may be exercised without 1 approval of the court unless expressly modified by the court , 2 a conservator must give notice to persons entitled to notice 3 and receive specific prior authorization by the court before 4 the conservator may take any other action on behalf of the 5 protected person. These other powers Powers requiring court 6 approval include but are not limited to the authority of the 7 conservator to: 8 Sec. 13. Section 633.669, subsection 1, Code 2020, is 9 amended to read as follows: 10 1. A guardian appointed by the court under this chapter 11 shall file with the court the following written verified 12 reports which shall not be waived by the court: 13 a. An initial care plan filed within sixty days of 14 appointment. The information in the initial care plan shall 15 include but not be limited to the following information: 16 (01) The age of the protected person, the reasons for the 17 protected person’s guardianship, and the highest educational 18 level attained by the protected person. 19 (1) The current residence of the protected person and the 20 guardian’s plan for the protected person’s living arrangements. 21 (2) The current sources of payment for the protected 22 person’s living expenses and other expenses, and the guardian’s 23 plan for payment of the protected person’s living expenses and 24 other expenses. 25 (3) The protected person’s health status and health care 26 needs, and the guardian’s plan for meeting the protected 27 person’s needs for medical, dental, and other health care 28 needs. 29 (3A) A concise description of whether the protected person 30 has a living will or health care power of attorney, if any. 31 (4) If applicable, the protected person’s need for other 32 professional services for mental, behavioral, or emotional 33 problems, or other problems, and the guardian’s plan for other 34 professional services needed by the protected person. 35 -5- LSB 5501XC (2) 88 as/jh 5/ 14

S.F. _____ (5) If applicable, a concise statement of the protected 1 person’s employment status, the protected person’s need 2 for educational, training, or vocational services, and the 3 guardian’s plan for meeting the educational, training, and 4 vocational needs of the protected person. 5 (6) If applicable, the guardian’s plan for facilitating the 6 participation of the protected person in social activities. 7 (7) The guardian’s plan for facilitating contacts between 8 the protected person and the protected person’s family members 9 and other significant persons. 10 (8) The guardian’s plan for contact with, and activities on 11 behalf of, the protected person. 12 (9) The powers that the guardian requests to carry out the 13 initial care plan. 14 b. An annual report, filed within sixty days of the close 15 of the reporting period , unless the court otherwise orders on 16 good cause shown . The information in the annual report shall 17 include but not be limited to the following information: 18 (1) The current living arrangements of the protected 19 person. 20 (2) The sources of payment for the protected person’s living 21 expenses and other expenses. 22 (3) A description, if applicable, of the following: 23 (a) The protected person’s physical and mental health 24 status and the medical, dental, and other professional health 25 services provided to the protected person. 26 (0b) The protected person’s mental, behavioral, or 27 emotional problems, or other problems, and the professional 28 services provided the protected person for mental, behavioral, 29 or emotional problems, or other problems. 30 (b) If applicable, the protected person’s employment status 31 and the educational, training, and vocational services provided 32 to the protected person. 33 (0c) The guardian’s facilitation of the participation of 34 the protected person in social activities. 35 -6- LSB 5501XC (2) 88 as/jh 6/ 14

S.F. _____ (c) The contact of the protected person with family members 1 and other significant persons. 2 (d) The nature and extent of the guardian’s visits with, and 3 activities on behalf of, the protected person. 4 (04) The guardian’s changes to the care plan for the 5 protected person for the next annual reporting period. 6 (004) The powers that the guardian requests to carry out 7 the care plan for the protected person for the next annual 8 reporting period. 9 (4) The guardian’s recommendation as to the need for 10 continuation of the guardianship. 11 (5) The ability of the guardian to continue as guardian. 12 (6) The need of the guardian for assistance in providing or 13 arranging for the provision of the care and protection of the 14 protected person. 15 c. A final report within thirty days of the termination 16 of the guardianship under section 633.675 unless that time is 17 extended by the court. 18 Sec. 14. Section 633.670, Code 2020, is amended to read as 19 follows: 20 633.670 Reports by conservators. 21 1. A conservator appointed by the court under this chapter 22 shall file an with the court a written verified initial 23 financial management plan for protecting, managing, investing, 24 expending, and distributing the assets of the conservatorship 25 estate within ninety days after appointment which shall not be 26 waived by the court . The plan must be based on the needs of 27 the protected person and take into account the best interest 28 of the protected person as well as the protected person’s 29 preference, values, and prior directions to the extent known 30 to, or reasonably ascertainable by, the conservator. 31 a. The initial plan shall include all of the following: The 32 initial financial management plan shall state the protected 33 person’s age, residence, living arrangements, and sources of 34 payment for living expenses. 35 -7- LSB 5501XC (2) 88 as/jh 7/ 14

