House File 836 - Introduced HOUSE FILE 836 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 38) A BILL FOR An Act relating to the opening, administration, and termination 1 of adult guardianships and adult and minor conservatorships. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1076HV (2) 89 cm/jh
H.F. 836 DIVISION I 1 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 2 Section 1. Section 235B.6, subsection 2, paragraph d, Code 3 2021, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (7) To a district court conducting 5 checks of the dependent adult abuse registry for all proposed 6 guardians and conservators pursuant to section 633.564. 7 Sec. 2. Section 633.556, subsections 4, 5, and 8, Code 2021, 8 are amended to read as follows: 9 4. The petition shall list the name and address of all 10 of the petitioner and the petitioner’s relationship to the 11 respondent following: 12 a. The respondent . 13 b. The petitioner and the petitioner’s relationship to the 14 respondent. 15 c. The proposed guardian or conservator and the reason the 16 proposed guardian or conservator should be selected. 17 5. The petition shall list the name and address, to the 18 extent known, of the following: 19 a. The name and address of the proposed guardian and the 20 reason the proposed guardian should be selected. 21 b. Any spouse of the respondent. 22 c. Any adult children of the respondent. 23 d. Any parents of the respondent. 24 e. Any adult, who has had the primary care of the respondent 25 or with whom the respondent has lived for at least any time 26 during the six months prior to immediately preceding the filing 27 of the petition, or any institution or facility where the 28 respondent has resided for at least six months prior to any 29 time during the six months immediately preceding the filing of 30 the petition. 31 f. Any legal representative or representative payee of the 32 respondent. 33 g. Any person designated as an attorney in fact in a durable 34 power of attorney for health care which is valid under chapter 35 -1- LSB 1076HV (2) 89 cm/jh 1/ 31
H.F. 836 144B , or any person designated as an agent in a durable power 1 of attorney which is valid under chapter 633B . 2 8. The petition for conservator shall provide a brief 3 description of the respondent’s alleged functional limitations 4 that make the respondent unable to communicate or carry out 5 important decisions concerning the respondent’s financial 6 affairs. A petition for guardian shall provide a brief 7 description of the respondent’s alleged functional limitations 8 that make the respondent unable to provide for the respondent’s 9 safety, or to provide for necessities. 10 Sec. 3. Section 633.560, subsection 3, Code 2021, is amended 11 to read as follows: 12 3. The court shall require the proposed guardian or 13 conservator to attend the hearing on the petition but the court 14 may excuse the proposed guardian’s or conservator’s attendance 15 for good cause shown. 16 Sec. 4. Section 633.561, subsection 6, Code 2021, is amended 17 to read as follows: 18 6. If the court determines that it would be in the 19 respondent’s best interest to have legal representation 20 with respect to any further proceedings in a guardianship 21 or conservatorship, the court may appoint an attorney to 22 represent the respondent at the expense of the respondent or 23 the respondent’s estate, or if the respondent is indigent the 24 cost of the court appointed attorney shall be assessed against 25 the county in which the proceedings are pending. 26 Sec. 5. Section 633.562, subsections 1 and 3, Code 2021, are 27 amended to read as follows: 28 1. If the court determines that the appointment of a court 29 visitor would be in the best interest of the respondent, the 30 court shall appoint a court visitor at the expense of the 31 respondent or the respondent’s estate, or, if the respondent 32 is indigent, the cost of the court visitor shall be assessed 33 against the county in which the proceedings are pending. The 34 court may appoint any qualified person as a court visitor 35 -2- LSB 1076HV (2) 89 cm/jh 2/ 31
H.F. 836 in a guardianship or conservatorship proceeding. A person 1 is qualified to serve as a court visitor if the court 2 determines the person has demonstrated sufficient knowledge of 3 guardianships or conservatorships to adequately perform the 4 duties in subsection 3. 5 3. Unless otherwise enlarged or circumscribed by the court, 6 the duties of a court visitor with respect to the respondent 7 shall include all of the following: 8 a. Conducting an initial in-person interview with the 9 respondent. 10 b. Explaining to the respondent the substance of the 11 petition , and the purpose and effect of the guardianship or 12 conservatorship proceeding , the rights of the respondent at 13 the hearing, and the general powers and duties of a guardian 14 or conservator . 15 c. Determining , to the extent possible, the views of the 16 respondent regarding the proposed guardian or conservator , 17 the proposed guardian’s or conservator’s powers and duties, 18 and the scope and duration of the proposed guardianship or 19 conservatorship. 20 Sec. 6. Section 633.562, Code 2021, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 7. A court visitor shall be discharged 23 from all further duties upon appointment of a guardian or 24 conservator, unless otherwise ordered by the court. The court 25 may order a court visitor to continue to serve if the court 26 determines continued service would be in the best interest of 27 the protected person. If the court continues the service of 28 the court visitor, the court may limit the direct duties of the 29 court visitor as the court deems necessary. The court visitor 30 shall thereafter continue to serve until discharged by the 31 court. 32 Sec. 7. Section 633.563, subsection 1, Code 2021, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . c. The petition is for opening a 35 -3- LSB 1076HV (2) 89 cm/jh 3/ 31
H.F. 836 conservatorship for a minor. 1 Sec. 8. Section 633.564, subsections 1 and 2, Code 2021, are 2 amended to read as follows: 3 1. The court shall request criminal record checks and 4 checks of the child abuse, dependent adult abuse, and sexual 5 offender registries in this state for all proposed guardians 6 and conservators, other than financial institutions with Iowa 7 trust powers , unless a proposed guardian or conservator has 8 undergone the required background checks required by this 9 section within the six months prior to the filing of a petition 10 and the background check has been provided to the court . 11 2. The court shall review the results of background checks 12 in determining the suitability of a proposed guardian or 13 conservator for appointment , and may, for good cause shown, 14 share the results of background checks with the respondent, the 15 respondent’s attorney, the protected person’s attorney, and the 16 proposed guardian or conservator . 17 Sec. 9. Section 633.569, Code 2021, is amended to read as 18 follows: 19 633.569 Emergency appointment of temporary guardian or 20 conservator. 21 1. A person authorized to file a petition under section 22 633.552, 633.553 , or 633.554 633.556 or 633.557 may file an 23 application for the emergency appointment of a temporary 24 guardian or conservator. 25 2. Such application shall state all of the following: 26 a. The name and address of the respondent. 27 0b. The name and address of the petitioner and the 28 petitioner’s relationship to the respondent. 29 b. The name and address of the proposed guardian or 30 conservator and the reason the proposed guardian or conservator 31 should be selected. 32 0c. The names and addresses, to the extent known, of any 33 other persons who must be named in the petition for appointment 34 of a guardian or conservator under section 633.556 or 633.557. 35 -4- LSB 1076HV (2) 89 cm/jh 4/ 31
