H.F. _____ DIVISION I 1 MINOR GUARDIANSHIPS 2 Section 1. Section 232.3, subsection 1, Code 2023, is 3 amended to read as follows: 4 1. During the pendency of an action under this chapter , a 5 party to the action is estopped from litigating concurrently 6 the custody, guardianship, or placement of a child who is the 7 subject of the action, in a court other than the juvenile court 8 with jurisdiction of the pending action under this chapter . A 9 district judge, district associate judge, juvenile court judge, 10 magistrate, or judicial hospitalization referee, upon notice 11 of the pendency of an action under this chapter , shall not 12 issue an order, finding, or decision relating to the custody, 13 guardianship, or placement of the child who is the subject of 14 the action, under any law, including but not limited to chapter 15 232D , 598 , or 598B , or 633 . 16 Sec. 2. Section 232D.103, Code 2023, is amended to read as 17 follows: 18 232D.103 Jurisdiction. 19 The juvenile court has exclusive jurisdiction in a 20 guardianship proceeding concerning a minor who is alleged to be 21 in need of a guardianship and guardianships of minors . 22 Sec. 3. NEW SECTION . 232D.107 Confidentiality. 23 Official juvenile court records in guardianship proceedings 24 shall be confidential and are not public records. The court, 25 at its discretion, may authorize other persons to access such 26 records. Confidential records may be inspected and their 27 contents shall be disclosed to all of the following without 28 court order, provided that a person or entity who inspects 29 or receives a confidential record under this section shall 30 not disclose the confidential record or its contents unless 31 permitted by law: 32 1. The judge and professional court staff. 33 2. The minor and the minor’s counsel. 34 3. The minor’s parent, guardian or custodian, court 35 -1- LSB 1409YC (2) 90 cm/ns 1/ 41

H.F. _____ visitor, and any counsel representing such person. 1 Sec. 4. Section 232D.301, subsection 2, paragraph d, 2 subparagraph (3), Code 2023, is amended to read as follows: 3 (3) Any adult who has had the primary care of the minor or 4 with whom the minor has lived for at least any time during the 5 six months prior to immediately preceding the filing of the 6 petition. 7 Sec. 5. Section 232D.301, subsection 4, Code 2023, is 8 amended to read as follows: 9 4. The petition shall state whether a limited guardianship 10 is appropriate , and whether a conservatorship for the minor is 11 already in existence . 12 Sec. 6. Section 232D.302, subsection 2, Code 2023, is 13 amended to read as follows: 14 2. Notice shall be served upon the minor’s known parents 15 listed in the petition in accordance with the rules of civil 16 procedure. If the parent has not filed a consent to the 17 appointment of a guardian, the notice shall inform any parent 18 named in the petition that the parent may be entitled to 19 representation under the conditions described in section 20 232D.304. 21 Sec. 7. Section 232D.305, subsection 1, Code 2023, is 22 amended to read as follows: 23 1. The court may appoint a court visitor for the minor. A 24 person is qualified to serve as a court visitor if the court 25 determines the person has demonstrated sufficient knowledge of 26 guardianships to adequately perform the duties in subsection 3. 27 Sec. 8. Section 232D.305, subsection 3, paragraph b, Code 28 2023, is amended to read as follows: 29 b. Explaining to the minor, if the minor’s age is 30 appropriate, the substance of the petition, the purpose and 31 effect of the guardianship proceeding, the rights of the 32 minor at the hearing, and the general powers and duties of a 33 guardian. 34 Sec. 9. Section 232D.305, Code 2023, is amended by adding 35 -2- LSB 1409YC (2) 90 cm/ns 2/ 41

H.F. _____ the following new subsection: 1 NEW SUBSECTION . 6. The court may order a court visitor to 2 continue to serve if the court determines continued service 3 would be in the best interest of the minor. If the court 4 continues the services of the court visitor, the court may 5 limit the direct duties of the court visitor as the court deems 6 necessary in which case the court visitor shall thereafter 7 continue to serve until discharged by the court. If the 8 court does not order the court visitor to continue, the order 9 appointing the guardian shall discharge the court visitor. 10 Sec. 10. Section 232D.306, Code 2023, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 4. A hearing on the petition may be 13 recorded if a court reporter is not used. 14 Sec. 11. Section 232D.307, subsection 1, Code 2023, is 15 amended to read as follows: 16 1. The court shall request criminal record checks and checks 17 of the child abuse, dependent adult abuse, and sex offender 18 registries in this state for all proposed guardians other than 19 financial institutions with Iowa trust powers unless a proposed 20 guardian has undergone the required background checks in this 21 section within the twelve six months prior to the filing of 22 a petition and the background check has been provided to the 23 court . 24 Sec. 12. Section 232D.401, subsection 1, Code 2023, is 25 amended to read as follows: 26 1. The order by the court appointing a guardian for a minor 27 shall state the basis for the order and the date on which the 28 first reporting period for the guardianship will end . 29 Sec. 13. Section 232D.401, subsection 3, unnumbered 30 paragraph 1, Code 2023, is amended to read as follows: 31 An order by the court appointing a guardian for a minor shall 32 state the powers granted to the guardian until such time as the 33 guardian files an initial care plan and such plan is approved 34 by the court as required by section 232D.501, subsection 4 . 35 -3- LSB 1409YC (2) 90 cm/ns 3/ 41

H.F. _____ Except as otherwise limited by court an order appointing a 1 guardian for a minor , the court may grant the guardian the 2 following powers , which may be exercised without prior court 3 approval : 4 Sec. 14. Section 232D.501, subsection 1, paragraph a, Code 5 2023, is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (03) The guardian’s plan, if any, for 7 applying for and receiving funds and benefits payable for the 8 support of the minor. 9 Sec. 15. Section 232D.501, subsection 1, paragraph b, Code 10 2023, is amended by adding the following new subparagraph: 11 NEW SUBPARAGRAPH . (11) The results of the guardian’s 12 efforts to apply for funds or benefits for the minor, and 13 an accounting for the use of such funds or benefits by the 14 guardian. 15 NEW SUBPARAGRAPH . (12) Any other information the guardian 16 deems necessary for the court to consider. 17 Sec. 16. Section 232D.501, Code 2023, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 5. The court, for good cause, may extend 20 the deadline for filing required reports. Required reports of 21 a guardian which are not timely filed and which are delinquent, 22 and for which no extension for filing has been granted by the 23 court, shall be administered in the same manner as provided in 24 section 633.32. 25 DIVISION II 26 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 27 Sec. 17. Section 235B.6, subsection 2, paragraph d, Code 28 2023, is amended by adding the following new subparagraph: 29 NEW SUBPARAGRAPH . (7) To a district court conducting 30 checks of the dependent adult abuse registry for all proposed 31 guardians and conservators pursuant to section 633.564. 32 Sec. 18. Section 633.556, subsections 4, 5, and 8, Code 33 2023, are amended to read as follows: 34 4. The petition shall list the name and address all of the 35 -4- LSB 1409YC (2) 90 cm/ns 4/ 41

H.F. _____ petitioner and the petitioner’s relationship to the respondent 1 following: 2 a. The name and address of the respondent . 3 b. The name and address of the petitioner, and the 4 petitioner’s relationship to the respondent. 5 c. The name and address of the proposed guardian or 6 conservator, and the reason the proposed guardian or 7 conservator should be selected. 8 5. The petition shall list the name and address, to the 9 extent known, of the following: 10 a. The name and address of the proposed guardian and the 11 reason the proposed guardian should be selected. 12 b. a. Any spouse of the respondent. 13 c. b. Any adult children of the respondent. 14 d. c. Any parents of the respondent. 15 e. d. Any adult, who has had the primary care of the 16 respondent or with whom the respondent has lived for at least 17 any time during the six months prior to immediately preceding 18 the filing of the petition, or any institution or facility 19 where the respondent has resided for at least six months prior 20 to any time during the six months immediately preceding the 21 filing of the petition. 22 f. e. Any legal representative or representative payee of 23 the respondent. 24 g. f. Any person designated as an attorney in fact in a 25 durable power of attorney for health care which is valid under 26 chapter 144B , or any person designated as an agent in a durable 27 power of attorney which is valid under chapter 633B . 28 8. The petition shall provide a brief description of 29 the respondent’s alleged functional limitations that make 30 the respondent unable to communicate or carry out important 31 decisions concerning the respondent’s financial affairs if 32 the petition is for appointment of a conservator for an adult 33 respondent, or a brief description of the respondent’s alleged 34 inability to care for the respondent’s safety or provide for 35 -5- LSB 1409YC (2) 90 cm/ns 5/ 41

