Senate
Study
Bill
1007
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
opening
administration,
and
termination
1
of
adult
guardianships
and
adult
and
minor
conservatorships
2
and
terminology
changes
to
the
probate
code.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1313XC
(2)
89
cm/jh
S.F.
_____
DIVISION
I
1
GUARDIANS
AND
CONSERVATORSHIPS
2
Section
1.
Section
633.556,
subsections
5
and
8,
Code
2021,
3
are
amended
to
read
as
follows:
4
5.
The
petition
shall
list
the
name
and
address,
to
the
5
extent
known,
of
the
following:
6
a.
The
name
and
address
of
the
proposed
guardian
or
7
conservator
and
the
reason
the
proposed
guardian
or
conservator
8
should
be
selected.
9
b.
Any
spouse
of
the
respondent.
10
c.
Any
adult
children
of
the
respondent.
11
d.
Any
parents
of
the
respondent.
12
e.
Any
adult,
who
has
had
lived
with
or
been
the
primary
13
care
of
caregiver
for
the
respondent
or
with
whom
the
14
respondent
has
lived
for
at
least
six
months
prior
to
at
any
15
time
during
the
six-month
period
immediately
preceding
the
16
filing
of
the
petition,
or
and
any
institution
or
facility
17
where
the
respondent
has
resided
for
at
least
six
months
18
prior
to
at
any
time
during
the
six-month
period
immediately
19
preceding
the
filing
of
the
petition.
20
f.
Any
legal
representative
or
representative
payee
of
the
21
respondent.
22
g.
Any
person
designated
as
an
attorney
in
fact
in
a
durable
23
power
of
attorney
for
health
care
which
is
valid
under
chapter
24
144B
,
or
any
person
designated
as
an
agent
in
a
durable
power
25
of
attorney
which
is
valid
under
chapter
633B
.
26
8.
The
A
petition
for
conservator
shall
provide
a
brief
27
description
of
the
respondent’s
alleged
functional
limitations
28
that
make
the
respondent
unable
to
communicate
or
carry
out
29
important
decisions
concerning
the
respondent’s
financial
30
affairs.
A
petition
for
guardian
shall
provide
a
brief
31
description
of
the
respondent’s
alleged
functional
limitations
32
that
make
the
respondent
unable
to
provide
for
the
respondent’s
33
safety,
or
to
provide
for
necessities.
34
Sec.
2.
Section
633.560,
subsection
3,
Code
2021,
is
amended
35
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1/
21
S.F.
_____
to
read
as
follows:
1
3.
The
court
shall
require
the
proposed
guardian
or
2
conservator
to
attend
the
hearing
on
the
petition
but
the
court
3
may
excuse
the
proposed
guardian’s
or
conservator’s
attendance
4
for
good
cause
shown.
5
Sec.
3.
Section
633.562,
subsections
1
and
3,
Code
2021,
are
6
amended
to
read
as
follows:
7
1.
If
the
court
determines
that
the
appointment
of
a
court
8
visitor
would
be
in
the
best
interest
of
the
respondent,
9
the
court
shall
appoint
a
court
visitor
at
the
expense
10
of
the
respondent
or
the
respondent’s
estate,
or,
if
the
11
respondent
is
indigent,
the
cost
of
the
court
visitor
shall
12
be
assessed
against
the
county
in
which
the
proceedings
are
13
pending.
The
court
may
appoint
any
qualified
person
as
a
court
14
visitor
in
a
guardianship
or
conservatorship
proceeding.
A
15
person
is
qualified
to
serve
as
court
visitor
if
the
person
16
has
demonstrated
sufficient
knowledge
of
guardianships
or
17
conservatorships
to
adequately
perform
the
duties
in
subsection
18
3.
19
3.
Unless
otherwise
enlarged
or
circumscribed
by
the
court,
20
the
duties
of
a
court
visitor
with
respect
to
the
respondent
21
shall
include
all
of
the
following:
22
a.
Conducting
an
initial
in-person
interview
with
the
23
respondent.
24
b.
Explaining
to
the
respondent
the
substance
of
the
25
petition
,
and
the
purpose
and
effect
of
the
guardianship
or
26
conservatorship
proceeding
,
the
rights
of
the
respondent
at
27
the
hearing,
and
the
general
powers
and
duties
of
a
guardian
28
or
conservator
.
29
c.
Determining
,
to
the
extent
possible,
the
views
of
the
30
respondent
regarding
the
proposed
guardian
or
conservator
,
31
the
proposed
guardian’s
or
conservator’s
powers
and
duties,
32
and
the
scope
and
duration
of
the
proposed
guardianship
or
33
conservatorship.
34
Sec.
4.
Section
633.562,
Code
2021,
is
amended
by
adding
the
35
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(2)
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2/
21
S.F.
_____
following
new
subsection:
1
NEW
SUBSECTION
.
7.
A
court
visitor
shall
be
discharged
2
from
all
further
duties
upon
appointment
of
a
guardian
or
3
conservator,
unless
otherwise
ordered
by
the
court.
The
court
4
may
order
a
court
visitor
to
continue
to
serve
if
the
court
5
determines
continued
service
would
be
in
the
best
interest
of
6
the
protected
person.
If
the
court
continues
the
service
of
7
the
court
visitor,
the
court
may
limit
the
direct
duties
of
8
the
court
visitor
as
the
court
deems
necessary,
in
which
case
9
the
court
visitor
shall
thereafter
continue
to
serve
until
10
discharged
by
the
court.
11
Sec.
5.
Section
633.563,
subsection
1,
Code
2021,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
c.
The
petition
is
for
opening
a
14
conservatorship
for
a
minor.
15
Sec.
6.
Section
633.564,
subsections
1
and
2,
Code
2021,
are
16
amended
to
read
as
follows:
17
1.
