Senate Study Bill 3131 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the initial care plan for minor and adult 1 guardianships and the initial plan and inventory for 2 adult conservatorships, and including effective date and 3 retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5930XC (3) 88 as/jh

S.F. _____ Section 1. REPORTS AND POWERS OF GUARDIANS AND CONSERVATORS 1 —— TRANSITION PROVISIONS. 2 1. Minor guardianships. Notwithstanding the provisions 3 of section 232D.501, subsection 1, paragraph “a”, designating 4 a verified initial care plan be filed by the guardian within 5 sixty days of appointment, for all minor guardianship cases 6 wherein the guardianship was established and the guardian was 7 appointed prior to January 1, 2020, the initial care plan 8 required by section 232D.501, subsection 1, paragraph “a”, 9 shall be filed with the previously scheduled annual report. 10 The annual report must comply with the requirements set forth 11 in section 232D.501, subsection 1, paragraph “a”. Guardians 12 appointed prior to January 1, 2020, have continuing authority 13 to perform acts concerning the protected person that were 14 authorized prior to January 1, 2020, through the date of the 15 guardian’s previously scheduled annual report. 16 2. Adult guardianships. Notwithstanding the provisions of 17 section 633.669, subsection 1, paragraph “a”, designating an 18 initial care plan be filed by the guardian within sixty days 19 of appointment, for all adult guardianship cases wherein the 20 guardianship was established and the guardian was appointed 21 prior to January 1, 2020, the initial care plan required by 22 section 633.669, subsection 1, paragraph “a”, shall be filed 23 with the previously scheduled annual report. The annual report 24 must comply with the requirements set forth in section 633.669, 25 subsection 1, paragraph “a”. Guardians appointed prior to 26 January 1, 2020, have continuing authority to perform acts 27 concerning the protected person that were authorized prior to 28 January 1, 2020, through the date of the guardian’s previously 29 scheduled annual report. 30 3. Conservatorships. Notwithstanding the provisions of 31 section 633.670, subsection 1, paragraph “a”, and section 32 633.670, subsection 2, designating an initial plan and 33 inventory be filed within ninety days of appointment, for 34 all conservatorship cases wherein the conservatorship was 35 -1- LSB 5930XC (3) 88 as/jh 1/ 3

S.F. _____ established and the conservator was appointed prior to 1 January 1, 2020, the initial plan required by section 633.670, 2 subsection 1, paragraph “a”, and inventory required by section 3 633.670, subsection 2, shall be filed with the previously 4 scheduled annual report. The annual report must comply with 5 the requirements set forth in section 633.670, subsection 3, 6 paragraph “a”. Conservators appointed prior to January 1, 7 2020, have continuing authority to perform acts concerning the 8 protected person that were authorized prior to January 1, 2020, 9 through the date of the conservator’s previously scheduled 10 annual report. 11 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 12 importance, takes effect upon enactment. 13 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies 14 retroactively to January 1, 2020. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the initial care plan for minor and 19 adult guardianships and the initial plan and inventory for 20 conservatorships. 21 2019 Iowa Acts, chapters 56 and 57, amended the laws 22 regarding guardianships and conservatorships, including 23 requirements relating to required reports. 24 The bill provides that for all guardianship cases wherein 25 the guardianship was established and the guardian was appointed 26 prior to January 1, 2020, the initial care plan for minors and 27 for adults shall be filed with the previously scheduled annual 28 report and not within 60 days of the initial appointment as 29 specified by 2019 Iowa Acts, chapters 56 and 57, respectively. 30 The annual report must comply with Code requirements and 31 guardians appointed prior to January 1, 2020, have continuing 32 authority to perform acts concerning the protected person that 33 were authorized prior to January 1, 2020, through the date of 34 the guardian’s previously scheduled annual report. 35 -2- LSB 5930XC (3) 88 as/jh 2/ 3

S.F. _____ The bill provides that for all conservatorship cases wherein 1 the conservatorship was established and the conservator was 2 appointed prior to January 1, 2020, the initial plan and 3 inventory shall be filed with the previously scheduled annual 4 report, and not within 90 days of appointment as specified by 5 2019 Iowa Acts, chapter 57. The annual report must comply with 6 Code requirements and conservators appointed prior to January 7 1, 2020, have continuing authority to perform acts concerning 8 the protected person that were authorized prior to January 9 1, 2020, through the date of the conservator’s previously 10 scheduled annual report. 11 The bill takes effect upon enactment and is retroactively 12 applicable to January 1, 2020. 13 -3- LSB 5930XC (3) 88 as/jh 3/ 3