S.F. _____ (1) A budget containing projected expenses and resources, 1 including an estimate of the total amount of fees the 2 conservator anticipates charging per year and a statement or 3 list of the amount the conservator proposes to charge for each 4 service the conservator anticipates providing to the protected 5 person. 6 (2) A statement as to how the conservator will involve 7 the protected person in decisions about management of the 8 conservatorship estate. 9 (3) If ordered by the court, any step the conservator plans 10 to take to develop or restore the ability of the protected 11 person to manage the conservatorship estate. 12 (4) An estimate of the duration of the conservatorship. 13 b. If applicable, the protected person’s will shall be 14 attached to the plan or filed with the court and the protected 15 person’s prepaid burial trust and powers of attorney shall be 16 described. 17 c. The conservator shall include a proposed budget for the 18 protected person and budget-related information for the next 19 annual reporting period including all of the following: 20 (1) The protected person’s receipts and income and 21 the projected sources of income including, if applicable, 22 wages, social security income, pension and retirement plan 23 distribution, veterans’ benefits, rental income, interest 24 earnings, and dividends, and the total estimated receipts and 25 income. 26 (2) The protected person’s liabilities and debts including, 27 if applicable, mortgage, car loans, credit card debt, federal, 28 state, and property taxes owed and the total estimated 29 liabilities and debts; a list and concise explanation of 30 any liability or debt owed by the protected person to the 31 conservator; a list and concise explanation of the liability of 32 any other person for a liability of the protected person. 33 (3) The protected person’s estimated expenses on a monthly 34 and annual basis including, if applicable, nursing home or 35 -8- LSB 5501XC (2) 88 as/jh 8/ 14

S.F. _____ facility charge, real property expenses for residence, food and 1 household expenses, utilities, household help and caregiver 2 expenses, health services and health insurance expenses, 3 educational and vocational expenses, personal auto and other 4 transportation expenses, clothing expenses, personal allowance 5 and other personal expenses, liabilities and debts, attorney 6 fees and other professional expenses, conservator fees, and 7 other administrative expenses. 8 d. The conservator shall include a list of the protected 9 person’s assets and the conservator’s plan for management 10 of these assets including, if applicable, financial 11 accounts including checking and certificates of deposit and 12 cash, investments including stocks, bonds, mutual funds, 13 exchange-traded funds, individual retirement accounts and other 14 investment accounts, pension, profit-sharing, annuities, and 15 retirement fund, personal property including household goods 16 and vehicles, receivables including mortgages and liens payable 17 to the protected person’s estate or trust, life insurance, and 18 other property. 19 e. The conservator shall include a statement as to how the 20 conservator will involve the protected person in decisions 21 about management of the conservatorship estate. 22 f. If ordered by the court, the conservator shall include 23 any action the conservator plans to take to develop or 24 restore the ability of the protected person to manage the 25 conservatorship estate. 26 g. The conservator shall include the authority that the 27 guardian requests to carry out the initial financial plan 28 including expenditures in accordance with the proposed budget 29 for the protected person and the plan for the management of the 30 assets of the protected person for the next annual reporting 31 period. 32 b. h. Within two days after filing the initial plan, the 33 conservator shall give notice of the filing of the initial plan 34 with a copy of the plan to the protected person, the protected 35 -9- LSB 5501XC (2) 88 as/jh 9/ 14

S.F. _____ person’s attorney , if any, and court advisor visitor , if any, 1 and others as directed by the court. The notice must state 2 that any person entitled to a copy of the plan must file any 3 objections to the plan not later than fifteen days after it is 4 filed. 5 c. i. At least twenty days after the plan has been filed, 6 the court shall review and determine whether the plan should 7 be approved or revised, after considering objections filed and 8 whether the plan is consistent with the conservator’s powers 9 and duties. 10 d. j. After approval by the court, the conservator shall 11 provide a copy of the approved plan and order approving the 12 plan to the protected person, the protected person’s attorney , 13 if any, and court advisor visitor , if any, and others as 14 directed by the court. 15 e. k. The conservator shall file an amended plan when 16 there has been a significant change in circumstances or the 17 conservator seeks to deviate significantly from the plan. 18 Before the amended plan is implemented, the provisions for 19 court approval of the plan shall be followed as provided in 20 paragraphs “b” , “c” , and “d” “h” , “i” , and “j” . 21 2. A conservator shall file an inventory of the protected 22 person’s assets within ninety days after appointment which 23 includes an oath or affirmation that the inventory is believed 24 to be complete and accurate as far as information permits. 25 Copies After approval by the court, the conservator shall 26 provide a copy of the inventory shall be provided to the 27 protected person, the protected person’s attorney , if any, 28 and court advisor visitor , if any, and others as directed by 29 the court. When the conservator receives additional property 30 of the protected person, or becomes aware of its existence, 31 a description of the property shall be included in the 32 conservator’s next annual report. 33 3. A conservator shall file a written and verified report on 34 an annual basis for the period since the end of the preceding 35 -10- LSB 5501XC (2) 88 as/jh 10/ 14