The
court
shall
request
criminal
record
checks
and
18
checks
of
the
child
abuse,
dependent
adult
abuse,
and
sexual
19
offender
registries
in
this
state
for
all
proposed
guardians
20
and
conservators,
other
than
financial
institutions
with
Iowa
21
trust
powers
,
unless
a
proposed
guardian
or
conservator
has
22
undergone
the
background
checks
required
by
this
section
within
23
six
months
prior
to
the
filing
of
a
petition
and
the
background
24
checks
have
been
provided
to
the
court
.
25
2.
The
court
shall
review
the
results
of
background
checks
26
in
determining
the
suitability
of
a
proposed
guardian
or
27
conservator
for
appointment
,
and
may,
for
good
cause,
share
28
with
the
respondent,
the
respondent’s
attorney,
the
protected
29
person’s
attorney,
and
the
proposed
guardian
or
conservator,
30
the
results
of
background
checks,
unless
otherwise
prohibited
31
by
law
.
32
Sec.
7.
Section
633.569,
subsection
1,
Code
2021,
is
amended
33
to
read
as
follows:
34
1.
A
person
authorized
to
file
a
petition
under
section
35
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21
S.F.
_____
633.552,
633.553
,
or
633.554
633.556
or
633.557
may
file
an
1
application
for
the
emergency
appointment
of
a
temporary
2
guardian
or
conservator.
3
Sec.
8.
Section
633.569,
subsection
3,
paragraph
a,
Code
4
2021,
is
amended
to
read
as
follows:
5
a.
There
is
not
sufficient
time
to
file
a
petition
,
serve
6
notice,
and
hold
a
hearing
pursuant
to
section
633.552
,
7
633.553
,
or
633.554
sections
633.556,
633.557,
633.558,
8
633.559,
and
633.560
.
9
Sec.
9.
Section
633.635,
subsection
1,
Code
2021,
is
amended
10
to
read
as
follows:
11
1.
The
order
by
the
court
appointing
a
guardian
shall
state
12
the
basis
for
the
guardianship
pursuant
to
section
633.552
13
and
the
date
on
which
the
first
reporting
period
for
the
14
guardianship
will
end
.
15
Sec.
10.
Section
633.669,
Code
2021,
is
amended
to
read
as
16
follows:
17
633.669
Reporting
requirements
——
assistance
by
clerk
Reports
18
by
guardians
.
19
1.
A
guardian
appointed
by
the
court
under
this
chapter
20
shall
file
with
the
court
the
following
written
verified
21
reports
which
shall
not
be
waived
by
the
court:
22
a.
An
initial
care
plan
filed
within
sixty
days
of
23
appointment.
The
information
in
the
initial
care
plan
shall
24
include
but
not
be
limited
to
the
following
information:
25
(1)
The
current
residence
of
the
protected
person
and
the
26
guardian’s
plan
for
the
protected
person’s
living
arrangements.
27
(2)
The
guardian’s
plan
for
payment
of
the
protected
28
person’s
living
expenses
and
other
expenses.
29
(3)
The
protected
person’s
health
status
and
health
care
30
needs,
and
the
guardian’s
plan
for
meeting
the
protected
31
person’s
needs
for
medical,
dental,
and
other
health
care
32
needs.
33
(4)
If
applicable,
the
guardian’s
plan
for
the
provision
of
34
other
professional
services
needed
by
the
protected
person.
35
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_____
(5)
If
applicable,
the
guardian’s
plan
for
meeting
the
1
educational,
training,
and
vocational
needs
of
the
protected
2
person.
For
protected
persons
with
conservatorships,
any
step
3
the
guardian
plans
to
take
to
develop
or
restore
the
ability
of
4
the
protected
person
to
manage
the
conservatorship
estate.
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
persons
significant
persons
in
the
life
of
the
10
protected
person
.
11
(8)
The
guardian’s
plan
for
contact
with,
and
activities
on
12
behalf
of,
the
protected
person.
13
(9)
An
estimate
of
the
total
amount
of
fees
the
guardian
14
anticipates
charging
per
year
and
a
statement
or
list
of
the
15
amount
the
guardian
proposes
to
charge
for
each
service
the
16
guardian
anticipates
providing
to
the
protected
person.
17
0b.
The
guardian
shall
file
an
amended
plan
when
there
has
18
been
a
substantial
change
in
circumstances
or
the
guardian
19
seeks
to
deviate
significantly
from
the
plan.
The
guardian
20
must
obtain
approval
of
the
amended
plan
before
implementing
21
any
of
the
amended
plan’s
provisions.
22
b.
An
annual
report,
filed
within
sixty
days
of
the
close
23
of
the
reporting
period,
unless
the
court
otherwise
orders
on
24
good
cause
shown.
The
information
in
the
annual
report
shall
25
include
but
not
be
limited
to
the
following
information:
26
(1)
The
current
living
arrangements
of
the
protected
27
person.
28
(2)
The
sources
of
payment
for
the
protected
person’s
living
29
expenses
and
other
expenses.
30
(3)
A
description,
if
applicable,
of
the
following:
31
(a)
The
protected
person’s
physical
and
mental
health
32
status
and
the
medical,
dental,
and
other
professional
services
33
provided
to
the
protected
person.
34
(b)
If
applicable,
the
protected
person’s
employment
status
35
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S.F.
_____
and
the
educational,
training,
and
vocational
services
provided
1
to
the
protected
person.
2
(c)
The
contact
of
the
protected
person
with
family
members
3
and
other
significant
persons.
4
(d)
The
nature
and
extent
of
the
guardian’s
visits
with,
and
5
activities
on
behalf
of,
the
protected
person.
6
(4)
The
guardian’s
recommendation
as
to
the
need
for
7
continuation
of
the
guardianship.
8
(5)
The
ability
of
the
guardian
to
continue
as
guardian.