H.F. 836 c. The reason the emergency appointment of a temporary 1 guardian or conservator is sought. 2 3. The court may enter an ex parte order appointing a 3 temporary guardian or conservator on an emergency basis under 4 this section if the court finds that all of the following 5 conditions are met: 6 a. There is not sufficient time to file a petition and hold 7 a hearing pursuant to section 633.552, 633.553 , or 633.554 8 633.556, 633.557, 633.558, 633.559, or 633.560 . 9 b. The appointment of a temporary guardian or conservator 10 is necessary to avoid immediate or irreparable harm to the 11 respondent before a hearing with notice to the respondent can 12 be held . 13 c. There is reason to believe that the basis for appointment 14 of guardian or conservator exists under section 633.552, 15 633.553 , or 633.554 633.556 or 633.557 . 16 4. Notice of a petition for the appointment of a temporary 17 guardian or conservator and the issuance of an ex parte 18 order appointing a temporary guardian or conservator shall be 19 provided to the respondent, the respondent’s attorney, and any 20 other person the court determines should receive notice. 21 5. Upon the issuance of an ex parte order, if the respondent 22 is an adult, the respondent may file a request for a hearing. 23 If the respondent is a minor, the respondent, a parent having 24 legal custody of the respondent, or any other person having 25 legal custody of the respondent may file a written request for 26 a hearing. Such hearing shall be held no later than seven days 27 after the filing of a written request. 28 6. The powers of the temporary guardian or conservator 29 set forth in the order of the court shall be limited to those 30 necessary to address the emergency situation requiring the 31 appointment of a temporary guardian or conservator. 32 7. The temporary guardianship or conservatorship shall 33 terminate within thirty days after the order is issued unless 34 extended by the court . 35 -5- LSB 1076HV (2) 89 cm/jh 5/ 31
H.F. 836 8. The temporary guardian or conservator shall submit any 1 other report the court requires. 2 Sec. 10. Section 633.570, subsections 1 and 2, Code 2021, 3 are amended to read as follows: 4 1. In a proceeding for the appointment of a guardian, the 5 respondent shall be given written notice which advises the 6 respondent of the powers that the court may grant a guardian 7 may exercise without court approval pursuant to the powers set 8 out in section 633.635, subsection 2 , and the powers that the 9 guardian may exercise only with court approval pursuant to set 10 out in section 633.635, subsection 3 . 11 2. In a proceeding for the appointment of a conservator, 12 the respondent shall be given written notice which advises the 13 respondent of the powers that the court may grant a conservator 14 may exercise without court approval pursuant to section 633.646 15 and the powers that the guardian may exercise only with court 16 approval pursuant to section 633.647 the powers set out in 17 sections 633.641 and 633.642 . 18 Sec. 11. Section 633.635, subsection 1, Code 2021, is 19 amended to read as follows: 20 1. The order by the court appointing a guardian shall state 21 the factual basis for the guardianship pursuant to section 22 633.552 and the date on which the first reporting period for 23 the guardianship shall end . 24 Sec. 12. Section 633.635, subsection 2, unnumbered 25 paragraph 1, Code 2021, is amended to read as follows: 26 Based upon the evidence produced at the hearing, the court 27 may grant a guardian the following powers and duties with 28 respect to a protected person which may be exercised without 29 prior court approval : 30 Sec. 13. NEW SECTION . 633.640A Powers of conservator upon 31 appointment. 32 1. The order by the court appointing a conservator shall 33 state the basis for the conservatorship pursuant to section 34 633.553 or pursuant to section 633.554. 35 -6- LSB 1076HV (2) 89 cm/jh 6/ 31
H.F. 836 2. Upon appointment, the conservator may exercise the 1 powers relating to all fiduciaries as set out in sections 2 633.63 through 633.162, unless expressly modified by the court, 3 without prior court approval. 4 3. Until such time as the conservator files an initial 5 financial management plan and such plan is approved by the 6 court as required by section 633.670, subsection 1, the 7 conservator may exercise the following powers with respect to 8 a protected person without court approval except as otherwise 9 ordered by the court: 10 a. Collect, receive, and receipt for any principal or income 11 of the protected person. 12 b. Receive property of the protected person from any source. 13 c. Continue to hold any investment or other property of the 14 protected person. 15 d. Pay insurance premiums on existing policies, utilities, 16 taxes, care costs, medical and dental expenses, and serve as 17 representative payee for social security purposes. 18 e. Sell and transfer personal property of a perishable 19 nature and personal property for which there is a regularly 20 established market. 21 4. Powers conferred upon appointment of a conservator will 22 continue only until the court has approved the conservator’s 23 initial financial plan. The continuation of any powers 24 conferred upon appointment must be requested by a conservator 25 in the initial financial plan and may be continued only if the 26 initial financial plan is approved by the court. 27 Sec. 14. Section 633.641, Code 2021, is amended to read as 28 follows: 29 633.641 Duties of conservator. 30 1. A conservator is a fiduciary and has duties of prudence 31 and loyalty to the protected person. 32 2. In investing and selecting specific property for 33 distribution, a conservator shall consider any estate plan or 34 other donative, nominative, or appointive instrument of the 35 -7- LSB 1076HV (2) 89 cm/jh 7/ 31
H.F. 836 protected person, known to the conservator. 1 3. If a protected person has executed a valid power of 2 attorney under chapter 633B , the conservator shall act in 3 accordance with the applicable provisions of chapter 633B 4 If the court appoints a conservator for a protected person 5 who has previously executed a valid power of attorney under 6 chapter 633B, the power of attorney is suspended unless the 7 power of attorney provides otherwise or the court appointing 8 the conservator orders that the power of attorney should 9 continue . If the power of attorney continues, the agent is 10 accountable to the conservator as well as the principal. The 11 power of attorney shall be reinstated upon termination of 12 the conservatorship as a result of the principal regaining 13 capacity. 14 4. The conservator shall report to the department of human 15 services the protected person’s assets and income, if the 16 protected person is receiving medical assistance under chapter 17 249A . Such reports shall be made upon establishment of a 18 conservatorship for an individual applying for or receiving 19 medical assistance, upon application for benefits on behalf 20 of the protected person, upon annual or semiannual review of 21 continued medical assistance eligibility, when any significant 22 change in the protected person’s assets or income occurs, or 23 as otherwise requested by the department of human services. 24 Written reports shall be provided to the department of human 25 services office for the county in which the protected person 26 resides or the office in which the protected person’s medical 27 assistance is administered. 28 5. When investing and selecting specific property for 29 distribution, a conservator shall consider any estate plan or 30 other donative, nominative, or appointive instrument of the 31 protected person which is known to the conservator. 32 Sec. 15. Section 633.642, Code 2021, is amended to read as 33 follows: 34 633.642 Responsibilities of conservator. 35 -8- LSB 1076HV (2) 89 cm/jh 8/ 31