H.F. _____ necessities such as food, shelter, clothing, or medical care 1 without which physical injury or illness may occur if the 2 petition requests the appointment of a guardian . 3 Sec. 19. Section 633.560, subsection 3, Code 2023, is 4 amended to read as follows: 5 3. The court shall require the proposed guardian or 6 conservator to attend the hearing on the petition but the court 7 may excuse the proposed guardian’s or conservator’s attendance 8 for good cause shown. 9 Sec. 20. Section 633.561, subsection 6, Code 2023, is 10 amended to read as follows: 11 6. If the court determines that it would be in the 12 respondent’s best interest to have legal representation 13 with respect to any further proceedings in a guardianship 14 or conservatorship, the court may appoint an attorney to 15 represent the respondent at the expense of the respondent or 16 the respondent’s estate, or if the respondent is indigent the 17 cost of the court appointed attorney shall be assessed against 18 the county in which the proceedings are pending. 19 Sec. 21. Section 633.562, subsection 1, Code 2023, is 20 amended to read as follows: 21 1. If the court determines that the appointment of a court 22 visitor would be in the best interest of the respondent, the 23 court shall appoint a court visitor at the expense of the 24 respondent or the respondent’s estate, or, if the respondent 25 is indigent, the cost of the court visitor shall be assessed 26 against the county in which the proceedings are pending. The 27 court may appoint any qualified person as a court visitor in 28 a guardianship or conservatorship proceeding. A person is 29 qualified to serve in this capacity if the court determines the 30 person has demonstrated sufficient knowledge of guardianships 31 or conservatorships to adequately perform the duties in 32 subsection 3. 33 Sec. 22. Section 633.562, subsection 3, paragraph b, Code 34 2023, is amended to read as follows: 35 -6- LSB 1409YC (2) 90 cm/ns 6/ 41

H.F. _____ b. Explaining to the respondent the substance of the 1 petition, the purpose and effect of the guardianship or 2 conservatorship proceeding, the rights of the respondent at 3 the hearing, and the general powers and duties of a guardian 4 or conservator. 5 Sec. 23. Section 633.562, Code 2023, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 7. A court visitor shall be discharged 8 from all further duties upon appointment of a guardian or 9 conservator unless otherwise ordered by the court. The court 10 may order a court visitor to continue to serve if the court 11 determines continued service would be in the best interest of 12 the protected person. If the court continues the service of 13 the court visitor, the court may limit the direct duties of the 14 court visitor as the court deems necessary. The court visitor 15 shall thereafter continue to serve until discharged by the 16 court. 17 Sec. 24. Section 633.563, subsection 1, Code 2023, is 18 amended by adding the following new paragraph: 19 NEW PARAGRAPH . c. The petition is for opening a 20 conservatorship for a minor. 21 Sec. 25. Section 633.564, subsection 1, Code 2023, is 22 amended to read as follows: 23 1. The court shall request criminal record checks and checks 24 of the child abuse, dependent adult abuse, and sexual offender 25 registries in this state for all proposed guardians and 26 conservators, other than financial institutions with Iowa trust 27 powers , unless a proposed guardian or conservator has undergone 28 the background checks required by this section within the six 29 months prior to the filing of a petition and the background 30 check has been provided to the court . 31 Sec. 26. Section 633.569, subsections 1, 2, and 3, Code 32 2023, are amended to read as follows: 33 1. A person authorized to file a petition under section 34 633.552 , 633.553 , or 633.554 633.556 or 633.557 may file an 35 -7- LSB 1409YC (2) 90 cm/ns 7/ 41

H.F. _____ application for the emergency appointment of a temporary 1 guardian or conservator. 2 2. Such application shall state all of the following: 3 a. The name and address of the respondent. 4 b. The name and address of the petitioner and the 5 petitioner’s relationship to the respondent. 6 b. c. The name and address of the proposed guardian or 7 conservator and the reason the proposed guardian or conservator 8 should be selected. 9 d. The names and addresses, to the extent known, of any 10 other persons who must be named in the petition for the 11 appointment of a guardian or conservator under section 633.556 12 or 633.557. 13 c. e. The reason the emergency appointment of a temporary 14 guardian or conservator is sought. 15 3. The court may enter an ex parte order appointing a 16 temporary guardian or conservator on an emergency basis under 17 this section if the court finds that all of the following 18 conditions are met: 19 a. There is not sufficient time to file a petition and hold 20 a hearing pursuant to section 633.552 , 633.553 , or 633.554 21 633.556, 633.557, or 633.560 . 22 b. The appointment of a temporary guardian or conservator 23 is necessary to avoid immediate or irreparable harm to the 24 respondent before a hearing with notice to the respondent can 25 be held . 26 c. There is reason to believe that the basis for appointment 27 of guardian or conservator exists under section 633.552 , 28 633.553 , or 633.554 633.556 or 633.557 . 29 Sec. 27. Section 633.569, Code 2023, is amended by adding 30 the following new subsections: 31 NEW SUBSECTION . 8. The court may order an extension of 32 the temporary guardianship or conservatorship for good cause 33 shown. Prior to or contemporaneously with the filing for 34 an application for the extension of time, the guardian or 35 -8- LSB 1409YC (2) 90 cm/ns 8/ 41

H.F. _____ conservator shall file a report with the court setting forth 1 all of the following: 2 a. All actions conducted by the guardian or conservator on 3 behalf of the protected person from the time of the initial 4 appointment of the guardian up to the time of the report. 5 b. All actions that the guardian or conservator plans to 6 conduct on behalf of the protected person during the extension 7 period. 8 NEW SUBSECTION . 9. The temporary guardian or conservator 9 shall submit any other report the court requires. 10 Sec. 28. Section 633.570, subsections 1 and 2, Code 2023, 11 are amended to read as follows: 12 1. In a proceeding for the appointment of a guardian, the 13 respondent shall be given written notice which advises the 14 respondent of the powers that the court may grant a guardian 15 may exercise without court approval pursuant to the powers set 16 out in section 633.635, subsection 2 , and the powers that the 17 guardian may exercise only with court approval pursuant to set 18 out in section 633.635, subsection 3 . 19 2. In a proceeding for the appointment of a conservator, 20 the respondent shall be given written notice which advises the 21 respondent of the powers that the court may grant a conservator 22 may exercise without court approval pursuant to section 633.646 23 and the powers that the conservator may exercise only with 24 court approval pursuant to section 633.647 the powers set out 25 in sections 633.641 and 633.642 . 26 Sec. 29. Section 633.635, subsection 3, unnumbered 27 paragraph 1, Code 2023, is amended to read as follows: 28 A Notwithstanding subsection 2, a guardian may be granted 29 the following powers which may only be exercised upon court 30 approval: 31 Sec. 30. Section 633.641, subsection 3, Code 2023, is 32 amended to read as follows: 33 3. If the court appoints a conservator for a protected 34 person who has previously executed a valid power of attorney 35 -9- LSB 1409YC (2) 90 cm/ns 9/ 41

H.F. _____ under chapter 633B , the conservator shall act in accordance 1 with the applicable provisions of chapter 633B the power of 2 attorney is suspended unless the power of attorney provides 3 otherwise or unless the court determines the power of attorney 4 should continue. If the power of attorney continues, the agent 5 is accountable to the conservator as well as to the protected 6 person. The power of attorney shall be reinstated upon 7 termination of the conservatorship as a result of the protected 8 person regaining capacity . 9 Sec. 31. Section 633.642, Code 2023, is amended by striking 10 the section and inserting in lieu thereof the following: 11 633.642 Powers of conservator. 12 1. An order by the court appointing a conservator shall 13 state the basis for the conservatorship pursuant to section 14 633.553 or section 633.554. 15 2. Upon appointment by the court, and until such time as the 16 conservator files an initial financial management plan and such 17 plan is approved by the court as required by section 633.670, 18 subsection 1, a conservator has the authority to exercise all 19 powers applicable to fiduciaries pursuant to sections 633.63 20 through 633.162, unless expressly modified by the court. 21 3. In the order approving an initial financial management 22 plan or an annual report, the court shall approve and set forth 23 the specific powers of a conservator, which may be thereafter 24 exercised by the conservator until further court order. Except 25 as otherwise ordered by the court, a conservator must give 26 notice to persons entitled to notice and receive specific prior 27 authorization by the court before the conservator may take any 28 other action on behalf of the protected person. 29 4. Upon the filing of an appropriate oath by the 30 conservator, the clerk of court shall issue letters of 31 appointment. A copy of the initial order of the court shall be 32 attached to the letters of appointment. 33 Sec. 32. Section 633.669, Code 2023, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -10- LSB 1409YC (2) 90 cm/ns 10/ 41