9
(6)
The
need
of
the
guardian
for
assistance
in
providing
or
10
arranging
for
the
provision
of
the
care
and
protection
of
the
11
protected
person.
12
c.
A
final
report
within
thirty
days
of
the
termination
13
of
the
guardianship
under
section
633.675
unless
that
time
is
14
extended
by
the
court.
15
2.
The
court
shall
develop
a
simplified
uniform
reporting
16
form
for
use
in
filing
the
required
reports.
17
3.
The
clerk
of
the
court
shall
notify
the
guardian
in
18
writing
of
the
reporting
requirements
and
shall
provide
19
information
and
assistance
to
the
guardian
in
filing
the
20
reports.
21
4.
Reports
of
guardians
shall
be
reviewed
and
approved
by
a
22
district
court
judge
or
referee.
23
Sec.
11.
Section
633.670,
subsection
1,
paragraph
a,
24
subparagraphs
(3)
and
(4),
Code
2021,
are
amended
by
striking
25
the
subparagraphs.
26
Sec.
12.
Section
633.670,
subsection
1,
paragraphs
b,
c,
and
27
d,
Code
2021,
are
amended
to
read
as
follows:
28
b.
Within
two
days
after
filing
the
initial
plan,
the
29
The
conservator
shall
give
provide
notice
of
the
filing
of
30
the
initial
plan
with
and
a
copy
of
the
initial
plan
to
the
31
protected
person,
the
protected
person’s
attorney
and
court
32
visitor,
if
any,
and
others
as
directed
by
the
court.
The
33
notice
must
state
that
any
person
entitled
to
a
copy
of
the
34
plan
must
file
any
objections
to
the
plan
not
later
than
35
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S.F.
_____
fifteen
days
after
it
is
filed
twenty
days
from
the
date
of
1
mailing
notice
of
filing
the
initial
plan
.
2
c.
At
least
If
no
objections
have
been
filed
within
twenty
3
days
after
the
plan
has
been
filed,
the
court
shall
review
and
4
determine
whether
the
plan
should
be
approved
or
revised,
after
5
considering
objections
filed
and
whether
the
plan
is
consistent
6
with
the
conservator’s
powers
and
duties
mailing
notice
of
7
the
filing
of
the
initial
plan,
the
conservator
shall
submit
8
a
proposed
order
to
the
court
approving
the
initial
plan.
9
Upon
the
court’s
approval
of
the
plan
under
this
subsection,
10
the
conservator
shall
provide
a
copy
of
the
approved
plan
and
11
order
approving
the
plan
to
the
protected
person,
the
protected
12
person’s
attorney
and
court
visitor,
if
any,
and
others
as
13
directed
by
the
court
.
14
d.
After
approval
by
the
court,
the
conservator
shall
15
provide
a
copy
of
the
approved
plan
and
order
approving
the
16
plan
to
the
protected
person,
the
protected
person’s
attorney
17
and
court
visitor,
if
any,
and
others
as
directed
by
the
court.
18
If
any
objections
to
the
proposed
plan
are
filed
within
twenty
19
days
after
the
conservator
has
mailed
notice
of
the
filing
of
20
the
plan,
the
conservator
shall
request
that
the
matter
be
set
21
for
hearing
and
provide
notice
of
the
hearing
date,
time,
and
22
place
to
the
same
parties
who
were
sent
copies
of
the
initial
23
plan.
Following
the
hearing
on
the
conservator’s
proposed
24
plan,
the
conservator
shall
provide
a
copy
of
the
approved
25
plan
and
order
approving
the
plan
to
the
protected
person,
the
26
protected
person’s
attorney
and
court
visitor,
if
any,
and
27
others
as
directed
by
the
court.
28
Sec.
13.
Section
633.670,
subsection
3,
paragraph
a,
Code
29
2021,
is
amended
by
adding
the
following
new
subparagraphs:
30
NEW
SUBPARAGRAPH
.
(7A)
All
amounts
received
from
any
source
31
during
the
period.
32
NEW
SUBPARAGRAPH
.
(7B)
Any
changes
in
investments.
33
NEW
SUBPARAGRAPH
.
(7C)
Recommendations
of
the
conservator
34
for
retention
or
disposition
of
property.
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Sec.
14.
Section
633.670,
subsection
3,
paragraph
b,
1
subparagraph
(1),
Code
2021,
is
amended
to
read
as
follows:
2
(1)
On
an
annual
basis
within
Within
sixty
days
of
the
end
3
of
the
reporting
period
unless
the
court
orders
an
extension
4
for
good
cause
shown
in
accordance
with
the
rules
of
probate
5
procedure.
6
Sec.
15.
Section
633.675,
subsections
2
and
3,
Code
2021,
7
are
amended
to
read
as
follows:
8
2.
The
court
shall
terminate
a
guardianship
if
it
finds
by
9
clear
and
convincing
evidence
that
the
basis
for
appointing
a
10
guardian
pursuant
to
section
633.552
has
not
been
established.
11
3.
The
court
shall
terminate
a
conservatorship
if
the
court
12
finds
by
clear
and
convincing
evidence
that
the
basis
for
13
appointing
a
conservator
pursuant
to
section
633.553
or
633.554
14
is
not
satisfied.
15
DIVISION
II
16
TERMINOLOGY
CHANGES
17
Sec.
16.
Section
633.3,
subsections
9,
17,
22,
and
23,
Code
18
2021,
are
amended
to
read
as
follows:
19
9.
Conservator
——
means
a
person
appointed
by
the
court
20
to
have
the
custody
and
control
of
the
property
of
a
ward
21
protected
person
under
the
provisions
of
this
probate
code.
22
17.
Estate
——
the
real
and
personal
property
of
either
a
23
decedent
or
a
ward
protected
person
,
and
may
also
refer
to
the
24
real
and
personal
property
of
a
trust
described
in
section
25
633.10
.