S.F. _____ report period . The court which shall not waive these reports 1 be waived by the court . 2 a. These reports shall include all of the following: The 3 annual report shall state the age, the residence and the living 4 arrangements of the protected person, and sources of payment 5 for the protected person’s living expenses during the reporting 6 period. 7 (1) Balance of funds on hand at the beginning and end of the 8 period. 9 (2) Disbursements made. 10 (3) Changes in the conservator’s plan. 11 (4) List of assets as of the end of the period. 12 (5) Bond amount and surety’s name. 13 (6) Residence and physical location of the protected 14 person. 15 (7) General physical and mental condition of the protected 16 person. 17 (8) Other information reflecting the condition of the 18 conservatorship estate. 19 b. These reports shall be filed: The conservator shall 20 submit with the annual report an inventory of the assets of the 21 protected person as of the last day of the reporting period 22 including the total value of assets at the beginning and end 23 of the reporting period. 24 (1) On an annual basis within sixty days of the end of the 25 reporting period unless the court orders an extension for good 26 cause shown in accordance with the rules of probate procedure. 27 c. The annual report shall include an itemization of all 28 income or funds received and all expenditures made by the 29 conservator on behalf of the protected person. If any of 30 the expenditures were made to provide support for or pay the 31 debts of another person, the annual report shall include an 32 explanation of these expenditures. If any of the expenditures 33 were made to pay any liability or debt owed by the protected 34 person to the conservator, the annual report shall include an 35 -11- LSB 5501XC (2) 88 as/jh 11/ 14

S.F. _____ explanation of these expenditures. If any of the expenditures 1 were made to pay any liability or debt that is also owed by 2 another person or entity, the annual report shall include an 3 explanation of these expenditures. 4 d. The annual report shall include the following budget and 5 information related to the budget for the protected person: 6 (1) A description of changes, if any, made in the budget 7 approved by the court for the preceding reporting period. 8 (2) A proposed budget and budget-related information for 9 the next reporting period containing the information set forth 10 in subsection 1, paragraph “c” . 11 (3) A request for approval of the proposed budget and 12 authority to make expenditures in accordance with the proposed 13 budget. 14 e. The annual report shall include the following information 15 related to the management of the assets of the protected 16 person: 17 (1) A description of changes, if any, in the plan for 18 management of the assets of the protected person approved by 19 the court for the preceding reporting period. 20 (2) A proposed plan for management of the assets of the 21 protected person for the next reporting period. 22 (3) A request for approval of the proposed plan for 23 management of the assets of the protected person and the 24 authority to carry out the plan. 25 f. The annual report shall describe, if applicable, how the 26 protected person was involved and will be involved in decisions 27 about management of assets. 28 g. The annual report shall describe, if ordered by the 29 court, the actions that have been taken and that will be taken 30 by the conservator to develop or restore the ability of the 31 protected person to manage the conservatorship’s assets. 32 h. The conservator may request court approval of fees 33 provided by an attorney on behalf of the conservatorship or the 34 protected person during the preceding reporting period. 35 -12- LSB 5501XC (2) 88 as/jh 12/ 14

S.F. _____ i. The conservator may request court approval of fees 1 provided the conservator on behalf of the conservatorship or 2 the protected person during the preceding reporting period. 3 4. The conservator shall file a written verified final 4 report with the court as follows: 5 (2) a. Within thirty days following removal of the 6 conservator. 7 (3) b. Upon the conservator’s filing of a resignation and 8 before the resignation is accepted by the court. 9 (4) c. Within sixty days following the termination of the 10 conservatorship. 11 (5) d. At other times as ordered by the court. 12 c. 5. Reports required by this section shall be served 13 on the protected person, the protected person’s attorney and 14 court advisor , if any, and the veterans administration if the 15 protected person is receiving veterans benefits. 16 Sec. 15. Section 633.675, subsections 2, 3, and 4, Code 17 2020, are amended to read as follows: 18 2. The court shall terminate a guardianship for an adult 19 if it finds by clear and convincing evidence that the basis 20 for appointing a guardian pursuant to section 633.552 is not 21 satisfied. 22 3. The court shall terminate a conservatorship for an adult 23 if the court finds by clear and convincing evidence that the 24 basis for appointing a conservator pursuant to section 633.553 25 or 633.554 is not satisfied. 26 4. The standard of proof and the burden of proof to be 27 applied in a termination proceeding to terminate a guardianship 28 or conservatorship for an adult shall be the same as set forth 29 in section 633.551, subsection 2 . 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the administration of adult 34 guardianships and conservatorships. 35 -13- LSB 5501XC (2) 88 as/jh 13/ 14

S.F. _____ The bill amends current law to provide that Code sections 1 apply to both guardianships and conservatorships of adults. 2 The bill provides that a court visitor will be discharged 3 upon the appointment of a guardian or conservator unless 4 ordered by the court to continue. 5 The bill specifies that a court-ordered professional 6 evaluation conducted at or before a hearing on a petition for 7 the appointment of a guardian or conservator must be filed with 8 the court. 9 The bill amends language concerning powers which a guardian 10 or conservator may be granted that can be exercised without 11 further court approval. The bill also amends powers of a 12 conservator which require further court approval before being 13 exercised. 14 The bill amends the information required to be contained in 15 a guardian’s written verified reports including the initial 16 care plan and annual reports, and information required to be 17 included in reports by conservators including the initial 18 financial management plan, the annual report, and the final 19 report. 20 -14- LSB 5501XC (2) 88 as/jh 14/ 14