H.F. _____ 633.669 Reports by guardians. 1 1. The court shall assign a guardianship created under 2 this chapter, and may reassign as necessary in the court’s 3 discretion, to one of following reporting tiers: 4 a. Tier I: A guardian assigned a tier I guardianship shall 5 file with the court a verified annual report which shall not 6 be waived by the court. The annual report shall include all of 7 the following: 8 (1) The current mental and physical condition of the 9 protected person. 10 (2) The present living arrangement of the protected person, 11 including a description of each residence where the protected 12 person has resided during the reporting period. 13 (3) A summary of the medical, educational, vocational and 14 technical, and other professional services provided for the 15 protected person. 16 (4) A description of the guardian’s visits with and 17 activities on behalf of the protected person. 18 (5) A recommendation as to the need for continued 19 guardianship. 20 (6) Other information requested by the court or useful in 21 the opinion of the guardian. 22 b. Tier II: A guardian assigned a tier II guardianship 23 shall file with the court the following written verified 24 reports which shall not be waived by the court: 25 (1) An initial care plan filed within sixty days of 26 appointment. The information in the initial care plan shall 27 include but is not limited to the following information: 28 (a) The current residence of the protected person and the 29 guardian’s plan for the protected person’s living arrangements. 30 (b) The guardian’s plan for payment of the protected 31 person’s living expenses and other expenses. 32 (c) The protected person’s health status and health care 33 needs, and the guardian’s plan for meeting the protected 34 person’s needs for medical, dental, and other health care 35 -11- LSB 1409YC (2) 90 cm/ns 11/ 41

H.F. _____ needs. 1 (d) Whether the protected person has a living will or health 2 care power of attorney. 3 (e) If applicable, the protected person’s need for other 4 professional services for mental, behavioral, or emotional 5 health, and the guardian’s plan for other professional services 6 needed by the protected person. 7 (f) If applicable, the protected person’s employment 8 status, the protected person’s need for educational, training, 9 or vocational services, and the guardian’s plan for meeting the 10 educational, training, and vocational needs of the protected 11 person. 12 (g) If applicable, the guardian’s plan for facilitating the 13 participation of the protected person in social activities. 14 (h) The guardian’s plan for facilitating contacts between 15 the protected person and the protected person’s family members 16 and other persons significant in the life of the protected 17 person. 18 (i) The guardian’s plan for contact with, and activities on 19 behalf of, the protected person. 20 (j) The powers that the guardian requests to carry out the 21 initial care plan. 22 (2) An amended plan when there has been a significant 23 change in the circumstances or the guardian seeks to deviate 24 significantly from the plan. The guardian must obtain court 25 approval of the amended plan before implementing any of its 26 provisions. 27 (3) An annual report, filed within sixty days of the close 28 of the reporting period. The information in the annual report 29 shall include but is not limited to the following information: 30 (a) The current living arrangements of the protected 31 person. 32 (b) The sources of payment for the protected person’s living 33 expenses and other expenses. 34 (c) A description, if applicable, of the following: 35 -12- LSB 1409YC (2) 90 cm/ns 12/ 41

H.F. _____ (i) The protected person’s physical and mental health 1 status and the medical, dental, and other professional services 2 provided to the protected person. 3 (ii) If applicable, the protected person’s employment 4 status and the educational, training, and vocational services 5 provided to the protected person. 6 (iii) The contact of the protected person with family 7 members and other significant persons. 8 (iv) The nature and extent of the guardian’s visits with, 9 and activities on behalf of, the protected person. 10 (d) The guardian’s recommendation as to the need for 11 continuation of the guardianship. 12 (e) The ability of the guardian to continue as guardian. 13 (f) The need of the guardian for assistance in providing or 14 arranging for the provision of the care and protection of the 15 protected person. 16 (g) Any other information the guardian deems necessary for 17 the court to consider. 18 2. The guardian under a tier I or II guardianship shall file 19 a final report within thirty days of the termination of the 20 guardianship under section 633.675 unless that time is extended 21 by the court. 22 3. The court shall develop a simplified uniform reporting 23 form for use in filing the required reports. 24 4. The clerk of the court shall notify the guardian in 25 writing of the reporting requirements and shall provide 26 information and assistance to the guardian in filing the 27 reports. 28 5. Reports of guardians shall be reviewed and approved by a 29 district court judge or referee. 30 6. The court, for good cause, may extend the deadline for 31 filing required reports. Required reports of a guardian which 32 are not timely filed and which are delinquent, and for which no 33 extension for filing has been granted by the court, shall be 34 administered as provided in section 633.32. 35 -13- LSB 1409YC (2) 90 cm/ns 13/ 41

H.F. _____ 7. The guardian shall provide a copy of the reports required 1 by this section to the protected person, the protected person’s 2 attorney, if any, and the court visitor, if any. 3 Sec. 33. Section 633.670, Code 2023, is amended by striking 4 the section and inserting in lieu thereof the following: 5 633.670 Reports by conservators. 6 1. The court shall assign a conservatorship created under 7 this chapter, and may reassign as necessary in the court’s 8 discretion, to one of following reporting tiers: 9 a. Tier I: A conservator assigned a tier I conservatorship 10 shall file with the court a verified annual report which shall 11 not be waived by the court. The annual report shall include 12 all of the following: 13 (1) The balance of funds on hand at the close of the last 14 previous accounting, and all amounts received from any source 15 during the period covered by the accounting. 16 (2) All disbursements made during the period covered by the 17 accounting. 18 (3) Any changes in investments since the last previous 19 report, including a list of all assets, and recommendations 20 of the conservator for the retention or disposition of any 21 property held by the conservator. 22 (4) The amount of the bond and the name of the surety on the 23 bond. 24 (5) The residence or physical location of the protected 25 person. 26 (6) The general physical and mental condition of the 27 protected person. 28 (7) Such other information as is necessary to show the 29 condition of the affairs of the conservatorship. 30 b. Tier II: A conservator assigned a tier II 31 conservatorship shall file with the court a verified initial 32 financial management plan for protecting, managing, investing, 33 expending, and distributing the assets of the conservatorship 34 estate within ninety days after appointment, which shall not 35 -14- LSB 1409YC (2) 90 cm/ns 14/ 41

H.F. _____ be waived by the court. The plan must be based on the needs of 1 the protected person and take into account the best interest 2 of the protected person as well as the protected person’s 3 preference, values, and prior directions to the extent known 4 to, or reasonably ascertainable by, the conservator. 5 (1) The initial financial management plan must state the 6 protected person’s age, residence, living arrangements, and 7 sources of payment for living expenses. 8 (2) If applicable, the protected person’s will shall be 9 filed with the court clerk and the protected person’s prepaid 10 burial trust and powers of attorney shall be described. 11 (3) The conservator shall provide notice of the filing of 12 the initial financial management plan and a copy of the plan 13 to the protected person, the protected person’s attorney, if 14 any, and court visitor, if any, and others as directed by the 15 court. The notice must state that any person entitled to a 16 copy of the plan must file any objections to the plan not later 17 than twenty days from the date of mailing notice of filing the 18 initial plan. 19 (4) At least twenty days after the initial financial 20 management plan has been filed, the court shall review and 21 determine whether the plan should be approved or revised, after 22 considering objections filed and whether the plan is consistent 23 with the conservator’s powers and duties. 24 (5) After approval of the initial financial management 25 plan by the court, the conservator shall provide a copy of the 26 approved plan and order approving the plan to the protected 27 person, the protected person’s attorney, if any, and court 28 visitor, if any, and others as directed by the court. 29 (6) The conservator shall file an amended financial 30 management plan when there has been a significant change in 31 circumstances or the conservator seeks to deviate significantly 32 from the plan. Before the amended plan is implemented, the 33 provisions for court approval of the plan shall be followed as 34 provided in the initial financial management plan. 35 -15- LSB 1409YC (2) 90 cm/ns 15/ 41