26
22.
Guardian
——
means
the
person
appointed
by
the
court
to
27
have
the
custody
of
the
person
of
the
ward
protected
person
28
under
the
provisions
of
this
probate
code.
29
23.
Guardian
of
the
property
——
at
the
election
of
the
30
person
appointed
by
the
court
to
have
the
custody
and
care
of
31
the
property
of
a
ward
protected
person
,
the
term
“guardian
of
32
the
property”
may
be
used,
which
term
shall
be
synonymous
with
33
the
term
“conservator”
.
34
Sec.
17.
Section
633.78,
subsection
1,
unnumbered
paragraph
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1,
Code
2021,
is
amended
to
read
as
follows:
1
A
fiduciary
under
this
chapter
may
present
a
written
request
2
to
any
person
for
the
purpose
of
obtaining
property
owned
by
3
a
decedent
or
by
a
ward
protected
person
of
a
conservatorship
4
for
which
the
fiduciary
has
been
appointed,
or
property
to
5
which
a
decedent
or
ward
protected
person
is
entitled,
or
6
for
information
about
such
property
needed
to
perform
the
7
fiduciary’s
duties.
The
request
must
contain
statements
8
confirming
all
of
the
following:
9
Sec.
18.
Section
633.78,
subsection
1,
paragraph
b,
Code
10
2021,
is
amended
to
read
as
follows:
11
b.
The
request
has
been
signed
by
all
fiduciaries
acting
on
12
behalf
of
the
decedent
or
ward
protected
person
.
13
Sec.
19.
Section
633.78,
subsection
4,
paragraph
a,
Code
14
2021,
is
amended
to
read
as
follows:
15
a.
Damages
sustained
by
the
decedent’s
or
ward’s
protected
16
person’s
estate.
17
Sec.
20.
Section
633.80,
Code
2021,
is
amended
to
read
as
18
follows:
19
633.80
Fiduciary
of
a
fiduciary.
20
A
fiduciary
has
no
authority
to
act
in
a
matter
wherein
the
21
fiduciary’s
decedent
or
ward
protected
person
was
merely
a
22
fiduciary,
except
that
the
fiduciary
shall
file
a
report
and
23
accounting
on
behalf
of
the
decedent
or
ward
protected
person
24
in
said
matter.
25
Sec.
21.
Section
633.93,
Code
2021,
is
amended
to
read
as
26
follows:
27
633.93
Limitation
on
actions
affecting
deeds.
28
No
action
for
recovery
of
any
real
estate
sold
by
any
29
fiduciary
can
be
maintained
by
any
person
claiming
under
the
30
deceased,
the
ward
protected
person
,
or
a
beneficiary,
unless
31
brought
within
five
years
after
the
date
of
the
recording
of
32
the
conveyance.
33
Sec.
22.
Section
633.112,
Code
2021,
is
amended
to
read
as
34
follows:
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633.112
Discovery
of
property.
1
The
court
may
require
any
person
suspected
of
having
2
possession
of
any
property,
including
records
and
documents,
3
of
the
decedent,
ward
protected
person
,
or
the
estate,
or
of
4
having
had
such
property
under
the
person’s
control,
to
appear
5
and
submit
to
an
examination
under
oath
touching
such
matters,
6
and
if
on
such
examination
it
appears
that
the
person
has
the
7
wrongful
possession
of
any
such
property,
the
court
may
order
8
the
delivery
thereof
to
the
fiduciary.
Such
a
person
shall
be
9
liable
to
the
estate
for
all
damages
caused
by
the
person’s
10
acts.
11
Sec.
23.
Section
633.123,
subsection
1,
paragraph
b,
12
subparagraph
(3),
Code
2021,
is
amended
to
read
as
follows:
13
(3)
The
needs
and
rights
of
the
beneficiaries
or
the
ward
14
protected
person
.
15
Sec.
24.
Section
633.580,
subsections
1
and
4,
Code
2021,
16
are
amended
to
read
as
follows:
17
1.
The
name,
age,
and
last
known
post
office
address
of
the
18
proposed
ward
protected
person
.
19
4.
A
general
description
of
the
property
of
the
proposed
20
ward
protected
person
within
this
state
and
of
the
proposed
21
ward’s
protected
person’s
right
to
receive
property;
also,
the
22
estimated
present
value
of
the
real
estate,
the
estimated
value
23
of
the
personal
property,
and
the
estimated
gross
annual
income
24
of
the
estate.
If
any
money
is
payable,
or
to
become
payable,
25
to
the
proposed
ward
protected
person
by
the
United
States
26
through
the
United
States
department
of
veterans
affairs,
the
27
petition
shall
so
state.
28
Sec.
25.
Section
633.591A,
Code
2021,
is
amended
to
read
as
29
follows:
30
633.591A
Voluntary
petition
for
appointment
of
conservator
31
for
a
minor
——
standby
basis.
32
A
person
having
physical
and
legal
custody
of
a
minor
33
may
execute
a
verified
petition
for
the
appointment
of
a
34
standby
conservator
of
the
proposed
ward’s
protected
person’s
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property,
upon
the
express
condition
that
the
petition
shall
1
be
acted
upon
by
the
court
only
upon
the
occurrence
of
an
event
2
specified
or
the
existence
of
a
described
condition
of
the
3
mental
or
physical
health
of
the
petitioner,
the
occurrence
4
of
which
event,
or
the
existence
of
which
condition,
shall
be
5
established
in
the
manner
directed
in
the
petition.
6
Sec.
26.
Section
633.603,
Code
2021,
is
amended
to
read
as
7
follows:
8
633.603
Appointment
of
foreign
conservators.
