S.F. 295 DIVISION I 1 MINOR GUARDIANSHIPS 2 Section 1. Section 232D.103, Code 2023, is amended to read 3 as follows: 4 232D.103 Jurisdiction. 5 The juvenile court has exclusive jurisdiction in a 6 guardianship proceeding concerning a minor who is alleged to 7 be in need of a guardianship for appointment of a guardian for 8 a minor and in a proceeding concerning the guardianship of a 9 minor . 10 Sec. 2. Section 232D.301, subsection 4, Code 2023, is 11 amended to read as follows: 12 4. The petition shall state whether a limited guardianship 13 is appropriate , and whether a conservatorship for the minor is 14 already in existence . 15 Sec. 3. Section 232D.302, subsection 2, Code 2023, is 16 amended to read as follows: 17 2. Notice shall be served upon the minor’s known parents 18 listed in the petition in accordance with the rules of civil 19 procedure. If the parent has not filed a consent to the 20 appointment of a guardian, the notice shall inform any parent 21 named in the petition that the parent may be entitled to 22 representation under the conditions described in section 23 232D.304. 24 Sec. 4. Section 232D.305, subsection 1, Code 2023, is 25 amended to read as follows: 26 1. The court may appoint a court visitor for the minor in a 27 proceeding for the appointment of a guardian for a minor . 28 Sec. 5. Section 232D.305, Code 2023, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 6. The court may order a court visitor to 31 continue to serve if the court determines continued service 32 would be in the best interest of the minor. If the court 33 continues the services of the court visitor, the court may 34 limit the direct duties of the court visitor as the court deems 35 -1- LSB 1394SV (2) 90 cm/ns 1/ 40

S.F. 295 necessary in which case the court visitor shall thereafter 1 continue to serve until discharged by the court. If the 2 court does not order the court visitor to continue, the order 3 appointing the guardian shall discharge the court visitor. 4 Sec. 6. Section 232D.306, Code 2023, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 4. A hearing on the petition may be 7 recorded if a court reporter is not used. 8 Sec. 7. Section 232D.309, Code 2023, is amended by adding 9 the following new subsections: 10 NEW SUBSECTION . 8. The court may order an extension of 11 the temporary guardianship for thirty days for good cause 12 shown, including a showing that a hearing on a petition for a 13 guardianship under section 232D.301 cannot be scheduled within 14 thirty days after the order for a temporary guardianship is 15 issued. Prior to or contemporaneously with the filing for an 16 application for the extension of time, the guardian shall file 17 a report with the court setting forth all of the following: 18 a. All actions conducted by the guardian on behalf of the 19 minor from the time of the initial appointment of the guardian 20 up to the time of the report. 21 b. All actions that the guardian plans to conduct on behalf 22 of the minor during the thirty-day extension period. 23 NEW SUBSECTION . 9. The temporary guardian shall submit any 24 other report the court requires. 25 Sec. 8. Section 232D.401, subsection 3, unnumbered 26 paragraph 1, Code 2023, is amended to read as follows: 27 An order by the court appointing a guardian for a minor shall 28 state the powers granted to the guardian until such time as the 29 guardian files an initial care plan and such plan is approved 30 by the court as required by section 232D.501, subsection 4 . 31 Except as otherwise limited by court an order appointing a 32 guardian for a minor , the court may grant the guardian the 33 following powers , which may be exercised without prior court 34 approval : 35 -2- LSB 1394SV (2) 90 cm/ns 2/ 40

S.F. 295 Sec. 9. Section 232D.501, subsection 1, paragraph a, Code 1 2023, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (03) The guardian’s plan, if any, for 3 applying for and receiving funds and benefits payable for the 4 support of the minor. 5 Sec. 10. Section 232D.501, subsection 1, paragraph b, Code 6 2023, is amended by adding the following new subparagraphs: 7 NEW SUBPARAGRAPH . (11) The results of the guardian’s 8 efforts to apply for funds or benefits for the minor, and 9 an accounting for the use of such funds or benefits by the 10 guardian. 11 NEW SUBPARAGRAPH . (12) Any other information the guardian 12 deems necessary for the court to consider. 13 Sec. 11. NEW SECTION . 232D.501A Delinquent plans or 14 reports. 15 1. On June 1 and December 1 of each year, the clerk shall 16 notify the fiduciary and the fiduciary’s attorney of any 17 delinquent plans or reports due by law in any pending minor 18 guardianship, and that unless such delinquent plan or report 19 is filed within sixty days thereafter, the matter shall be 20 reported to the presiding judge. If the delinquent plan or 21 report is not filed within the time so specified, the fiduciary 22 will be subject to removal under the provisions of section 23 232D.502. 24 2. On August 1 and February 1 of each year, the clerk shall 25 report to the presiding judge all delinquent plans or reports 26 in minor guardianships on which such notice has been given and 27 no plan or report has been filed in response to the notice. 28 DIVISION II 29 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS 30 Sec. 12. Section 235B.6, subsection 2, paragraph d, Code 31 2023, is amended by adding the following new subparagraph: 32 NEW SUBPARAGRAPH . (7) To a district court conducting 33 checks of the dependent adult abuse registry for all proposed 34 guardians and conservators pursuant to section 633.564. 35 -3- LSB 1394SV (2) 90 cm/ns 3/ 40