H.F. _____ (7) The conservator shall attach to the initial financial 1 management plan an inventory of the protected person’s assets 2 and debts, which includes an oath or affirmation that the 3 inventory is believed to be complete and accurate as far as 4 information permits. The conservator shall provide copies of 5 the inventory to the protected person, the protected person’s 6 attorney, if any, and the court visitor, if any, and others 7 as directed by the court. Any objections to the inventory 8 shall be filed in the same manner and according to the same 9 schedule as objections to the initial financial management 10 plan. The court shall review the inventory and determine 11 whether the inventory should be approved at the same time as 12 the court reviews the initial financial management plan. When 13 the conservator receives an additional asset of the protected 14 person or becomes aware of its existence, or becomes aware 15 of additional debt of the protected person, a description of 16 the asset or debt shall be included in the conservator’s next 17 annual report. 18 (8) (a) The conservator shall file a verified report on 19 an annual basis for the period since the end of the preceding 20 report period, which shall not be waived by the court. 21 (b) The annual report required by this subparagraph shall 22 state the age, the residence, and the living arrangements of 23 the protected person, and sources of payment for the protected 24 person’s living expenses during the reporting period. 25 (c) The conservator shall submit with the annual report 26 required by this subparagraph an inventory of the assets of the 27 protected person as of the last day of the reporting period the 28 total value of assets at the beginning and end of the reporting 29 period. 30 2. The conservator assigned a tier I or II conservatorship 31 shall file a verified final report with the court as follows: 32 a. Within thirty days following removal of the conservator. 33 b. Upon the conservator’s filing of a resignation and before 34 the resignation is accepted by the court. 35 -16- LSB 1409YC (2) 90 cm/ns 16/ 41

H.F. _____ c. Within sixty days following the termination of the 1 conservatorship. 2 d. At other times as ordered by the court. 3 3. The conservator shall provide a copy of the initial 4 financial management plan, if applicable, the inventory of the 5 protected person’s assets, if applicable, and the annual report 6 to the protected person, the protected person’s attorney, if 7 any, and court visitor, if any, and the veterans administration 8 if the protected person is receiving veterans’ benefits. 9 4. The court, for good cause, may extend the deadline for 10 filing required reports. Required reports of a conservator 11 which are not timely filed and which are delinquent, and for 12 which no extension for filing has been granted by the court, 13 shall be administered as provided in section 633.32. 14 5. Reports of conservators shall be reviewed and approved by 15 a district court judge or referee. 16 Sec. 34. Section 633.675, subsections 2, 3, and 5, Code 17 2023, are amended to read as follows: 18 2. The court shall terminate a guardianship for an adult if 19 it the court finds by clear and convincing evidence that the 20 basis for appointing a guardian pursuant to section 633.552 has 21 not been established. 22 3. The court shall terminate a conservatorship if the court 23 finds by clear and convincing evidence that the basis for 24 appointing a conservator pursuant to section 633.553 or 633.554 25 is not satisfied. 26 5. The standard of proof and the burden of proof to be 27 applied in a termination proceeding to terminate a guardianship 28 or conservatorship for an adult shall be the same as set forth 29 in section 633.551, subsection 2 . 30 DIVISION III 31 CONFORMING CHANGES 32 Sec. 35. Section 10.1, subsection 7, Code 2023, is amended 33 to read as follows: 34 7. “Farm estate” means the real and personal property of a 35 -17- LSB 1409YC (2) 90 cm/ns 17/ 41

H.F. _____ decedent, a ward protected person , or a trust as provided in 1 chapters 633 and 633A , if at least sixty percent of the gross 2 receipts from the estate comes from farming. 3 Sec. 36. Section 217.40, Code 2023, is amended to read as 4 follows: 5 217.40 Training for guardians and conservators. 6 The department of human services, or a person designated 7 by the director, shall establish training programs designed 8 to assist all duly appointed guardians and conservators in 9 understanding their fiduciary duties and liabilities, the 10 special needs of the ward protected person , and how to best 11 serve the ward protected person and the ward’s protected 12 person’s interests. 13 Sec. 37. Section 231E.2, subsection 2, paragraph b, Code 14 2023, is amended to read as follows: 15 b. It is also the intent of the general assembly that the 16 state office of public guardian provide assistance to both 17 public and private guardians, conservators, and representative 18 payees throughout the state in securing necessary services 19 for their wards protected persons and clients, and to assist 20 guardians, conservators, representative payees, wards protected 21 persons , clients, courts, and attorneys in the orderly and 22 expeditious handling of guardianship, conservatorship, and 23 representative payee proceedings. 24 Sec. 38. Section 231E.3, subsection 17, Code 2023, is 25 amended to read as follows: 26 17. “Ward” “Protected person” means the individual for whom 27 a guardianship or conservatorship is established. 28 Sec. 39. Section 231E.4, subsection 3, paragraphs f and h, 29 Code 2023, are amended to read as follows: 30 f. Develop and maintain a current listing of public and 31 private services and programs available to assist wards 32 protected persons and clients, and their families, and 33 establish and maintain relationships with public and private 34 entities to assure the availability of effective guardianship, 35 -18- LSB 1409YC (2) 90 cm/ns 18/ 41

H.F. _____ conservatorship, and representative payee services for wards 1 protected persons and clients. 2 h. Maintain statistical data on the local offices including 3 various methods of funding, the types of services provided, and 4 the demographics of the wards protected persons and clients, 5 and report to the general assembly on or before November 6 1, annually, regarding the local offices and recommend any 7 appropriate legislative action. 8 Sec. 40. Section 231E.4, subsection 6, paragraph e, Code 9 2023, is amended to read as follows: 10 e. A fee schedule. The department may establish by 11 rule a schedule of reasonable fees for the costs of public 12 guardianship services provided under this chapter . The fee 13 schedule established may be based upon the ability of the ward 14 protected person or client to pay for the services but shall 15 not exceed the actual cost of providing the services. The 16 state office or a local office may waive collection of a fee 17 upon a finding that collection is not economically feasible. 18 The rules may provide that the state office or a local office 19 may investigate the financial status of a ward protected person 20 or client that requests guardianship, conservatorship, or 21 representative payee services or for whom the state public 22 guardian or a local public guardian has been appointed for 23 the purpose of determining the fee to be charged by requiring 24 the ward protected person or client to provide any written 25 authorizations necessary to provide access to records of 26 public or private sources, otherwise confidential, needed to 27 evaluate the individual’s financial eligibility. The rules 28 may also provide that the state public guardian or a local 29 public guardian may, upon request and without payment of fees 30 otherwise required by law, obtain information necessary to 31 evaluate the individual’s financial eligibility from any office 32 of the state or of a political subdivision or agency of the 33 state that possesses public records. 34 Sec. 41. Section 231E.5, subsection 2, paragraph g, 35 -19- LSB 1409YC (2) 90 cm/ns 19/ 41

H.F. _____ unnumbered paragraph 1, Code 2023, is amended to read as 1 follows: 2 With regard to a proposed ward protected person , the local 3 office shall do all of the following: 4 Sec. 42. Section 231E.5, subsection 2, paragraph g, 5 subparagraphs (2), (3), and (4), Code 2023, are amended to read 6 as follows: 7 (2) Determine whether the needs of the proposed ward 8 protected person require the appointment of a guardian or 9 conservator. 10 (3) Assess the financial resources of the proposed ward 11 protected person based on the information supplied to the local 12 office at the time of the determination. 13 (4) Inquire and, if appropriate, search to determine 14 whether any other person may be willing and able to serve as 15 the proposed ward’s protected person’s guardian or conservator. 16 Sec. 43. Section 231E.6, subsection 1, unnumbered paragraph 17 1, Code 2023, is amended to read as follows: 18 The court may appoint on its own motion or upon petition of 19 any person, the state office or a local office, to serve as 20 guardian or conservator for any proposed ward protected person 21 in cases in which the court determines that the proceeding 22 will establish the least restrictive form of guardianship 23 or conservatorship services suitable for the proposed ward 24 protected person and if the proposed ward protected person 25 meets all of the following criteria: 26 Sec. 44. Section 231E.7, subsection 3, Code 2023, is amended 27 to read as follows: 28 3. The best interests of the ward protected person require 29 the intervention. 30 Sec. 45. Section 231E.8, subsections 2, 3, and 4, Code 2023, 31 are amended to read as follows: 32 2. The state office or local office shall maintain 33 reasonable personal contact with each ward protected person or 34 client for whom the state office or local office is appointed 35 -20- LSB 1409YC (2) 90 cm/ns 20/ 41