H.F. 836 1. Except as otherwise ordered by the court, a conservator 1 must give notice to persons entitled to notice and receive 2 specific prior authorization by the court before the 3 conservator may take any other action on behalf of the 4 protected person. These other powers Powers requiring court 5 approval include but are not limited to the authority of the 6 conservator to: 7 1. a. Invest the protected person’s assets consistent with 8 section 633.123 . 9 2. b. Make gifts on the protected person’s behalf from 10 conservatorship assets to persons or religious, educational, 11 scientific, charitable, or other nonprofit organizations to 12 whom or to which such gifts were regularly made prior to the 13 conservator’s appointment; or on a showing that such gifts 14 would benefit the protected person from the perspective of 15 gift, estate, inheritance, or other taxes. No gift shall be 16 allowed which would foreseeably prevent adequate provision for 17 the protected person’s best interest. 18 3. c. Make payments consistent with the conservator’s plan 19 described above directly to the protected person or to others 20 for the protected person’s education and training needs. 21 4. d. Use the protected person’s income or assets to 22 provide for any person that the protected person is legally 23 obligated to support. 24 5. e. Compromise, adjust, arbitrate, or settle any claim by 25 or against the protected person or the conservator. 26 6. f. Make elections for a protected person who is the 27 surviving spouse as provided in sections 633.236 and 633.240 . 28 7. g. Exercise the right to disclaim on behalf of the 29 protected person as provided in section 633E.5 . 30 8. h. Sell, mortgage, exchange, pledge, or lease the 31 protected person’s real and personal property consistent with 32 subchapter VII, part 6 of this chapter regarding sale of 33 property from a decedent’s estate. 34 2. Before exercising any of the powers granted pursuant to 35 -9- LSB 1076HV (2) 89 cm/jh 9/ 31
H.F. 836 this section, the powers must be added to the conservator’s 1 initial or amended financial plan and approved by the court. 2 Sec. 16. Section 633.669, Code 2021, is amended to read as 3 follows: 4 633.669 Reporting requirements —— assistance Reports by clerk 5 guardians . 6 1. A guardian appointed by the court under this chapter 7 shall file with the court the following written verified 8 reports which shall not be waived by the court: 9 a. An initial care plan filed within sixty days of 10 appointment. The information in the initial care plan shall 11 include but not be limited to the following information: 12 (1) The current residence of the protected person and the 13 guardian’s plan for the protected person’s living arrangements. 14 (2) The guardian’s plan for payment of the protected 15 person’s living expenses and other expenses. 16 (3) The protected person’s health status and health care 17 needs, and the guardian’s plan for meeting the protected 18 person’s needs for medical, dental, and other health care 19 needs. 20 (4) If applicable, the guardian’s plan for the provision of 21 other professional services needed by the protected person. 22 (5) If applicable, the guardian’s plan for meeting 23 the educational, training, and vocational needs of the 24 protected person. If applicable, for protected persons with 25 conservatorships, any action the guardian plans to take to 26 develop or restore the ability of the protected person to 27 manage the conservatorship estate. 28 (6) If applicable, the guardian’s plan for facilitating the 29 participation of the protected person in social activities. 30 (7) The guardian’s plan for facilitating contacts between 31 the protected person and the protected person’s family members 32 and other significant persons significant in the life of the 33 protected person . 34 (8) The guardian’s plan for contact with, and activities on 35 -10- LSB 1076HV (2) 89 cm/jh 10/ 31
H.F. 836 behalf of, the protected person. 1 (9) An estimate of the total amount and type of fees the 2 guardian anticipates charging per year and a statement of 3 justification for charging that fee. 4 0b. The guardian shall file an amended care plan when there 5 has been a significant change in the circumstances or the 6 guardian seeks to deviate significantly from the plan. The 7 guardian must obtain court approval of the amended plan before 8 implementing any of its provisions. 9 b. An annual report, filed within sixty days of the close 10 of the reporting period, unless the court otherwise orders on 11 good cause shown. The information in the annual report shall 12 include but not be limited to the following information: 13 (1) The current living arrangements of the protected 14 person. 15 (2) The sources of payment for the protected person’s living 16 expenses and other expenses. 17 (3) A description, if applicable, of the following: 18 (a) The protected person’s physical and mental health 19 status and the medical, dental, and other professional health 20 services provided to the protected person. 21 (b) If applicable, the protected person’s employment status 22 and the educational, training, and vocational services provided 23 to the protected person. 24 (c) The contact of the protected person with family members 25 and other significant persons. 26 (d) The nature and extent of the guardian’s visits with, and 27 activities on behalf of, the protected person. 28 (4) The guardian’s recommendation as to the need for 29 continuation of the guardianship. 30 (5) The ability of the guardian to continue as guardian. 31 (6) The need of the guardian for assistance in providing or 32 arranging for the provision of the care and protection of the 33 protected person. 34 (7) Any other information the guardian deems necessary for 35 -11- LSB 1076HV (2) 89 cm/jh 11/ 31
H.F. 836 the court to consider. 1 c. A final report within thirty days of the termination 2 of the guardianship under section 633.675 unless that time is 3 extended by the court. 4 2. The court shall develop a simplified uniform reporting 5 form for use which may be used in filing the required reports. 6 3. The clerk of the court shall notify the guardian in 7 writing of the reporting requirements and shall provide 8 information and assistance to the guardian in filing the 9 reports. 10 4. Reports of guardians shall be reviewed and approved by a 11 district court judge or referee. 12 5. The court, for good cause, may extend the deadline for 13 filing required reports. Required reports of a guardian which 14 are not timely filed and which are delinquent, and for which no 15 extension for filing has been granted by the court, shall be 16 administered as provided in section 633.65. 17 Sec. 17. Section 633.670, Code 2021, is amended to read as 18 follows: 19 633.670 Reports by conservators. 20 1. A conservator shall file an a verified initial financial 21 plan for protecting, managing, investing, expending, and 22 distributing the assets of the conservatorship estate within 23 ninety days after appointment. The plan must be based on the 24 needs of the protected person and take into account the best 25 interest of the protected person as well as the protected 26 person’s preference, values, and prior directions to the extent 27 known to, or reasonably ascertainable by, the conservator. 28 a. The initial financial management plan shall state the 29 protected person’s age, residence, living arrangements, and 30 sources of payment for living expenses, and shall include all 31 of the following: 32 (1) A budget containing projected expenses and resources, 33 including an estimate of the total amount of fees the 34 conservator anticipates charging per year and a statement or 35 -12- LSB 1076HV (2) 89 cm/jh 12/ 31