S.F. 295 Sec. 13. Section 633.556, subsection 4, Code 2023, is 1 amended to read as follows: 2 4. The petition shall list the name and address of the 3 respondent and petitioner , and the petitioner’s relationship 4 to the respondent. 5 Sec. 14. Section 633.556, subsection 8, Code 2023, is 6 amended by striking the subsection. 7 Sec. 15. Section 633.560, subsection 3, Code 2023, is 8 amended to read as follows: 9 3. The court shall require the proposed guardian or 10 conservator to attend the hearing on the petition but the court 11 may excuse the proposed guardian’s or conservator’s attendance 12 for good cause shown. 13 Sec. 16. Section 633.560, subsection 6, Code 2023, is 14 amended by striking the subsection and inserting in lieu 15 thereof the following: 16 6. The hearing may be recorded if a court reporter is not 17 used. 18 Sec. 17. Section 633.562, Code 2023, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 7. A court visitor shall be discharged 21 from all further duties upon appointment of a guardian or 22 conservator unless otherwise ordered by the court. The court 23 may order a court visitor to continue to serve if the court 24 determines continued service would be in the best interest of 25 the protected person. If the court continues the service of 26 the court visitor, the court may limit the direct duties of the 27 court visitor as the court deems necessary. The court visitor 28 shall thereafter continue to serve until discharged by the 29 court. 30 Sec. 18. Section 633.564, subsection 1, Code 2023, is 31 amended to read as follows: 32 1. The court shall request criminal record checks and 33 checks of the child abuse, dependent adult abuse, and sexual 34 offender registries in this state for all proposed guardians 35 -4- LSB 1394SV (2) 90 cm/ns 4/ 40

S.F. 295 and conservators, other than financial institutions with Iowa 1 trust powers , unless a proposed guardian or conservator has 2 undergone the background check required by this section within 3 the twelve months prior to the filing of a petition and the 4 background check has been provided to the court . 5 Sec. 19. Section 633.569, subsections 1, 2, and 3, Code 6 2023, are amended to read as follows: 7 1. A person authorized to file a petition under section 8 633.552 , 633.553 , or 633.554 633.556 or 633.557 may file an 9 application for the emergency appointment of a temporary 10 guardian or conservator. 11 2. Such application shall state all of the following: 12 a. The name and address of the respondent. 13 b. The name and address of the petitioner and the 14 petitioner’s relationship to the respondent. 15 b. c. The name and address of the proposed guardian or 16 conservator and the reason the proposed guardian or conservator 17 should be selected. 18 d. The names and addresses, to the extent known, of any 19 other persons who must be named in the petition for the 20 appointment of a guardian or conservator under section 633.556 21 or 633.557. 22 c. e. The reason the emergency appointment of a temporary 23 guardian or conservator is sought. 24 3. The court may enter an ex parte order appointing a 25 temporary guardian or conservator on an emergency basis under 26 this section if the court finds that all of the following 27 conditions are met: 28 a. There is not sufficient time to file a petition and hold 29 a hearing pursuant to section 633.552 , 633.553 , or 633.554 30 633.556, 633.557, or 633.560 . 31 b. The appointment of a temporary guardian or conservator 32 is necessary to avoid immediate or irreparable harm to the 33 respondent before a hearing with notice to the respondent can 34 be held . 35 -5- LSB 1394SV (2) 90 cm/ns 5/ 40