H.F. _____ or designated in order to monitor the ward’s protected person’s 1 or client’s care and progress. 2 3. Notwithstanding any provision of law to the contrary, 3 the state office or local office appointed by the court may 4 access all confidential records concerning the ward protected 5 person for whom the state office or local office is appointed 6 or designated, including medical records and abuse reports. 7 4. In any proceeding in which the state or a local office is 8 appointed or is acting as guardian or conservator, the court 9 shall waive court costs or filing fees, if the state office 10 or local office certifies to the court that the state office 11 or local office has waived its fees in their entirety based 12 upon the ability of the ward protected person to pay for the 13 services of the state office or local office. 14 Sec. 46. Section 231E.8, subsection 6, paragraphs a, b, c, 15 and d, Code 2023, are amended to read as follows: 16 a. The ward protected person displays assaultive or 17 aggressive behavior that causes the public guardian to fear for 18 their personal safety. 19 b. The ward protected person refuses the services of the 20 public guardian. 21 c. The ward protected person refuses to have contact with 22 the public guardian. 23 d. The ward protected person moves out of Iowa. 24 Sec. 47. Section 252C.2, subsection 3, Code 2023, is amended 25 to read as follows: 26 3. The provision of child support collection or paternity 27 determination services under chapter 252B to an individual, 28 even though the individual is ineligible for public assistance, 29 creates a support debt due and owing to the individual or the 30 individual’s child or ward protected person by the responsible 31 person in the amount of a support obligation established by 32 court order or by the administrator. The administrator may 33 establish a support debt in favor of the individual or the 34 individual’s child or ward protected person and against the 35 -21- LSB 1409YC (2) 90 cm/ns 21/ 41

H.F. _____ responsible person, both as to amounts accrued and accruing, 1 pursuant to section 598.21B . 2 Sec. 48. Section 282.2, Code 2023, is amended to read as 3 follows: 4 282.2 Offsetting tax. 5 The parent or guardian whose child or ward protected person 6 attends school in a district of which the parent or guardian is 7 not a resident shall be allowed to deduct the amount of school 8 tax paid by the parent or guardian in said district from the 9 amount of tuition required to be paid. 10 Sec. 49. Section 321.198, subsection 2, Code 2023, is 11 amended to read as follows: 12 2. The provisions of this section shall also apply to the 13 spouse and children, or ward protected person, of military 14 personnel when such spouse, children, or ward protected person 15 are living with the military personnel described in subsection 16 1 outside of the state of Iowa and provided that such extension 17 of license does not exceed five years. 18 Sec. 50. Section 321.219, subsection 1, Code 2023, is 19 amended to read as follows: 20 1. A person shall not cause or knowingly permit the person’s 21 child or ward protected person under the age of eighteen years 22 to drive a motor vehicle upon any highway when the minor is not 23 authorized under this chapter . 24 Sec. 51. Section 563.12, Code 2023, is amended to read as 25 follows: 26 563.12 Special agreements —— evidence. 27 This chapter shall not prevent adjoining proprietors from 28 entering into special agreements about walls on the lines 29 between them, but no evidence thereof shall be competent unless 30 in writing, signed by the parties thereto or their lawfully 31 authorized agents, or the guardian of either, if a minor, 32 who shall have full authority to act for the guardian’s ward 33 protected person in all matters relating to walls in common 34 without an order of court therefor. 35 -22- LSB 1409YC (2) 90 cm/ns 22/ 41

H.F. _____ Sec. 52. Section 587.4, Code 2023, is amended to read as 1 follows: 2 587.4 Decrees for sale of real estate by guardian. 3 In all cases where decrees and orders of court have been 4 obtained for the sale of real estate by a guardian prior to 5 January 1, 1969, where the original notice shows that service 6 of notice pertaining to the sale of such real estate was made 7 on the minor or ward protected person outside of the state 8 of Iowa, such services of notices are hereby legalized. All 9 decrees so obtained as aforesaid are hereby legalized and held 10 to have the same force and effect as though the service of such 11 original notice had been made on the minor or ward protected 12 person within the state of Iowa. 13 Sec. 53. Section 595.3, subsection 5, Code 2023, is amended 14 to read as follows: 15 5. Where either party is a ward protected person under 16 a guardianship and the court has made a finding that the 17 ward protected person lacks the capacity to contract a valid 18 marriage. 19 Sec. 54. Section 598.29, subsection 4, Code 2023, is amended 20 to read as follows: 21 4. Where either party was a ward protected person under a 22 guardianship and was found by the court to lack the capacity 23 to contract a valid marriage. 24 Sec. 55. Section 633.3, subsections 9, 17, 22, and 23, Code 25 2023, are amended to read as follows: 26 9. “Conservator” means a person appointed by the court 27 to have the custody and control of the property of a ward 28 protected person under the provisions of this probate code. 29 17. “Estate” means the real and personal property of either 30 a decedent or a ward protected person , and may also refer to 31 the real and personal property of a trust described in section 32 633.10 . 33 22. “Guardian” means the person appointed by the court to 34 have the custody of the person of the ward protected person 35 -23- LSB 1409YC (2) 90 cm/ns 23/ 41

H.F. _____ under the provisions of this probate code. 1 23. “Guardian of the property” —— at the election of the 2 person appointed by the court to have the custody and care of 3 the property of a ward protected person , the term “guardian of 4 the property” may be used, which term shall be synonymous with 5 the term “conservator” . 6 Sec. 56. Section 633.78, subsection 1, unnumbered paragraph 7 1, Code 2023, is amended to read as follows: 8 A fiduciary under this chapter may present a written request 9 to any person for the purpose of obtaining property owned by 10 a decedent or by a ward protected person of a conservatorship 11 for which the fiduciary has been appointed, or property to 12 which a decedent or ward protected person is entitled, or 13 for information about such property needed to perform the 14 fiduciary’s duties. The request must contain statements 15 confirming all of the following: 16 Sec. 57. Section 633.78, subsection 1, paragraph b, Code 17 2023, is amended to read as follows: 18 b. The request has been signed by all fiduciaries acting on 19 behalf of the decedent or ward protected person . 20 Sec. 58. Section 633.78, subsection 4, paragraph a, Code 21 2023, is amended to read as follows: 22 a. Damages sustained by the decedent’s or ward’s protected 23 person’s estate. 24 Sec. 59. Section 633.80, Code 2023, is amended to read as 25 follows: 26 633.80 Fiduciary of a fiduciary. 27 A fiduciary has no authority to act in a matter wherein the 28 fiduciary’s decedent or ward protected person was merely a 29 fiduciary, except that the fiduciary shall file a report and 30 accounting on behalf of the decedent or ward protected person 31 in said matter. 32 Sec. 60. Section 633.93, Code 2023, is amended to read as 33 follows: 34 633.93 Limitation on actions affecting deeds. 35 -24- LSB 1409YC (2) 90 cm/ns 24/ 41

H.F. _____ No action for recovery of any real estate sold by any 1 fiduciary can be maintained by any person claiming under the 2 deceased, the ward protected person , or a beneficiary, unless 3 brought within five years after the date of the recording of 4 the conveyance. 5 Sec. 61. Section 633.112, Code 2023, is amended to read as 6 follows: 7 633.112 Discovery of property. 8 The court may require any person suspected of having 9 possession of any property, including records and documents, 10 of the decedent, ward protected person , or the estate, or of 11 having had such property under the person’s control, to appear 12 and submit to an examination under oath touching such matters, 13 and if on such examination it appears that the person has the 14 wrongful possession of any such property, the court may order 15 the delivery thereof to the fiduciary. Such a person shall be 16 liable to the estate for all damages caused by the person’s 17 acts. 18 Sec. 62. Section 633.123, subsection 1, paragraph b, 19 subparagraph (3), Code 2023, is amended to read as follows: 20 (3) The needs and rights of the beneficiaries or the ward 21 protected person . 22 Sec. 63. Section 633.580, subsections 1 and 4, Code 2023, 23 are amended to read as follows: 24 1. The name, age, and last known post office address of the 25 proposed ward protected person . 26 4. A general description of the property of the proposed 27 ward protected person within this state and of the proposed 28 ward’s protected person’s right to receive property; also, the 29 estimated present value of the real estate, the estimated value 30 of the personal property, and the estimated gross annual income 31 of the estate. If any money is payable, or to become payable, 32 to the proposed ward protected person by the United States 33 through the United States department of veterans affairs, the 34 petition shall so state. 35 -25- LSB 1409YC (2) 90 cm/ns 25/ 41