H.F. 836 list of the amount the conservator proposes to charge for each 1 service the conservator anticipates providing to the protected 2 person. 3 (2) A statement as to how the conservator will involve 4 the protected person in decisions about management of the 5 conservatorship estate. 6 (3) If ordered by the court, any step the conservator plans 7 to take to develop or restore the ability of the protected 8 person to manage the conservatorship estate. 9 (4) An estimate of the duration of the conservatorship. 10 b. Within two days after filing the initial plan, the The 11 conservator shall give provide notice of the filing of the 12 initial financial plan with and a copy of the initial financial 13 management plan to the protected person, the protected person’s 14 attorney , if any, and court visitor, if any, and others as 15 directed by the court. The notice must state that any person 16 entitled to a copy of the initial financial management plan 17 must file any objections to the initial financial management 18 plan not later than fifteen days after it is filed twenty days 19 from the date of mailing notice of filing the initial financial 20 management plan . 21 c. At least If no objections have been filed within twenty 22 days after the plan has been filed, the court shall review 23 and determine whether the plan should be approved or revised, 24 after considering objections filed and whether the plan is 25 consistent with the conservator’s powers and duties mailing 26 notice of the filing of the initial financial management plan, 27 the conservator shall submit a proposed order to the court 28 approving the initial financial management plan. The court 29 shall review and determine whether the initial financial 30 management plan should be approved or revised. Upon the 31 court’s approval of the initial financial management plan under 32 this subsection, the conservator shall provide a copy of the 33 approved plan and order approving the plan to the protected 34 person, the protected person’s attorney and court visitor, if 35 -13- LSB 1076HV (2) 89 cm/jh 13/ 31
H.F. 836 any, and others as directed by the court . 1 d. After approval by the court, the conservator shall 2 provide a copy of the approved plan and order approving the 3 plan to the protected person, the protected person’s attorney 4 and court visitor, if any, and others as directed by the 5 court. If any objection to the proposed plan is filed within 6 twenty days after the conservator has mailed notice of filing 7 the initial financial management plan, the conservator shall 8 request that the matter be set for hearing and provide notice 9 of the hearing date, time, and place to the same parties who 10 were sent copies of the initial financial management plan. 11 Following the hearing on the conservator’s proposed initial 12 financial management plan, the conservator shall provide a 13 copy of the approved plan and order approving the plan to the 14 protected person, the protected person’s attorney and court 15 visitor, if any, and others as directed by the court. 16 e. The conservator shall file an amended plan when there has 17 been a significant change in circumstances or the conservator 18 seeks to deviate significantly from the plan. Before the 19 amended plan is implemented, the provisions for court approval 20 of the plan shall be followed as provided in paragraphs “b” , 21 “c” , and “d” . 22 2. A conservator shall file an inventory of the protected 23 person’s assets within ninety days after appointment which 24 includes an oath or affirmation that the inventory is believed 25 to be complete and accurate as far as information permits. 26 Copies of the inventory shall be provided to the protected 27 person, the protected person’s attorney and court visitor, if 28 any, and others as directed by the court. When the conservator 29 receives additional property of the protected person, or 30 becomes aware of its existence, a description of the property 31 shall be included in the conservator’s next annual report. 32 3. A conservator shall file a written and verified report 33 for the period since the end of the preceding report period. 34 The court shall not waive these reports. 35 -14- LSB 1076HV (2) 89 cm/jh 14/ 31
H.F. 836 a. The annual report shall state the age, the residence, and 1 the living arrangements of the protected person, and sources 2 of payment for the protected person’s living expenses during 3 the reporting period. These reports shall also include all of 4 the following: 5 (1) Balance of funds on hand at the beginning and end of the 6 period. 7 (2) Disbursements made. 8 (3) Changes in the conservator’s plan. 9 (4) List of assets as of the end of the period. 10 (5) Bond amount and surety’s name. 11 (6) Residence and physical location of the protected 12 person. 13 (7) General physical and mental condition of the protected 14 person. 15 (8) Other information reflecting the condition of the 16 conservatorship estate All amounts received from any source 17 during the period . 18 (9) Any changes in investments. 19 (10) Recommendations of the conservator for retention or 20 disposition of conservatorship property. 21 (11) Other information reflecting the condition of the 22 conservatorship estate. 23 b. These reports shall be filed: 24 (1) On an annual basis within Within sixty days of the end 25 of the reporting period unless the court orders an extension 26 for good cause shown in accordance with the rules of probate 27 procedure. 28 (2) Within thirty days following removal of the 29 conservator. 30 (3) Upon the conservator’s filing of a resignation and 31 before the resignation is accepted by the court. 32 (4) Within sixty days following the termination of the 33 conservatorship. 34 (5) At other times as ordered by the court. 35 -15- LSB 1076HV (2) 89 cm/jh 15/ 31