9
When
there
is
no
conservatorship,
nor
any
application
10
therefor
pending,
in
this
state,
the
duly
qualified
foreign
11
conservator
or
guardian
of
a
nonresident
ward
protected
12
person
may,
upon
application,
be
appointed
conservator
of
the
13
property
of
such
person
in
this
state;
provided
that
a
resident
14
conservator
is
appointed
to
serve
with
the
foreign
conservator;
15
and
provided
further,
that
for
good
cause
shown,
the
court
16
may
appoint
the
foreign
conservator
to
act
alone
without
the
17
appointment
of
a
resident
conservator.
18
Sec.
27.
Section
633.604,
Code
2021,
is
amended
to
read
as
19
follows:
20
633.604
Application.
21
The
application
for
appointment
of
a
foreign
conservator
22
or
guardian
as
conservator
in
this
state
shall
include
the
23
name
and
address
of
the
nonresident
ward
protected
person
,
and
24
of
the
nonresident
conservator
or
guardian,
and
the
name
and
25
address
of
the
resident
conservator
to
be
appointed.
It
shall
26
be
accompanied
by
a
certified
copy
of
the
original
letters
27
or
other
authority
conferring
the
power
upon
the
foreign
28
conservator
or
guardian
to
act
as
such.
The
application
29
shall
also
state
the
cause
for
the
appointment
of
the
foreign
30
conservator
to
act
as
sole
conservator,
if
such
be
the
case.
31
Sec.
28.
Section
633.605,
Code
2021,
is
amended
to
read
as
32
follows:
33
633.605
Personal
property.
34
A
foreign
conservator
or
guardian
of
a
nonresident
may
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be
authorized
by
the
court
of
the
county
wherein
such
ward
1
protected
person
has
personal
property
to
receive
the
same
upon
2
compliance
with
the
provisions
of
sections
633.606
,
633.607
and
3
633.608
.
4
Sec.
29.
Section
633.607,
Code
2021,
is
amended
to
read
as
5
follows:
6
633.607
Order
for
delivery.
7
Upon
the
filing
of
the
bond
as
above
provided,
and
the
court
8
being
satisfied
with
the
amount
thereof,
it
shall
order
the
9
personal
property
of
the
ward
protected
person
delivered
to
10
such
conservator
or
guardian.
11
Sec.
30.
Section
633.633,
Code
2021,
is
amended
to
read
as
12
follows:
13
633.633
Provisions
applicable
to
all
fiduciaries
shall
14
govern.
15
The
provisions
of
this
probate
code
applicable
to
all
16
fiduciaries
shall
govern
the
appointment,
qualification,
oath
17
and
bond
of
guardians
and
conservators,
except
that
a
guardian
18
shall
not
be
required
to
give
bond
unless
the
court,
for
good
19
cause,
finds
that
the
best
interests
of
the
ward
protected
20
person
require
a
bond.
The
court
shall
then
fix
the
terms
and
21
conditions
of
such
bond.
22
Sec.
31.
Section
633.633B,
Code
2021,
is
amended
to
read
as
23
follows:
24
633.633B
Tort
liability
of
guardians
and
conservators.
25
The
fact
that
a
person
is
a
guardian
or
conservator
shall
not
26
in
itself
make
the
person
personally
liable
for
damages
for
the
27
acts
of
the
ward
protected
person
.
28
Sec.
32.
Section
633.636,
Code
2021,
is
amended
to
read
as
29
follows:
30
633.636
Effect
of
appointment
of
guardian
or
conservator.
31
The
appointment
of
a
guardian
or
conservator
shall
not
32
constitute
an
adjudication
that
the
ward
protected
person
is
of
33
unsound
mind.
34
Sec.
33.
Section
633.637,
Code
2021,
is
amended
to
read
as
35
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follows:
1
633.637
Powers
of
ward
protected
person
.
2
1.
A
ward
protected
person
for
whom
a
conservator
has
been
3
appointed
shall
not
have
the
power
to
convey,
encumber,
or
4
dispose
of
property
in
any
manner,
other
than
by
will
if
the
5
ward
protected
person
possesses
the
requisite
testamentary
6
capacity,
unless
the
court
determines
that
the
ward
protected
7
person
has
a
limited
ability
to
handle
the
ward’s
protected
8
person’s
own
funds.
If
the
court
makes
such
a
finding,
the
9
court
shall
specify
to
what
extent
the
ward
protected
person
10
may
possess
and
use
the
ward’s
protected
person’s
own
funds.
11
2.
Any
modification
of
the
powers
of
the
ward
protected
12
person
that
would
be
more
restrictive
of
the
ward’s
protected
13
person’s
control
over
the
ward’s
protected
person’s
financial
14
affairs
shall
be
based
upon
clear
and
convincing
evidence
15
and
the
burden
of
persuasion
is
on
the
conservator.
Any
16
modification
that
would
be
less
restrictive
of
the
ward’s
17
protected
person’s
control
over
the
ward’s
protected
person
18
financial
affairs
shall
be
based
upon
proof
in
accordance
with
19
the
requirements
of
section
633.675
.
20
Sec.
34.
Section
633.637A,
Code
2021,
is
amended
to
read
as
21
follows:
22
633.637A
Rights
of
ward
protected
person
under
guardianship.
23
An
adult
ward
protected
person
under
a
guardianship
has
the
24
right
of
communication,
visitation,
or
interaction
with
other
25
persons
upon
the
consent
of
the
adult
ward
protected
person
,
26
subject
to
section
633.635,
subsection
2
,
paragraph
“i”
,
and
27
section
633.635,
subsection
3
,
paragraph
“c”
.
If
an
adult
ward
28
protected
person
is
unable
to
give
express
consent
to
such
29
communication,
visitation,
or
interaction
with
a
person
due
30
to
a
physical
or
mental
condition,
consent
of
an
adult
ward
31
protected
person
may
be
presumed
by
a
guardian
or
a
court
based
32
on
an
adult
ward’s
protected
person’s
prior
relationship
with
33
such
person.
34
Sec.
35.