S.F. 295 c. There is reason to believe that the basis for appointment 1 of guardian or conservator exists under section 633.552 , 2 633.553 , or 633.554 633.556 or 633.557 . 3 Sec. 20. Section 633.569, Code 2023, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 8. The court may order an extension of 6 the temporary guardianship or conservatorship for thirty days 7 for good cause shown, including a showing that a hearing on a 8 petition for a guardianship or conservatorship under section 9 633.556 or 633.557 cannot be scheduled within thirty days after 10 the order for a temporary guardianship or conservatorship is 11 issued. Prior to or contemporaneously with the filing for 12 an application for the extension of time, the guardian or 13 conservator shall file a report with the court setting forth 14 all of the following: 15 a. All actions conducted by the guardian or conservator on 16 behalf of the protected person from the time of the initial 17 appointment of the guardian up to the time of the report. 18 b. All actions that the guardian or conservator plans to 19 conduct on behalf of the protected person during the thirty-day 20 extension period. 21 NEW SUBSECTION . 9. The temporary guardian or conservator 22 shall submit any other report the court requires. 23 Sec. 21. Section 633.570, subsections 1 and 2, Code 2023, 24 are amended to read as follows: 25 1. In a proceeding for the appointment of a guardian, the 26 respondent shall be given written notice which advises the 27 respondent of the powers that the court may grant a guardian 28 may exercise without court approval pursuant to the powers set 29 out in section 633.635, subsection 2 , and the powers that the 30 guardian may exercise only with court approval pursuant to set 31 out in section 633.635, subsection 3 . 32 2. In a proceeding for the appointment of a conservator, 33 the respondent shall be given written notice which advises the 34 respondent of the powers that the court may grant a conservator 35 -6- LSB 1394SV (2) 90 cm/ns 6/ 40

S.F. 295 may exercise without court approval pursuant to section 633.646 1 and the powers that the conservator may exercise only with 2 court approval pursuant to section 633.647 the powers set out 3 in section 633.642 . 4 Sec. 22. Section 633.635, subsection 1, Code 2023, is 5 amended to read as follows: 6 1. The order by the court appointing a guardian shall state 7 the factual basis for the guardianship pursuant to section 8 633.552 and the date on which the first reporting period for 9 the guardianship shall end . 10 Sec. 23. Section 633.635, subsection 2, unnumbered 11 paragraph 1, Code 2023, is amended to read as follows: 12 Based upon the evidence produced at the hearing An order by 13 the court appointing a guardian for an adult shall state the 14 powers granted to the guardian until such time as the guardian 15 files an initial care plan and such plan is approved by the 16 court as required by section 633.669. Except as otherwise 17 limited by an order appointing a guardian for an adult , the 18 court may grant a guardian the following powers and duties with 19 respect to a protected person which may be exercised without 20 prior court approval : 21 Sec. 24. Section 633.635, subsection 3, unnumbered 22 paragraph 1, Code 2023, is amended to read as follows: 23 A Notwithstanding subsection 2, a guardian may be granted 24 the following powers which may only be exercised upon court 25 approval: 26 Sec. 25. Section 633.641, subsection 3, Code 2023, is 27 amended to read as follows: 28 3. If a protected person has executed a valid power of 29 attorney under chapter 633B , the conservator shall act in 30 accordance with the applicable provisions of chapter 633B 31 section 633B.108 . 32 Sec. 26. Section 633.642, Code 2023, is amended by striking 33 the section and inserting in lieu thereof the following: 34 633.642 Powers of conservator. 35 -7- LSB 1394SV (2) 90 cm/ns 7/ 40

S.F. 295 1. An order by the court appointing a conservator shall 1 state the basis for the conservatorship pursuant to section 2 633.553 or section 633.554. 3 2. Upon appointment by the court, and until such time as the 4 conservator files an initial financial management plan and such 5 plan is approved by the court as required by section 633.670, 6 subsection 1, a conservator has the authority to exercise all 7 powers applicable to fiduciaries pursuant to sections 633.63 8 through 633.162, unless expressly modified by the court. 9 3. In the order approving an initial financial management 10 plan or an annual report, the court shall approve and set forth 11 the specific powers of a conservator, which may be thereafter 12 exercised by the conservator until further court order. 13 4. Upon the filing of an appropriate oath by the 14 conservator, the clerk of court shall issue letters of 15 appointment. A copy of the initial order of the court shall 16 be attached to the letters of appointment. Upon approval of 17 an initial financial management plan, approval of an annual 18 report, or further order of the court granting, modifying, 19 limiting, or terminating powers of the conservator, the clerk 20 of court shall issue new letters of appointment which shall 21 reflect all powers thereafter held by the conservator. 22 Sec. 27. Section 633.669, subsection 1, Code 2023, is 23 amended to read as follows: 24 1. A guardian appointed by the court under this chapter 25 shall file with the court the following written verified 26 reports which shall not be waived by the court: 27 a. The reports must be based on the needs of the protected 28 person and take into account the best interest of the protected 29 person as well as the protected person’s preference, values, 30 and prior directions to the extent known to, or reasonably 31 ascertainable by, the guardian. 32 a. b. An initial care plan filed within sixty days of 33 appointment. The information in the initial care plan shall 34 include but not be limited to the following information: 35 -8- LSB 1394SV (2) 90 cm/ns 8/ 40