H.F. _____ Sec. 64. Section 633.591A, Code 2023, is amended to read as 1 follows: 2 633.591A Voluntary petition for appointment of conservator 3 for a minor —— standby basis. 4 A person having physical and legal custody of a minor 5 may execute a verified petition for the appointment of a 6 standby conservator of the proposed ward’s protected person’s 7 property, upon the express condition that the petition shall 8 be acted upon by the court only upon the occurrence of an event 9 specified or the existence of a described condition of the 10 mental or physical health of the petitioner, the occurrence 11 of which event, or the existence of which condition, shall be 12 established in the manner directed in the petition. 13 Sec. 65. Section 633.603, Code 2023, is amended to read as 14 follows: 15 633.603 Appointment of foreign conservators. 16 When there is no conservatorship, nor any application 17 therefor pending, in this state, the duly qualified foreign 18 conservator or guardian of a nonresident ward protected 19 person may, upon application, be appointed conservator of the 20 property of such person in this state; provided that a resident 21 conservator is appointed to serve with the foreign conservator; 22 and provided further, that for good cause shown, the court 23 may appoint the foreign conservator to act alone without the 24 appointment of a resident conservator. 25 Sec. 66. Section 633.604, Code 2023, is amended to read as 26 follows: 27 633.604 Application. 28 The application for appointment of a foreign conservator 29 or guardian as conservator in this state shall include the 30 name and address of the nonresident ward protected person , and 31 of the nonresident conservator or guardian, and the name and 32 address of the resident conservator to be appointed. It shall 33 be accompanied by a certified copy of the original letters 34 or other authority conferring the power upon the foreign 35 -26- LSB 1409YC (2) 90 cm/ns 26/ 41

H.F. _____ conservator or guardian to act as such. The application 1 shall also state the cause for the appointment of the foreign 2 conservator to act as sole conservator, if such be the case. 3 Sec. 67. Section 633.605, Code 2023, is amended to read as 4 follows: 5 633.605 Personal property. 6 A foreign conservator or guardian of a nonresident may 7 be authorized by the court of the county wherein such ward 8 protected person has personal property to receive the same upon 9 compliance with the provisions of sections 633.606 , 633.607 and 10 633.608 . 11 Sec. 68. Section 633.607, Code 2023, is amended to read as 12 follows: 13 633.607 Order for delivery. 14 Upon the filing of the bond as above provided, and the court 15 being satisfied with the amount thereof, it shall order the 16 personal property of the ward protected person delivered to 17 such conservator or guardian. 18 Sec. 69. Section 633.633, Code 2023, is amended to read as 19 follows: 20 633.633 Provisions applicable to all fiduciaries shall 21 govern. 22 The provisions of this probate code applicable to all 23 fiduciaries shall govern the appointment, qualification, oath 24 and bond of guardians and conservators, except that a guardian 25 shall not be required to give bond unless the court, for good 26 cause, finds that the best interests of the ward protected 27 person require a bond. The court shall then fix the terms and 28 conditions of such bond. 29 Sec. 70. Section 633.633B, Code 2023, is amended to read as 30 follows: 31 633.633B Tort liability of guardians and conservators. 32 The fact that a person is a guardian or conservator shall not 33 in itself make the person personally liable for damages for the 34 acts of the ward protected person . 35 -27- LSB 1409YC (2) 90 cm/ns 27/ 41

H.F. _____ Sec. 71. Section 633.636, Code 2023, is amended to read as 1 follows: 2 633.636 Effect of appointment of guardian or conservator. 3 The appointment of a guardian or conservator shall not 4 constitute an adjudication that the ward protected person is of 5 unsound mind. 6 Sec. 72. Section 633.637, Code 2023, is amended to read as 7 follows: 8 633.637 Powers of ward protected person . 9 1. A ward protected person for whom a conservator has been 10 appointed shall not have the power to convey, encumber, or 11 dispose of property in any manner, other than by will if the 12 ward protected person possesses the requisite testamentary 13 capacity, unless the court determines that the ward protected 14 person has a limited ability to handle the ward’s protected 15 person’s own funds. If the court makes such a finding, the 16 court shall specify to what extent the ward protected person 17 may possess and use the ward’s protected person’s own funds. 18 2. Any modification of the powers of the ward protected 19 person that would be more restrictive of the ward’s protected 20 person’s control over the ward’s protected person’s financial 21 affairs shall be based upon clear and convincing evidence 22 and the burden of persuasion is on the conservator. Any 23 modification that would be less restrictive of the ward’s 24 protected person’s control over the ward’s protected person’s 25 financial affairs shall be based upon proof in accordance with 26 the requirements of section 633.675 . 27 Sec. 73. Section 633.637A, Code 2023, is amended to read as 28 follows: 29 633.637A Rights of ward protected person under guardianship. 30 An adult ward protected person under a guardianship has the 31 right of communication, visitation, or interaction with other 32 persons upon the consent of the adult ward protected person , 33 subject to section 633.635, subsection 2 , paragraph “i” , and 34 section 633.635, subsection 3 , paragraph “c” . If an adult ward 35 -28- LSB 1409YC (2) 90 cm/ns 28/ 41

H.F. _____ protected person is unable to give express consent to such 1 communication, visitation, or interaction with a person due 2 to a physical or mental condition, consent of an adult ward 3 protected person may be presumed by a guardian or a court based 4 on an adult ward’s protected person’s prior relationship with 5 such person. 6 Sec. 74. Section 633.638, Code 2023, is amended to read as 7 follows: 8 633.638 Presumption of fraud. 9 If a conservator be appointed, all contracts, transfers and 10 gifts made by the ward protected person after the filing of the 11 petition shall be presumed to be a fraud against the rights 12 and interest of the ward protected person except as otherwise 13 directed by the court pursuant to section 633.637 . 14 Sec. 75. Section 633.639, Code 2023, is amended to read as 15 follows: 16 633.639 Title to ward’s protected person’s property. 17 The title to all property of the ward protected person is 18 in the ward protected person and not the conservator subject, 19 however, to the possession of the conservator and to the 20 control of the court for the purposes of administration, 21 sale or other disposition, under the provisions of the 22 law. Any real property titled at any time in the name of a 23 conservatorship shall be deemed to be titled in the ward’s 24 protected person’s name subject to the conservator’s right of 25 possession. 26 Sec. 76. Section 633.640, Code 2023, is amended to read as 27 follows: 28 633.640 Conservator’s right to possession. 29 Every conservator shall have a right to, and shall take, 30 possession of all of the real and personal property of the 31 ward protected person . The conservator shall pay the taxes 32 and collect the income therefrom until the conservatorship is 33 terminated. The conservator may maintain an action for the 34 possession of the property, and to determine the title to the 35 -29- LSB 1409YC (2) 90 cm/ns 29/ 41

H.F. _____ same. 1 Sec. 77. Section 633.643, Code 2023, is amended to read as 2 follows: 3 633.643 Disposal of will by conservator. 4 When an instrument purporting to be the will of the ward 5 protected person comes into the hands of a conservator, the 6 conservator shall immediately deliver it to the court. 7 Sec. 78. Section 633.644, Code 2023, is amended to read as 8 follows: 9 633.644 Court order to preserve testamentary intent of ward 10 protected person . 11 Upon receiving an instrument purporting to be the will of a 12 living ward protected person under the provisions of section 13 633.643 , the court may open said will and read it. The court 14 with or without notice, as it may determine, may enter such 15 orders in the conservatorship as it deems advisable for the 16 proper administration of the conservatorship in light of the 17 expressed testamentary intent of the ward protected person . 18 Sec. 79. Section 633.645, Code 2023, is amended to read as 19 follows: 20 633.645 Court to deliver will to clerk. 21 An instrument purporting to be the will of a ward protected 22 person coming into the hands of the court under the provisions 23 of section 633.643 , shall thereafter be resealed by the court 24 and be deposited with the clerk to be held by said clerk as 25 provided in sections 633.286 through 633.289 . 26 Sec. 80. Section 633.653A, Code 2023, is amended to read as 27 follows: 28 633.653A Claims for cost of medical care or services. 29 The provision of medical care or services to a ward protected 30 person who is a recipient of medical assistance under chapter 31 249A creates a claim against the conservatorship for the amount 32 owed to the provider under the medical assistance program for 33 the care or services. The amount of the claim, after being 34 allowed or established as provided in this part, shall be paid 35 -30- LSB 1409YC (2) 90 cm/ns 30/ 41