Section
633.638,
Code
2021,
is
amended
to
read
as
35
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_____
follows:
1
633.638
Presumption
of
fraud.
2
If
a
conservator
be
appointed,
all
contracts,
transfers
and
3
gifts
made
by
the
ward
protected
person
after
the
filing
of
the
4
petition
shall
be
presumed
to
be
a
fraud
against
the
rights
5
and
interest
of
the
ward
protected
person
except
as
otherwise
6
directed
by
the
court
pursuant
to
section
633.637
.
7
Sec.
36.
Section
633.639,
Code
2021,
is
amended
to
read
as
8
follows:
9
633.639
Title
to
ward’s
protected
person’s
property.
10
The
title
to
all
property
of
the
ward
protected
person
is
11
in
the
ward
protected
person
and
not
the
conservator
subject,
12
however,
to
the
possession
of
the
conservator
and
to
the
13
control
of
the
court
for
the
purposes
of
administration,
14
sale
or
other
disposition,
under
the
provisions
of
the
15
law.
Any
real
property
titled
at
any
time
in
the
name
of
a
16
conservatorship
shall
be
deemed
to
be
titled
in
the
ward’s
17
protected
person’s
name
subject
to
the
conservator’s
right
of
18
possession.
19
Sec.
37.
Section
633.640,
Code
2021,
is
amended
to
read
as
20
follows:
21
633.640
Conservator’s
right
to
possession.
22
Every
conservator
shall
have
a
right
to,
and
shall
take,
23
possession
of
all
of
the
real
and
personal
property
of
the
24
ward
protected
person
.
The
conservator
shall
pay
the
taxes
25
and
collect
the
income
therefrom
until
the
conservatorship
is
26
terminated.
The
conservator
may
maintain
an
action
for
the
27
possession
of
the
property,
and
to
determine
the
title
to
the
28
same.
29
Sec.
38.
Section
633.643,
Code
2021,
is
amended
to
read
as
30
follows:
31
633.643
Disposal
of
will
by
conservator.
32
When
an
instrument
purporting
to
be
the
will
of
the
ward
33
protected
person
comes
into
the
hands
of
a
conservator,
the
34
conservator
shall
immediately
deliver
it
to
the
court.
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Sec.
39.
Section
633.644,
Code
2021,
is
amended
to
read
as
1
follows:
2
633.644
Court
order
to
preserve
testamentary
intent
of
ward
3
protected
person
.
4
Upon
receiving
an
instrument
purporting
to
be
the
will
of
a
5
living
ward
protected
person
under
the
provisions
of
section
6
633.643
,
the
court
may
open
said
will
and
read
it.
The
court
7
with
or
without
notice,
as
it
may
determine,
may
enter
such
8
orders
in
the
conservatorship
as
it
deems
advisable
for
the
9
proper
administration
of
the
conservatorship
in
light
of
the
10
expressed
testamentary
intent
of
the
ward
protected
person
.
11
Sec.
40.
Section
633.645,
Code
2021,
is
amended
to
read
as
12
follows:
13
633.645
Court
to
deliver
will
to
clerk.
14
An
instrument
purporting
to
be
the
will
of
a
ward
protected
15
person
coming
into
the
hands
of
the
court
under
the
provisions
16
of
section
633.643
,
shall
thereafter
be
resealed
by
the
court
17
and
be
deposited
with
the
clerk
to
be
held
by
said
clerk
as
18
provided
in
sections
633.286
through
633.289
.
19
Sec.
41.
Section
633.653A,
Code
2021,
is
amended
to
read
as
20
follows:
21
633.653A
Claims
for
cost
of
medical
care
or
services.
22
The
provision
of
medical
care
or
services
to
a
ward
protected
23
person
who
is
a
recipient
of
medical
assistance
under
chapter
24
249A
creates
a
claim
against
the
conservatorship
for
the
amount
25
owed
to
the
provider
under
the
medical
assistance
program
for
26
the
care
or
services.
The
amount
of
the
claim,
after
being
27
allowed
or
established
as
provided
in
this
part,
shall
be
paid
28
by
the
conservator
from
the
assets
of
the
conservatorship.
29
Sec.
42.
Section
633.654,
Code
2021,
is
amended
to
read
as
30
follows:
31
633.654
Form
and
verification
of
claims
——
general
32
requirements.
33
No
claim
shall
be
allowed
against
the
estate
of
a
ward
34
protected
person
upon
application
of
the
claimant
unless
35
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it
shall
be
in
writing,
filed
in
duplicate
with
the
clerk,
1
stating
the
claimant’s
name
and
address,
and
describing
the
2
nature
and
the
amount
thereof,
if
ascertainable.
It
shall
be
3
accompanied
by
the
affidavit
of
the
claimant,
or
of
someone
for
4
the
claimant,
that
the
amount
is
justly
due,
or
if
not
due,
5
when
it
will
or
may
become
due,
that
no
payments
have
been
6
made
thereon
which
are
not
credited,
and
that
there
are
no
7
offsets
to
the
same,
to
the
knowledge
of
the
affiant,
except
as
8
therein
stated.
The
duplicate
of
said
claim
shall
be
mailed
9
by
the
clerk
to
the
conservator
or
the
conservator’s
attorney
10
of
record;
however,
valid
contract
claims
arising
in
the
11
ordinary
course
of
the
conduct
of
the
business
or
affairs
of
12
the
ward
protected
person
by
the
conservator
may
be
paid
by
the
13
conservator
without
requiring
affidavit
or
filing.
14
Sec.
43.
Section
633.656,
Code
2021,
is
amended
to
read
as
15
follows:
16
633.656
How
claim
entitled.
17
All
claims
filed
against
the
estate
of
the
ward
protected
18
person
shall
be
entitled
in
the
name
of
the
claimant
against
19
the
conservator
as
such,
naming
the
conservator,
and
in
all
20
further
proceedings
thereon,
this
title
shall
be
preserved.
