House File 10 - Introduced HOUSE FILE 10 BY SALMON A BILL FOR An Act relating to the court’s discretion to require 1 conservators to post bond. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1146YH (1) 89 cm/jh
H.F. 10 Section 1. Section 633.174, Code 2021, is amended to read 1 as follows: 2 633.174 Guardians and conservators —— bond. 3 1. When the guardian appointed for a person is not the 4 conservator of the property of that person, no A bond shall not 5 be required of the appointed guardian or appointed conservator , 6 unless the court for good cause finds it proper to require one. 7 If no bond is initially required, the court may, nevertheless, 8 for good cause, at any subsequent time, require that a bond be 9 given. 10 2. Every conservator shall execute and file with the clerk 11 a bond with sufficient surety or sureties except as provided 12 in section 633.175 . 13 Sec. 2. Section 633.175, subsection 2, Code 2021, is amended 14 by striking the subsection. 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 a court’s ability to waive the 19 requirement of conservators to post bond. The bill provides 20 the court discretion as to whether a bond is required for 21 a conservator. Under current law, courts do not have the 22 discretion to waive bond for a conservator, other than a 23 financial institution with Iowa trust powers, unless the court 24 finds an alternative to bond that would protect the protected 25 person’s assets. 26 -1- LSB 1146YH (1) 89 cm/jh 1/ 1