H.F. _____ by the conservator from the assets of the conservatorship. 1 Sec. 81. Section 633.654, Code 2023, is amended to read as 2 follows: 3 633.654 Form and verification of claims —— general 4 requirements. 5 No claim shall be allowed against the estate of a ward 6 protected person upon application of the claimant unless 7 it shall be in writing, filed in duplicate with the clerk, 8 stating the claimant’s name and address, and describing the 9 nature and the amount thereof, if ascertainable. It shall be 10 accompanied by the affidavit of the claimant, or of someone for 11 the claimant, that the amount is justly due, or if not due, 12 when it will or may become due, that no payments have been 13 made thereon which are not credited, and that there are no 14 offsets to the same, to the knowledge of the affiant, except as 15 therein stated. The duplicate of said claim shall be mailed 16 by the clerk to the conservator or the conservator’s attorney 17 of record; however, valid contract claims arising in the 18 ordinary course of the conduct of the business or affairs of 19 the ward protected person by the conservator may be paid by the 20 conservator without requiring affidavit or filing. 21 Sec. 82. Section 633.656, Code 2023, is amended to read as 22 follows: 23 633.656 How claim entitled. 24 All claims filed against the estate of the ward protected 25 person shall be entitled in the name of the claimant against 26 the conservator as such, naming the conservator, and in all 27 further proceedings thereon, this title shall be preserved. 28 Sec. 83. Section 633.660, Code 2023, is amended to read as 29 follows: 30 633.660 Execution and levy prohibited. 31 No execution shall issue upon, nor shall any levy be made 32 against, any property of the estate of a ward protected person 33 under any judgment against the ward protected person or a 34 conservator, but the provisions of this section shall not be so 35 -31- LSB 1409YC (2) 90 cm/ns 31/ 41

H.F. _____ construed as to prevent the enforcement of a mortgage, pledge, 1 or other lien upon property in an appropriate proceeding. 2 Sec. 84. Section 633.661, Code 2023, is amended to read as 3 follows: 4 633.661 Claims of conservators. 5 If the conservator is a creditor of the ward protected 6 person , the conservator shall file the claim as other 7 creditors, and the court shall appoint some competent person as 8 temporary conservator to represent the ward protected person 9 at the hearing on the conservator’s claim. The same procedure 10 shall be followed in the case of coconservators where all 11 such conservators are creditors of the ward protected person ; 12 but if one of the coconservators is not a creditor of the 13 ward protected person , such disinterested conservator shall 14 represent the ward protected person at the hearing on any claim 15 against the ward protected person by a coconservator. 16 Sec. 85. Section 633.662, Code 2023, is amended to read as 17 follows: 18 633.662 Claims not filed. 19 The conservator may pay any valid claim against the estate of 20 the ward protected person even though such claim has not been 21 filed, but all such payments made by the conservator shall be 22 at the conservator’s own peril. 23 Sec. 86. Section 633.664, Code 2023, is amended to read as 24 follows: 25 633.664 Liens not affected by failure to file claim. 26 Nothing in sections 633.654 and 633.658 shall affect or 27 prevent an action or proceeding to enforce any mortgage, 28 pledge, or other lien upon the property of the ward protected 29 person . 30 Sec. 87. Section 633.665, Code 2023, is amended to read as 31 follows: 32 633.665 Separate actions and claims. 33 1. Any action pending against the ward protected person at 34 the time the conservator is appointed shall also be considered 35 -32- LSB 1409YC (2) 90 cm/ns 32/ 41

H.F. _____ a claim filed in the conservatorship if notice of substitution 1 is served on the conservator as defendant and a duplicate of 2 the proof of service of notice of such proceeding is filed in 3 the conservatorship proceeding. 4 2. A separate action based on a debt or other liability 5 of the ward protected person may be commenced against the 6 conservator in lieu of filing a claim in the conservatorship. 7 Such an action shall be commenced by serving an original notice 8 on the conservator and filing a duplicate of the proof of 9 service of notice of such proceeding in the conservatorship 10 proceeding. Such an action shall also be considered a claim 11 filed in the conservatorship. Such an action may be commenced 12 only in a county where the venue would have been proper if 13 there were no conservatorship and the action had been commenced 14 against the ward protected person . 15 Sec. 88. Section 633.667, Code 2023, is amended to read as 16 follows: 17 633.667 Payment of claims in insolvent conservatorships. 18 When it appears that the assets in a conservatorship are 19 insufficient to pay in full all the claims against such 20 conservatorship, the conservator shall report such matter to 21 the court, and the court shall, upon hearing, with notice to 22 all persons who have filed claims in the conservatorship, make 23 an order for the pro rata payment of claims giving claimants 24 the same priority, if any, as they would have if the ward 25 protected person were not under conservatorship. 26 Sec. 89. Section 633.668, Code 2023, is amended to read as 27 follows: 28 633.668 Conservator may make gifts. 29 For good cause shown and under order of court, a conservator 30 may make gifts on behalf of the ward protected person out of 31 the assets under a conservatorship to persons or religious, 32 educational, scientific, charitable, or other nonprofit 33 organizations to whom or to which such gifts were regularly 34 made prior to the commencement of the conservatorship, or on 35 -33- LSB 1409YC (2) 90 cm/ns 33/ 41

H.F. _____ a showing to the court that such gifts would benefit the ward 1 protected person or the ward’s protected person’s estate from 2 the standpoint of income, gift, estate or inheritance taxes. 3 The making of gifts out of the assets must not foreseeably 4 impair the ability to provide adequately for the best interests 5 of the ward protected person . 6 Sec. 90. Section 633.671, subsections 5 and 6, Code 2023, 7 are amended to read as follows: 8 5. The residence or physical location of the ward protected 9 person . 10 6. The general physical and mental condition of the ward 11 protected person . 12 Sec. 91. Section 633.673, Code 2023, is amended to read as 13 follows: 14 633.673 Court costs in guardianships. 15 The ward protected person or the ward’s protected person’s 16 estate shall be charged with the court costs of a ward’s 17 protected person’s guardianship, including the guardian’s fees 18 and the fees of the attorney for the guardian. The court 19 may, upon application, enter an order waiving payment of the 20 court costs in indigent cases. However, if the ward protected 21 person or ward’s protected person’s estate becomes financially 22 capable of paying any waived costs, the costs shall be paid 23 immediately. 24 Sec. 92. Section 633.676, Code 2023, 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. 93. Section 633.677, Code 2023, 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 -34- LSB 1409YC (2) 90 cm/ns 34/ 41

H.F. _____ 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. 94. Section 633.682, Code 2023, is amended to read as 9 follows: 10 633.682 Discharge of conservator and release of bond. 11 Upon settlement of the final accounting of a conservator, 12 and upon determining that the property of the ward protected 13 person has been delivered to the person or persons lawfully 14 entitled thereto, the court shall discharge the conservator and 15 exonerate the surety on the conservator’s bond. 16 Sec. 95. Section 636.23, subsection 13, Code 2023, is 17 amended to read as follows: 18 13. Life, endowment or annuity contracts of legal reserve 19 life insurance companies authorized to do business in Iowa. The 20 purchase of contracts authorized by this subsection shall be 21 limited to executors or the successors to their powers when 22 specifically authorized by will, and to guardians and trustees, 23 in an amount not to exceed twenty-five percent of the value 24 of the ward’s protected person’s property in possession of 25 the fiduciary. Such contract may be issued on the life or 26 lives of a ward protected person or wards protected persons or 27 beneficiary or beneficiaries of a trust fund created by will or 28 trust agreement, or upon the life or lives of persons in whose 29 life or lives such ward protected person or beneficiary has an 30 insurable interest. The proceeds or avails of such contract 31 shall be the sole property of the person or persons whose funds 32 are invested therein. 33 Sec. 96. Section 638.2, subsections 5, 15, and 27, Code 34 2023, are amended to read as follows: 35 -35- LSB 1409YC (2) 90 cm/ns 35/ 41

H.F. _____ 5. “Conservator” means the same as defined in section 633.3 . 1 “Conservator” includes a person appointed to have the custody 2 and control of the property of a ward protected person in a 3 limited conservatorship unless otherwise provided by order of 4 the court. 5 15. “Guardian” means the same as defined in section 633.3 . 6 “Guardian” includes a person appointed to have the custody and 7 care of the person of the ward protected person in a limited 8 guardianship unless otherwise provided by order of the court. 9 27. “Ward” “Protected person” means an individual for whom a 10 conservator or guardian has been appointed. “Ward” “Protected 11 person” includes an individual for whom an application for the 12 appointment of a conservator or guardian is pending and for 13 which a court order authorizing access under this chapter has 14 been granted. 15 Sec. 97. Section 638.3, subsection 1, paragraph c, Code 16 2023, is amended to read as follows: 17 c. A conservator or guardian acting for a ward protected 18 person on or after July 1, 2017. 19 Sec. 98. Section 638.14, Code 2023, is amended to read as 20 follows: 21 638.14 Disclosure of digital assets to conservator or 22 guardian of a ward protected person . 23 1. After an opportunity for a hearing to all interested 24 parties, the court may grant a conservator or guardian access 25 to the digital assets of a ward protected person . 26 2. Unless otherwise ordered by the court or directed by the 27 user, a custodian shall disclose to a conservator or guardian 28 the catalogue of electronic communications sent or received 29 by a ward protected person and any digital assets, other than 30 the content of electronic communications, in which the ward 31 protected person has a right or interest if the conservator or 32 guardian gives the custodian all of the following: 33 a. A written request for disclosure in physical or 34 electronic form. 35 -36- LSB 1409YC (2) 90 cm/ns 36/ 41