21
Sec.
44.
Section
633.660,
Code
2021,
is
amended
to
read
as
22
follows:
23
633.660
Execution
and
levy
prohibited.
24
No
execution
shall
issue
upon,
nor
shall
any
levy
be
made
25
against,
any
property
of
the
estate
of
a
ward
protected
person
26
under
any
judgment
against
the
ward
protected
person
or
a
27
conservator,
but
the
provisions
of
this
section
shall
not
be
so
28
construed
as
to
prevent
the
enforcement
of
a
mortgage,
pledge,
29
or
other
lien
upon
property
in
an
appropriate
proceeding.
30
Sec.
45.
Section
633.661,
Code
2021,
is
amended
to
read
as
31
follows:
32
633.661
Claims
of
conservators.
33
If
the
conservator
is
a
creditor
of
the
ward
protected
34
person
,
the
conservator
shall
file
the
claim
as
other
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creditors,
and
the
court
shall
appoint
some
competent
person
as
1
temporary
conservator
to
represent
the
ward
protected
person
2
at
the
hearing
on
the
conservator’s
claim.
The
same
procedure
3
shall
be
followed
in
the
case
of
coconservators
where
all
4
such
conservators
are
creditors
of
the
ward
protected
person
;
5
but
if
one
of
the
coconservators
is
not
a
creditor
of
the
6
ward
protected
person
,
such
disinterested
conservator
shall
7
represent
the
ward
protected
person
at
the
hearing
on
any
claim
8
against
the
ward
protected
person
by
a
coconservator.
9
Sec.
46.
Section
633.662,
Code
2021,
is
amended
to
read
as
10
follows:
11
633.662
Claims
not
filed.
12
The
conservator
may
pay
any
valid
claim
against
the
estate
of
13
the
ward
protected
person
even
though
such
claim
has
not
been
14
filed,
but
all
such
payments
made
by
the
conservator
shall
be
15
at
the
conservator’s
own
peril.
16
Sec.
47.
Section
633.664,
Code
2021,
is
amended
to
read
as
17
follows:
18
633.664
Liens
not
affected
by
failure
to
file
claim.
19
Nothing
in
sections
633.654
and
633.658
shall
affect
or
20
prevent
an
action
or
proceeding
to
enforce
any
mortgage,
21
pledge,
or
other
lien
upon
the
property
of
the
ward
protected
22
person
.
23
Sec.
48.
Section
633.665,
Code
2021,
is
amended
to
read
as
24
follows:
25
633.665
Separate
actions
and
claims.
26
1.
Any
action
pending
against
the
ward
protected
person
at
27
the
time
the
conservator
is
appointed
shall
also
be
considered
28
a
claim
filed
in
the
conservatorship
if
notice
of
substitution
29
is
served
on
the
conservator
as
defendant
and
a
duplicate
of
30
the
proof
of
service
of
notice
of
such
proceeding
is
filed
in
31
the
conservatorship
proceeding.
32
2.
A
separate
action
based
on
a
debt
or
other
liability
33
of
the
ward
protected
person
may
be
commenced
against
the
34
conservator
in
lieu
of
filing
a
claim
in
the
conservatorship.
35
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Such
an
action
shall
be
commenced
by
serving
an
original
notice
1
on
the
conservator
and
filing
a
duplicate
of
the
proof
of
2
service
of
notice
of
such
proceeding
in
the
conservatorship
3
proceeding.
Such
an
action
shall
also
be
considered
a
claim
4
filed
in
the
conservatorship.
Such
an
action
may
be
commenced
5
only
in
a
county
where
the
venue
would
have
been
proper
if
6
there
were
no
conservatorship
and
the
action
had
been
commenced
7
against
the
ward
protected
person
.
8
Sec.
49.
Section
633.667,
Code
2021,
is
amended
to
read
as
9
follows:
10
633.667
Payment
of
claims
in
insolvent
conservatorships.
11
When
it
appears
that
the
assets
in
a
conservatorship
are
12
insufficient
to
pay
in
full
all
the
claims
against
such
13
conservatorship,
the
conservator
shall
report
such
matter
to
14
the
court,
and
the
court
shall,
upon
hearing,
with
notice
to
15
all
persons
who
have
filed
claims
in
the
conservatorship,
make
16
an
order
for
the
pro
rata
payment
of
claims
giving
claimants
17
the
same
priority,
if
any,
as
they
would
have
if
the
ward
18
protected
person
were
not
under
conservatorship.
19
Sec.
50.
Section
633.668,
Code
2021,
is
amended
to
read
as
20
follows:
21
633.668
Conservator
may
make
gifts.
22
For
good
cause
shown
and
under
order
of
court,
a
conservator
23
may
make
gifts
on
behalf
of
the
ward
protected
person
out
of
24
the
assets
under
a
conservatorship
to
persons
or
religious,
25
educational,
scientific,
charitable,
or
other
nonprofit
26
organizations
to
whom
or
to
which
such
gifts
were
regularly
27
made
prior
to
the
commencement
of
the
conservatorship,
or
on
28
a
showing
to
the
court
that
such
gifts
would
benefit
the
ward
29
protected
person
or
the
ward’s
protected
person
estate
from
the
30
standpoint
of
income,
gift,
estate
or
inheritance
taxes.
The
31
making
of
gifts
out
of
the
assets
must
not
foreseeably
impair
32
the
ability
to
provide
adequately
for
the
best
interests
of
the
33
ward
protected
person
.
34
Sec.
51.
Section
633.673,
Code
2021,
is
amended
to
read
as
35
-18-
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21
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_____
follows:
1
633.673
Court
costs
in
guardianships.