H.F. 836 c. Reports required by this section shall be served on 1 the protected person, the protected person’s attorney and 2 court visitor, if any, and the veterans administration if the 3 protected person is receiving veterans veterans’ benefits. 4 4. The conservator shall file a verified final report with 5 the court as follows: 6 5. The conservator shall report to the department of human 7 services the protected person’s assets and income if the 8 protected person is receiving medical assistance under chapter 9 249A. Such reports shall be made upon establishment of a 10 conservatorship for an individual applying for or receiving 11 medical assistance, upon application for benefits on behalf 12 of the protected person, upon annual or semiannual review of 13 continued medical assistance eligibility, when any significant 14 change in the protected person’s assets or income occurs, or 15 as otherwise requested by the department of human services. 16 Written reports shall be provided to the department of human 17 services office for the county in which the protected person 18 resides or the office in which the protected person’s medical 19 assistance is administered. 20 Sec. 18. Section 633.675, subsections 2 and 3, Code 2021, 21 are amended to read as follows: 22 2. The court shall terminate a guardianship if it finds by 23 clear and convincing evidence that the basis for appointing a 24 guardian pursuant to section 633.552 has not been established. 25 3. The court shall terminate a conservatorship if the court 26 finds by clear and convincing evidence that the basis for 27 appointing a conservator pursuant to section 633.553 or 633.554 28 is not satisfied. 29 DIVISION II 30 CONFORMING CHANGES 31 Sec. 19. Section 633.3, subsections 9, 17, 22, and 23, Code 32 2021, are amended to read as follows: 33 9. Conservator —— means a person appointed by the court 34 to have the custody and control of the property of a ward 35 -16- LSB 1076HV (2) 89 cm/jh 16/ 31
H.F. 836 protected person under the provisions of this probate code. 1 17. Estate —— the real and personal property of either a 2 decedent or a ward protected person , and may also refer to the 3 real and personal property of a trust described in section 4 633.10 . 5 22. Guardian —— means the person appointed by the court to 6 have the custody of the person of the ward protected person 7 under the provisions of this probate code. 8 23. Guardian of the property —— at the election of the 9 person appointed by the court to have the custody and care of 10 the property of a ward protected person , the term “guardian of 11 the property” may be used, which term shall be synonymous with 12 the term “conservator” . 13 Sec. 20. Section 633.78, subsection 1, unnumbered paragraph 14 1, Code 2021, is amended to read as follows: 15 A fiduciary under this chapter may present a written request 16 to any person for the purpose of obtaining property owned by 17 a decedent or by a ward protected person of a conservatorship 18 for which the fiduciary has been appointed, or property to 19 which a decedent or ward protected person is entitled, or 20 for information about such property needed to perform the 21 fiduciary’s duties. The request must contain statements 22 confirming all of the following: 23 Sec. 21. Section 633.78, subsection 1, paragraph b, Code 24 2021, is amended to read as follows: 25 b. The request has been signed by all fiduciaries acting on 26 behalf of the decedent or ward protected person . 27 Sec. 22. Section 633.78, subsection 4, paragraph a, Code 28 2021, is amended to read as follows: 29 a. Damages sustained by the decedent’s or ward’s protected 30 person’s estate. 31 Sec. 23. Section 633.80, Code 2021, is amended to read as 32 follows: 33 633.80 Fiduciary of a fiduciary. 34 A fiduciary has no authority to act in a matter wherein the 35 -17- LSB 1076HV (2) 89 cm/jh 17/ 31
H.F. 836 fiduciary’s decedent or ward protected person was merely a 1 fiduciary, except that the fiduciary shall file a report and 2 accounting on behalf of the decedent or ward protected person 3 in said matter. 4 Sec. 24. Section 633.93, Code 2021, is amended to read as 5 follows: 6 633.93 Limitation on actions affecting deeds. 7 No action for recovery of any real estate sold by any 8 fiduciary can be maintained by any person claiming under the 9 deceased, the ward protected person , or a beneficiary, unless 10 brought within five years after the date of the recording of 11 the conveyance. 12 Sec. 25. Section 633.112, Code 2021, is amended to read as 13 follows: 14 633.112 Discovery of property. 15 The court may require any person suspected of having 16 possession of any property, including records and documents, 17 of the decedent, ward protected person , or the estate, or of 18 having had such property under the person’s control, to appear 19 and submit to an examination under oath touching such matters, 20 and if on such examination it appears that the person has the 21 wrongful possession of any such property, the court may order 22 the delivery thereof to the fiduciary. Such a person shall be 23 liable to the estate for all damages caused by the person’s 24 acts. 25 Sec. 26. Section 633.123, subsection 1, paragraph b, 26 subparagraph (3), Code 2021, is amended to read as follows: 27 (3) The needs and rights of the beneficiaries or the ward 28 protected person . 29 Sec. 27. Section 633.580, subsections 1 and 4, Code 2021, 30 are amended to read as follows: 31 1. The name, age, and last known post office address of the 32 proposed ward protected person . 33 4. A general description of the property of the proposed 34 ward protected person within this state and of the proposed 35 -18- LSB 1076HV (2) 89 cm/jh 18/ 31
H.F. 836 ward’s protected person’s right to receive property; also, the 1 estimated present value of the real estate, the estimated value 2 of the personal property, and the estimated gross annual income 3 of the estate. If any money is payable, or to become payable, 4 to the proposed ward protected person by the United States 5 through the United States department of veterans affairs, the 6 petition shall so state. 7 Sec. 28. Section 633.591A, Code 2021, is amended to read as 8 follows: 9 633.591A Voluntary petition for appointment of conservator 10 for a minor —— standby basis. 11 A person having physical and legal custody of a minor 12 may execute a verified petition for the appointment of a 13 standby conservator of the proposed ward’s protected person’s 14 property, upon the express condition that the petition shall 15 be acted upon by the court only upon the occurrence of an event 16 specified or the existence of a described condition of the 17 mental or physical health of the petitioner, the occurrence 18 of which event, or the existence of which condition, shall be 19 established in the manner directed in the petition. 20 Sec. 29. Section 633.603, Code 2021, is amended to read as 21 follows: 22 633.603 Appointment of foreign conservators. 23 When there is no conservatorship, nor any application 24 therefor pending, in this state, the duly qualified foreign 25 conservator or guardian of a nonresident ward protected 26 person may, upon application, be appointed conservator of the 27 property of such person in this state; provided that a resident 28 conservator is appointed to serve with the foreign conservator; 29 and provided further, that for good cause shown, the court 30 may appoint the foreign conservator to act alone without the 31 appointment of a resident conservator. 32 Sec. 30. Section 633.604, Code 2021, is amended to read as 33 follows: 34 633.604 Application. 35 -19- LSB 1076HV (2) 89 cm/jh 19/ 31