H.F. _____ b. A file-stamped copy of the court order that gives the 1 conservator or guardian authority over the digital assets of 2 the ward protected person . 3 c. If requested by the custodian, any of the following: 4 (1) A number, username, address, or other unique subscriber 5 or account identifier assigned by the custodian to identify the 6 account of the ward protected person . 7 (2) Evidence linking the account to the ward protected 8 person . 9 3. If the conservatorship or guardianship is not limited, 10 the conservator or guardian may request a custodian of the 11 digital assets of the ward protected person to suspend or 12 terminate an account of the ward protected person for good 13 cause. A request made under this section must be accompanied 14 by a file-stamped copy of the court order establishing the 15 conservatorship or guardianship. 16 Sec. 99. Section 638.15, subsections 3, 4, and 5, Code 2023, 17 are amended to read as follows: 18 3. A fiduciary with authority over the property of a 19 decedent, ward protected person , principal, or settlor has 20 the right to access any digital asset in which the decedent, 21 ward protected person , principal, or settlor had a right or 22 interest and that is not held by a custodian or subject to a 23 terms-of-service agreement. 24 4. A fiduciary acting within the scope of the fiduciary’s 25 duties is an authorized user of the property of the decedent, 26 ward protected person , principal, or settlor for the purpose 27 of applicable computer-fraud and unauthorized-computer-access 28 laws, including section 716.6B . 29 5. A fiduciary with authority over the tangible, personal 30 property of a decedent, ward protected person , principal, or 31 settlor possesses all of the following authority: 32 a. Has the right to access the property and any digital 33 asset stored in the property. 34 b. Is an authorized user for the purpose of computer-fraud 35 -37- LSB 1409YC (2) 90 cm/ns 37/ 41

H.F. _____ and unauthorized-computer-access laws, including section 1 716.6B . 2 Sec. 100. Section 692A.113, subsection 2, paragraph b, Code 3 2023, is amended to read as follows: 4 b. Who is the parent or legal guardian of a minor shall not 5 be in violation of subsection 1 solely during the period of 6 time reasonably necessary to transport the offender’s own minor 7 child or ward protected person to or from a place specified in 8 subsection 1 . 9 Sec. 101. Section 692A.114, subsection 3, paragraph f, Code 10 2023, is amended to read as follows: 11 f. The sex offender is a ward protected person in a 12 guardianship, and a district judge or associate probate judge 13 grants an exemption from the residency restriction. 14 Sec. 102. Section 726.5, subsection 1, Code 2023, is amended 15 to read as follows: 16 1. a. A person, who being able to do so, fails or refuses 17 to provide support for the person’s child or ward protected 18 person under the age of eighteen years for a period longer than 19 one year or in an amount greater than five thousand dollars 20 commits the offense of nonsupport. 21 b. A person shall not be held to have violated this section 22 if the person fails to support any child or ward protected 23 person under the age of eighteen who has left the home of the 24 parent or other person having legal custody of the child or 25 ward protected person without the consent of that parent or 26 person having legal custody of the child or ward protected 27 person . 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the creation, administration, 32 and termination of adult and minor guardianships and 33 conservatorships. 34 Under current law, the juvenile court has exclusive 35 -38- LSB 1409YC (2) 90 cm/ns 38/ 41

H.F. _____ jurisdiction of guardianship proceedings. The bill provides 1 that the juvenile court also has exclusive jurisdiction over 2 guardianships of minors. 3 The bill makes official juvenile court records in 4 guardianships confidential and not public records. The 5 following people are authorized to request the records without 6 court order: the judge and professional court staff, the 7 minor and the minor’s counsel, the minor’s parent, guardian, 8 or custodian, court visitor, and any counsel representing such 9 person, so long as they do not disclose the confidential record 10 or contents unless required by law. 11 Under current law, the petition for minor and adult 12 guardianships includes the name and address of any adult 13 who has had the primary care of the minor or with whom the 14 protected person has lived for at least six months prior to the 15 filing of the petition. The bill requires the name and address 16 of any adult who has had the primary care of the protected 17 person or with whom the protected person had lived at any time 18 during the six months prior to the filing of the petition. 19 The bill requires that in addition to stating in the 20 guardianship for the minor petition why a limited guardianship 21 is appropriate, the petition must also state whether a 22 conservatorship for the minor is already in place. The 23 notice of a guardianship proceeding must be given to any 24 adult with whom the minor has lived for the six months 25 immediately preceding the filing of the petition. If a 26 minor’s known parents have not consented to the appointment 27 of a guardian, the notice of the filing of a guardianship 28 petition shall inform the known parents that they are entitled 29 to representation if they meet the conditions in Code section 30 232D.304. 31 Under current law, qualification for a court visitor is not 32 provided. The bill provides a person is qualified to serve 33 as a court visitor for a minor or adult protected person if 34 the court determines the person has demonstrated sufficient 35 -39- LSB 1409YC (2) 90 cm/ns 39/ 41

H.F. _____ knowledge of guardianships to adequately perform the duties of 1 a court visitor. 2 The bill changes the requirements of the background checks 3 for a proposed guardian of a minor. Previously, the proposed 4 guardian for the minor could use background checks from the 5 past 12 months prior to filing the petition. The bill changes 6 that time frame to six months and adds that the background 7 check needs to have been provided to the court. The bill also 8 includes the same provision for adult guardianships. 9 The bill directs that the initial verified care plan must 10 include the guardian’s plan for applying and receiving funds 11 and benefits for the support of the minor. 12 The bill allows a district court conducting checks of the 13 dependent adult abuse registry for all proposed guardians 14 and conservators to have access to dependent adult abuse 15 information other than unfounded dependent adult abuse 16 information. 17 The bill provides that a court visitor will be discharged 18 upon the appointment of a guardian or conservator unless 19 ordered by the court to continue. 20 The bill strikes and replaces Code section 633.642 21 (responsibilities of conservator). An order appointing a 22 conservator shall state the basis for the conservatorship, 23 and upon appointment the conservator may exercise the powers 24 relating to all fiduciaries, unless expressly modified by the 25 court, without prior court approval. These powers include but 26 are not limited to the following: making written requests for 27 the purpose of obtaining the property of the protected person, 28 or obtaining information about the property of the protected 29 person; designating and employing an attorney to assist in 30 the administration of the estate of the protected person; 31 holding investments in the name of a bank or trustee company; 32 and requiring a bank to show ownership of investments held in 33 nominee name and keep them separate from the assets of the 34 bank. Until the conservator files and the court approves an 35 -40- LSB 1409YC (2) 90 cm/ns 40/ 41

H.F. _____ initial financial management plan, the conservator may exercise 1 the following powers without court approval except as otherwise 2 ordered by the court: collect, receive, and receipt for any 3 principal or income of the protected person; receive property 4 of the protected person from any source; and continue to hold 5 any investment or other property of the protected person. The 6 clerk of the court shall issue letters of appointment upon the 7 filing of an appropriate oath by the conservator and a copy of 8 the initial order of the court and any future order, granting 9 or limiting the authority of the conservator to act on behalf 10 of the protected person, shall be attached to the letters of 11 appointment. 12 The bill also strikes and replaces Code section 633.669 13 (reports by guardians), changing the information required to be 14 contained in a guardian’s written verified reports including 15 the initial care plan and annual reports, and information 16 required to be included in reports by conservators including 17 the initial financial management plan, an inventory of the 18 protected person’s assets and debts, the annual report, and the 19 final report. 20 The bill replaces reporting requirements for guardians, and 21 requires that guardians must obtain court approval prior to any 22 significant deviation from the initial care plan filed with the 23 court. 24 The bill modifies reporting requirements for conservators. 25 The bill creates two tiers to which a conservator may be 26 assigned. The conservator must give notice of filing a plan, 27 and if no objection is made within 20 days, the conservator 28 must submit a proposed order to the court approving the initial 29 plan. If there are objections to the plan, the court must set 30 the matter for hearing. 31 The bill makes conforming changes throughout the Code by 32 changing the term “ward” to “protected person”. 33 -41- LSB 1409YC (2) 90 cm/ns 41/ 41