2
The
ward
protected
person
or
the
ward’s
protected
person’s
3
estate
shall
be
charged
with
the
court
costs
of
a
ward’s
4
protected
person’s
guardianship,
including
the
guardian’s
fees
5
and
the
fees
of
the
attorney
for
the
guardian.
The
court
6
may,
upon
application,
enter
an
order
waiving
payment
of
the
7
court
costs
in
indigent
cases.
However,
if
the
ward
protected
8
person
or
ward’s
protected
person’s
estate
becomes
financially
9
capable
of
paying
any
waived
costs,
the
costs
shall
be
paid
10
immediately.
11
Sec.
52.
Section
633.676,
Code
2021,
is
amended
to
read
as
12
follows:
13
633.676
Assets
exhausted.
14
At
any
time
that
the
assets
of
the
ward’s
protected
person’s
15
estate
do
not
exceed
the
amount
of
the
charges
and
claims
16
against
it,
the
court
may
direct
the
conservator
to
proceed
to
17
terminate
the
conservatorship.
18
Sec.
53.
Section
633.677,
Code
2021,
is
amended
to
read
as
19
follows:
20
633.677
Accounting
to
ward
protected
person
——
notice.
21
Upon
the
termination
of
a
conservatorship,
the
conservator
22
shall
pay
the
costs
of
administration
and
shall
render
a
full
23
and
complete
accounting
to
the
ward
protected
person
or
the
24
ward’s
protected
person’s
personal
representative
and
to
the
25
court.
Notice
of
the
final
report
of
a
conservator
shall
be
26
served
on
the
ward
protected
person
or
the
ward’s
protected
27
person’s
personal
representative,
in
accordance
with
section
28
633.40
,
unless
notice
is
waived.
An
order
prescribing
notice
29
may
be
made
before
or
after
the
filing
of
the
final
report.
30
Sec.
54.
Section
633.681,
Code
2021,
is
amended
to
read
as
31
follows:
32
633.681
Assets
of
minor
ward
protected
person
exhausted.
33
When
the
assets
of
a
minor
ward’s
protected
person’s
34
conservatorship
are
exhausted
or
consist
of
personal
property
35
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only
of
an
aggregate
value
not
in
excess
of
twenty-five
1
thousand
dollars,
the
court,
upon
application
or
upon
its
2
own
motion,
may
terminate
the
conservatorship.
The
order
3
for
termination
shall
direct
the
conservator
to
deliver
any
4
property
remaining
after
the
payment
of
allowed
claims
and
5
expenses
of
administration
to
a
custodian
under
any
uniform
6
transfers
to
minors
Act.
Such
delivery
shall
have
the
same
7
force
and
effect
as
if
delivery
had
been
made
to
the
ward
8
protected
person
after
attaining
majority.
9
Sec.
55.
Section
633.682,
Code
2021,
is
amended
to
read
as
10
follows:
11
633.682
Discharge
of
conservator
and
release
of
bond.
12
Upon
settlement
of
the
final
accounting
of
a
conservator,
13
and
upon
determining
that
the
property
of
the
ward
protected
14
person
has
been
delivered
to
the
person
or
persons
lawfully
15
entitled
thereto,
the
court
shall
discharge
the
conservator
and
16
exonerate
the
surety
on
the
conservator’s
bond.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
opening,
administration,
and
21
termination
of
adult
guardianships
and
adult
and
minor
22
conservatorships,
and
makes
terminology
changes
to
the
probate
23
code.
24
The
bill
provides
that
notice
of
a
guardianship
proceeding
25
must
be
given
to
any
adult
with
whom
the
minor
has
lived
with
26
for
the
six
months
immediately
preceding
the
filing
of
the
27
petition.
28
The
bill
provides
qualifications
for
a
person
to
serve
as
a
29
court
visitor.
30
The
bill
provides
that
a
court
visitor
will
be
discharged
31
upon
the
appointment
of
a
guardian
or
conservator
unless
32
ordered
by
the
court
to
continue.
33
The
bill
specifies
that
a
court-ordered
professional
34
evaluation
conducted
at
or
before
a
hearing
on
a
petition
for
35
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the
appointment
of
a
guardian
or
conservator
for
a
minor
must
1
be
filed
with
the
court.
2
The
bill
provides
that
if
the
proposed
guardian
has
3
undergone
the
required
background
checks
within
six
months
4
prior
to
the
filing
of
the
petition
and
the
background
checks
5
have
been
provided
to
the
court,
the
proposed
guardian
does
6
not
need
to
undergo
a
new
background
check.
The
bill
further
7
provides
that
the
results
of
the
background
checks
may
be
8
shared
with
the
respondent,
respondent’s
attorney,
the
9
protected
person’s
attorney,
and
the
proposed
guardian
or
10
conservator.
11
The
bill
changes
Code
references
regarding
the
emergency
12
appointment
of
a
temporary
guardian
or
conservator.
13
The
bill
also
directs
that
the
initial
verified
care
plan
14
includes
any
steps
the
guardian
plans
to
take
to
develop
15
or
restore
the
protected
person’s
ability
to
manage
the
16
conservatorship
estate,
estimate
of
the
total
amount
of
fees
17
the
guardian
anticipates
charging,
and
instructs
the
guardian
18
to
file
an
amended
plan
should
there
be
a
substantial
change
19
in
circumstances.
20
The
bill
provides
instructions
to
the
conservator
to
provide
21
notice
of
the
filing
of
the
initial
plan
and
the
timeline
for
22
objections.
23
The
bill
further
provides
for
new
disclosures
that
written
24
and
verified
reports
must
include.
25
The
bill
changes
the
standard
of
proof
needed
to
be
found
26
by
the
court
concerning
termination
of
guardianships
and
27
conservatorships
from
clear
and
convincing
evidence
to
a
28
preponderance
of
the
evidence.
29
The
bill
replaces
the
term
“ward”
with
“protected
person”
30
throughout
the
probate
code.
31
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