H.F. 836 The application for appointment of a foreign conservator 1 or guardian as conservator in this state shall include the 2 name and address of the nonresident ward protected person , and 3 of the nonresident conservator or guardian, and the name and 4 address of the resident conservator to be appointed. It shall 5 be accompanied by a certified copy of the original letters 6 or other authority conferring the power upon the foreign 7 conservator or guardian to act as such. The application 8 shall also state the cause for the appointment of the foreign 9 conservator to act as sole conservator, if such be the case. 10 Sec. 31. Section 633.605, Code 2021, is amended to read as 11 follows: 12 633.605 Personal property. 13 A foreign conservator or guardian of a nonresident may 14 be authorized by the court of the county wherein such ward 15 protected person has personal property to receive the same upon 16 compliance with the provisions of sections 633.606 , 633.607 and 17 633.608 . 18 Sec. 32. Section 633.607, Code 2021, is amended to read as 19 follows: 20 633.607 Order for delivery. 21 Upon the filing of the bond as above provided, and the court 22 being satisfied with the amount thereof, it shall order the 23 personal property of the ward protected person delivered to 24 such conservator or guardian. 25 Sec. 33. Section 633.633, Code 2021, is amended to read as 26 follows: 27 633.633 Provisions applicable to all fiduciaries shall 28 govern. 29 The provisions of this probate code applicable to all 30 fiduciaries shall govern the appointment, qualification, oath 31 and bond of guardians and conservators, except that a guardian 32 shall not be required to give bond unless the court, for good 33 cause, finds that the best interests of the ward protected 34 person require a bond. The court shall then fix the terms and 35 -20- LSB 1076HV (2) 89 cm/jh 20/ 31
H.F. 836 conditions of such bond. 1 Sec. 34. Section 633.633B, Code 2021, is amended to read as 2 follows: 3 633.633B Tort liability of guardians and conservators. 4 The fact that a person is a guardian or conservator shall not 5 in itself make the person personally liable for damages for the 6 acts of the ward protected person . 7 Sec. 35. Section 633.636, Code 2021, is amended to read as 8 follows: 9 633.636 Effect of appointment of guardian or conservator. 10 The appointment of a guardian or conservator shall not 11 constitute an adjudication that the ward protected person is of 12 unsound mind. 13 Sec. 36. Section 633.637, Code 2021, is amended to read as 14 follows: 15 633.637 Powers of ward protected person . 16 1. A ward protected person for whom a conservator has been 17 appointed shall not have the power to convey, encumber, or 18 dispose of property in any manner, other than by will if the 19 ward protected person possesses the requisite testamentary 20 capacity, unless the court determines that the ward protected 21 person has a limited ability to handle the ward’s protected 22 person’s own funds. If the court makes such a finding, the 23 court shall specify to what extent the ward protected person 24 may possess and use the ward’s protected person’s own funds. 25 2. Any modification of the powers of the ward protected 26 person that would be more restrictive of the ward’s protected 27 person’s control over the ward’s protected person’s financial 28 affairs shall be based upon clear and convincing evidence 29 and the burden of persuasion is on the conservator. Any 30 modification that would be less restrictive of the ward’s 31 protected person’s control over the ward’s protected person’s 32 financial affairs shall be based upon proof in accordance with 33 the requirements of section 633.675 . 34 Sec. 37. Section 633.637A, Code 2021, is amended to read as 35 -21- LSB 1076HV (2) 89 cm/jh 21/ 31
H.F. 836 follows: 1 633.637A Rights of ward protected person under guardianship. 2 An adult ward protected person under a guardianship has the 3 right of communication, visitation, or interaction with other 4 persons upon the consent of the adult ward protected person , 5 subject to section 633.635, subsection 2 , paragraph “i” , and 6 section 633.635, subsection 3 , paragraph “c” . If an adult ward 7 protected person is unable to give express consent to such 8 communication, visitation, or interaction with a person due 9 to a physical or mental condition, consent of an adult ward 10 protected person may be presumed by a guardian or a court based 11 on an adult ward’s protected person’s prior relationship with 12 such person. 13 Sec. 38. Section 633.638, Code 2021, is amended to read as 14 follows: 15 633.638 Presumption of fraud. 16 If a conservator be appointed, all contracts, transfers and 17 gifts made by the ward protected person after the filing of the 18 petition shall be presumed to be a fraud against the rights 19 and interest of the ward protected person except as otherwise 20 directed by the court pursuant to section 633.637 . 21 Sec. 39. Section 633.639, Code 2021, is amended to read as 22 follows: 23 633.639 Title to ward’s protected person’s property. 24 The title to all property of the ward protected person is 25 in the ward protected person and not the conservator subject, 26 however, to the possession of the conservator and to the 27 control of the court for the purposes of administration, 28 sale or other disposition, under the provisions of the 29 law. Any real property titled at any time in the name of a 30 conservatorship shall be deemed to be titled in the ward’s 31 protected person’s name subject to the conservator’s right of 32 possession. 33 Sec. 40. Section 633.640, Code 2021, is amended to read as 34 follows: 35 -22- LSB 1076HV (2) 89 cm/jh 22/ 31
H.F. 836 633.640 Conservator’s right to possession. 1 Every conservator shall have a right to, and shall take, 2 possession of all of the real and personal property of the 3 ward protected person . The conservator shall pay the taxes 4 and collect the income therefrom until the conservatorship is 5 terminated. The conservator may maintain an action for the 6 possession of the property, and to determine the title to the 7 same. 8 Sec. 41. Section 633.643, Code 2021, is amended to read as 9 follows: 10 633.643 Disposal of will by conservator. 11 When an instrument purporting to be the will of the ward 12 protected person comes into the hands of a conservator, the 13 conservator shall immediately deliver it to the court. 14 Sec. 42. Section 633.644, Code 2021, is amended to read as 15 follows: 16 633.644 Court order to preserve testamentary intent of ward 17 protected person . 18 Upon receiving an instrument purporting to be the will of a 19 living ward protected person under the provisions of section 20 633.643 , the court may open said will and read it. The court 21 with or without notice, as it may determine, may enter such 22 orders in the conservatorship as it deems advisable for the 23 proper administration of the conservatorship in light of the 24 expressed testamentary intent of the ward protected person . 25 Sec. 43. Section 633.645, Code 2021, is amended to read as 26 follows: 27 633.645 Court to deliver will to clerk. 28 An instrument purporting to be the will of a ward protected 29 person coming into the hands of the court under the provisions 30 of section 633.643 , shall thereafter be resealed by the court 31 and be deposited with the clerk to be held by said clerk as 32 provided in sections 633.286 through 633.289 . 33 Sec. 44. Section 633.653A, Code 2021, is amended to read as 34 follows: 35 -23- LSB 1076HV (2) 89 cm/jh 23/ 31
H.F. 836 633.653A Claims for cost of medical care or services. 1 The provision of medical care or services to a ward protected 2 person who is a recipient of medical assistance under chapter 3 249A creates a claim against the conservatorship for the amount 4 owed to the provider under the medical assistance program for 5 the care or services. The amount of the claim, after being 6 allowed or established as provided in this part, shall be paid 7 by the conservator from the assets of the conservatorship. 8 Sec. 45. Section 633.654, Code 2021, is amended to read as 9 follows: 10 633.654 Form and verification of claims —— general 11 requirements. 12 No claim shall be allowed against the estate of a ward 13 protected person upon application of the claimant unless 14 it shall be in writing, filed in duplicate with the clerk, 15 stating the claimant’s name and address, and describing the 16 nature and the amount thereof, if ascertainable. It shall be 17 accompanied by the affidavit of the claimant, or of someone for 18 the claimant, that the amount is justly due, or if not due, 19 when it will or may become due, that no payments have been 20 made thereon which are not credited, and that there are no 21 offsets to the same, to the knowledge of the affiant, except as 22 therein stated. The duplicate of said claim shall be mailed 23 by the clerk to the conservator or the conservator’s attorney 24 of record; however, valid contract claims arising in the 25 ordinary course of the conduct of the business or affairs of 26 the ward protected person by the conservator may be paid by the 27 conservator without requiring affidavit or filing. 28 Sec. 46. Section 633.656, Code 2021, is amended to read as 29 follows: 30 633.656 How claim entitled. 31 All claims filed against the estate of the ward protected 32 person shall be entitled in the name of the claimant against 33 the conservator as such, naming the conservator, and in all 34 further proceedings thereon, this title shall be preserved. 35 -24- LSB 1076HV (2) 89 cm/jh 24/ 31
H.F. 836 Sec. 47. Section 633.660, Code 2021, is amended to read as 1 follows: 2 633.660 Execution and levy prohibited. 3 No execution shall issue upon, nor shall any levy be made 4 against, any property of the estate of a ward protected person 5 under any judgment against the ward protected person or a 6 conservator, but the provisions of this section shall not be so 7 construed as to prevent the enforcement of a mortgage, pledge, 8 or other lien upon property in an appropriate proceeding. 9 Sec. 48. Section 633.661, Code 2021, is amended to read as 10 follows: 11 633.661 Claims of conservators. 12 If the conservator is a creditor of the ward, the conservator 13 shall file the claim as other creditors, and the court shall 14 appoint some competent person as temporary conservator to 15 represent the ward protected person at the hearing on the 16 conservator’s claim. The same procedure shall be followed in 17 the case of coconservators where all such conservators are 18 creditors of the ward protected person ; but if one of the 19 coconservators is not a creditor of the ward protected person , 20 such disinterested conservator shall represent the ward at the 21 hearing on any claim against the ward protected person by a 22 coconservator. 23 Sec. 49. Section 633.662, Code 2021, is amended to read as 24 follows: 25 633.662 Claims not filed. 26 The conservator may pay any valid claim against the estate of 27 the ward protected person even though such claim has not been 28 filed, but all such payments made by the conservator shall be 29 at the conservator’s own peril. 30 Sec. 50. Section 633.664, Code 2021, is amended to read as 31 follows: 32 633.664 Liens not affected by failure to file claim. 33 Nothing in sections 633.654 and 633.658 shall affect or 34 prevent an action or proceeding to enforce any mortgage, 35 -25- LSB 1076HV (2) 89 cm/jh 25/ 31
H.F. 836 pledge, or other lien upon the property of the ward protected 1 person . 2 Sec. 51. Section 633.665, Code 2021, is amended to read as 3 follows: 4 633.665 Separate actions and claims. 5 1. Any action pending against the ward protected person at 6 the time the conservator is appointed shall also be considered 7 a claim filed in the conservatorship if notice of substitution 8 is served on the conservator as defendant and a duplicate of 9 the proof of service of notice of such proceeding is filed in 10 the conservatorship proceeding. 11 2. A separate action based on a debt or other liability 12 of the ward protected person may be commenced against the 13 conservator in lieu of filing a claim in the conservatorship. 14 Such an action shall be commenced by serving an original notice 15 on the conservator and filing a duplicate of the proof of 16 service of notice of such proceeding in the conservatorship 17 proceeding. Such an action shall also be considered a claim 18 filed in the conservatorship. Such an action may be commenced 19 only in a county where the venue would have been proper if 20 there were no conservatorship and the action had been commenced 21 against the ward protected person . 22 Sec. 52. Section 633.667, Code 2021, is amended to read as 23 follows: 24 633.667 Payment of claims in insolvent conservatorships. 25 When it appears that the assets in a conservatorship are 26 insufficient to pay in full all the claims against such 27 conservatorship, the conservator shall report such matter to 28 the court, and the court shall, upon hearing, with notice to 29 all persons who have filed claims in the conservatorship, make 30 an order for the pro rata payment of claims giving claimants 31 the same priority, if any, as they would have if the ward 32 protected person were not under conservatorship. 33 Sec. 53. Section 633.668, Code 2021, is amended to read as 34 follows: 35 -26- LSB 1076HV (2) 89 cm/jh 26/ 31
H.F. 836 633.668 Conservator may make gifts. 1 For good cause shown and under order of court, a conservator 2 may make gifts on behalf of the ward protected person out of 3 the assets under a conservatorship to persons or religious, 4 educational, scientific, charitable, or other nonprofit 5 organizations to whom or to which such gifts were regularly 6 made prior to the commencement of the conservatorship, or on 7 a showing to the court that such gifts would benefit the ward 8 protected person or the ward’s protected person’s estate from 9 the standpoint of income, gift, estate or inheritance taxes. 10 The making of gifts out of the assets must not foreseeably 11 impair the ability to provide adequately for the best interests 12 of the ward protected person . 13 Sec. 54. Section 633.673, Code 2021, is amended to read as 14 follows: 15 633.673 Court costs in guardianships. 16 The ward protected person or the ward’s protected person’s 17 estate shall be charged with the court costs of a ward’s 18 guardianship, including the guardian’s fees and the fees of the 19 attorney for the guardian. The court may, upon application, 20 enter an order waiving payment of the court costs in indigent 21 cases. However, if the ward protected person or ward’s 22 protected person’s estate becomes financially capable of paying 23 any waived costs, the costs shall be paid immediately. 24 Sec. 55. Section 633.676, Code 2021, is amended to read as 25 follows: 26 633.676 Assets exhausted. 27 At any time that the assets of the ward’s protected person’s 28 estate do not exceed the amount of the charges and claims 29 against it, the court may direct the conservator to proceed to 30 terminate the conservatorship. 31 Sec. 56. Section 633.677, Code 2021, is amended to read as 32 follows: 33 633.677 Accounting to ward protected person —— notice. 34 Upon the termination of a conservatorship, the conservator 35 -27- LSB 1076HV (2) 89 cm/jh 27/ 31
H.F. 836 shall pay the costs of administration and shall render a full 1 and complete accounting to the ward protected person or the 2 ward’s protected person’s personal representative and to the 3 court. Notice of the final report of a conservator shall be 4 served on the ward protected person or the ward’s protected 5 person’s personal representative, in accordance with section 6 633.40 , unless notice is waived. An order prescribing notice 7 may be made before or after the filing of the final report. 8 Sec. 57. Section 633.681, Code 2021, is amended to read as 9 follows: 10 633.681 Assets of minor ward protected person exhausted. 11 When the assets of a minor ward’s protected person’s 12 conservatorship are exhausted or consist of personal property 13 only of an aggregate value not in excess of twenty-five 14 thousand dollars, the court, upon application or upon its 15 own motion, may terminate the conservatorship. The order 16 for termination shall direct the conservator to deliver any 17 property remaining after the payment of allowed claims and 18 expenses of administration to a custodian under any uniform 19 transfers to minors Act. Such delivery shall have the same 20 force and effect as if delivery had been made to the ward 21 protected person after attaining majority. 22 Sec. 58. Section 633.682, Code 2021, is amended to read as 23 follows: 24 633.682 Discharge of conservator and release of bond. 25 Upon settlement of the final accounting of a conservator, 26 and upon determining that the property of the ward protected 27 person has been delivered to the person or persons lawfully 28 entitled thereto, the court shall discharge the conservator and 29 exonerate the surety on the conservator’s bond. 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 adult and minor conservatorships. 35 -28- LSB 1076HV (2) 89 cm/jh 28/ 31
H.F. 836 The bill strikes a reference to “without prior court 1 approval” in a Code section listing powers a court may grant 2 to a guardian. 3 The bill also directs that the initial verified care plan 4 must include the guardian’s plan for applying and receiving 5 funds and benefits for the support of the minor. 6 The bill allows a district court conducting checks of the 7 dependent adult abuse registry for all proposed guardians and 8 conservators pursuant to Code section 633.564 to have access 9 to dependent adult abuse information other than unfounded 10 dependent adult abuse information. 11 The bill provides that the petition for guardianship shall 12 list the name and address of the following: the respondent, 13 the petitioner and the petitioner’s relationship to the 14 respondent, the proposed guardian or conservator and the 15 reason why the person should be selected, and any adult who 16 has had primary care of the respondent or any institution or 17 facility where the respondent resided any time during the six 18 months immediately preceding the filing of the petition. The 19 petition for guardianship shall provide a brief description of 20 the respondent’s alleged functional limitations that make a 21 guardianship necessary. 22 The bill provides that a court visitor will be discharged 23 upon the appointment of a guardian or conservator unless 24 ordered by the court to continue. 25 The bill provides that the court shall not order a 26 professional evaluation of the respondent if the petition is 27 for opening a conservatorship for a minor. 28 The bill changes the requirements of the background checks 29 for a proposed guardian. Previously, the proposed guardian 30 could use background checks from the past 12 months prior to 31 filing the petition. The bill changes that time frame to six 32 months and adds that the background check needs to have been 33 provided to the court. 34 The court may share the results of the background checks 35 -29- LSB 1076HV (2) 89 cm/jh 29/ 31
H.F. 836 with the respondent, the respondent’s attorney, the protected 1 person’s attorney, and the proposed guardian or conservator. 2 The bill provides that a person authorized under Code 3 section 633.556 (petition for appointment of guardian or 4 conservator for an adult) or Code section 633.557 (petition for 5 appointment of a conservator for a minor) file an emergency 6 appointment of temporary guardian or conservatorship petition. 7 The application shall include the name and address of the 8 respondent, the petitioner and the petitioner’s relationship 9 to the respondent, the name and address of the proposed 10 guardian or conservator and the reason the proposed guardian 11 or conservator should be selected, and the names and addresses 12 of any other person who must be named in the petition for 13 appointment pursuant to Code section 633.556 or Code section 14 633.557. The bill provides that an ex parte order may be 15 entered if the court finds that it is necessary to avoid 16 immediate or irreparable harm to the respondent before a 17 hearing with notice to the respondent can be held. 18 The bill enacts new Code section 633.640A, which provides 19 the powers of a conservator upon appointment. The bill 20 provides that an order appointing a conservator shall state 21 the basis for the conservatorship, and upon appointment 22 the conservator may exercise the powers relating to all 23 fiduciaries, unless expressly modified by the court, without 24 prior court approval. These powers include but are not 25 limited to the following: making written requests for the 26 purpose of obtaining the property of the protected person or 27 obtaining information about the property of the protected 28 person; designating and employing an attorney to assist in 29 the administration of the estate of the protected person; 30 holding investments in the name of a bank or trustee company; 31 and requiring a bank to show ownership of investments held in 32 nominee name and keep them separate from the assets of the 33 bank. The bill further provides that until the conservator 34 files and the court approves an initial financial management 35 -30- LSB 1076HV (2) 89 cm/jh 30/ 31
H.F. 836 plan, the conservator may exercise the following powers without 1 court approval except as otherwise ordered by the court: 2 collect, receive, and receipt for any principal or income of 3 the protected person; receive property of the protected person 4 from any source; and continue to hold any investment or other 5 property of the protected person. The bill also provides that 6 the clerk of the court shall issue letters of appointment upon 7 the filing of an appropriate oath by the conservator and a 8 copy of the initial order of the court and any future order, 9 granting or limiting the authority of the conservator to act 10 on behalf of the protected person, shall be attached to the 11 letters of appointment. 12 The bill amends the information required to be contained in 13 a guardian’s written verified reports including the initial 14 care plan and annual reports, and information required to be 15 included in reports by conservators including the initial 16 financial management plan, including an inventory of the 17 protected person’s assets and debts, the annual report, and the 18 final report. 19 The bill amends reporting requirements for guardians, and 20 requires that guardians must obtain court approval prior to any 21 significant deviation from the initial care plan filed with the 22 court. 23 The bill amends reporting requirements for conservators. 24 The conservator must give notice of filing a plan, and if no 25 objection is made within 20 days, the conservator must submit 26 a proposed order to the court approving the initial plan. If 27 there are objections to the plan, the court must set the matter 28 for hearing. 29 The bill makes conforming changes to the probate code by 30 changing the term “ward” to “protected person”. 31 -31- LSB 1076HV (2) 89 cm/jh 31/ 31