S.F. 295 (1) The current residence of the protected person and the 1 guardian’s plan for the protected person’s living arrangements. 2 (2) The guardian’s plan for payment of the protected 3 person’s living expenses and other expenses. 4 (3) The If applicable, the protected person’s health status 5 and health care needs, and the guardian’s plan for meeting the 6 protected person’s needs for medical, dental, and other health 7 care needs. 8 (4) Whether the protected person has a living will or health 9 care power of attorney. 10 (4) (5) If applicable, the guardian’s plan for other 11 professional services needed by the protected person. 12 (5) (6) If applicable, the guardian’s plan for meeting the 13 educational, training, and vocational needs of the protected 14 person. 15 (6) (7) If applicable, the guardian’s plan for facilitating 16 the participation of the protected person in social activities. 17 (7) (8) The guardian’s plan for facilitating contacts 18 between the protected person and the protected person’s family 19 members and other significant persons significant in the life 20 of the protected person . 21 (8) (9) The guardian’s plan for contact with, and 22 activities on behalf of, the protected person. 23 (10) The powers that the guardian requests to carry out the 24 initial care plan. 25 b. c. An annual report, filed within sixty days of the 26 close of the reporting period, unless the court otherwise 27 orders on good cause shown. The information in the annual 28 report shall include but not be limited to the following 29 information: 30 (1) The current living arrangements of the protected 31 person. 32 (2) The sources of payment for the protected person’s living 33 expenses and other expenses. 34 (3) A description, if applicable, of the following: 35 -9- LSB 1394SV (2) 90 cm/ns 9/ 40

S.F. 295 (a) The protected person’s physical and mental health 1 status and the health services including medical, dental, and 2 other professional services provided to the protected person. 3 (b) If applicable, the The protected person’s employment 4 status and the educational, training, and vocational services 5 provided to the protected person. 6 (c) The guardian’s facilitation of the participation of the 7 protected person in social activities. 8 (c) (d) The contact of the protected person with family 9 members and other significant persons. 10 (d) (e) The nature and extent of the guardian’s visits 11 with, and activities on behalf of, the protected person. 12 (4) The guardian’s changes to the care plan for the 13 protected person for the next annual reporting period. 14 (5) The powers that the guardian requests to carry out 15 the care plan for the protected person for the next annual 16 reporting period. 17 (4) (6) The guardian’s recommendation as to the need for 18 continuation of the guardianship. 19 (5) (7) The ability of the guardian to continue as 20 guardian. 21 (6) (8) The need of the guardian for assistance in 22 providing or arranging for the provision of the care and 23 protection of the protected person. 24 c. d. A final report within thirty days of the termination 25 of the guardianship under section 633.675 unless that time is 26 extended by the court. 27 Sec. 28. Section 633.669, Code 2023, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 5. If the court finds that there are 30 reasonable grounds to believe that the guardian has committed 31 the offense of older individual assault under section 32 708.2D, theft against an older individual under section 33 714.2A, consumer fraud against an older individual under 34 section 714.16A, elder abuse under section 726.24, financial 35 -10- LSB 1394SV (2) 90 cm/ns 10/ 40

S.F. 295 exploitation of an older individual under section 726.25, 1 or dependent adult abuse under section 726.26, the court 2 shall refer the matter to the appropriate county attorney for 3 consideration of the initiation of criminal charges. 4 Sec. 29. Section 633.670, Code 2023, is amended by striking 5 the section and inserting in lieu thereof the following: 6 633.670 Reports by conservators. 7 1. A conservator shall file a verified initial financial 8 management plan for protecting, managing, investing, expending, 9 and distributing the assets of the conservatorship estate 10 within ninety days after appointment, which shall not be waived 11 by the court. 12 a. The plan must be based on the needs of the protected 13 person and take into account the best interest of the protected 14 person as well as the protected person’s preference, values, 15 and prior directions to the extent known to, or reasonably 16 ascertainable by, the conservator. 17 b. The plan must provide the protected person’s age, 18 residence, living arrangements, and sources of payment for 19 living expenses. 20 c. When the conservator files the plan, the conservator 21 shall file, if applicable, the protected person’s will with the 22 court clerk and the protected person’s prepaid burial trust and 23 powers of attorney shall be described. 24 d. The plan must include a proposed budget for the protected 25 person and budget-related information for the next annual 26 reporting period including the following: 27 (1) The protected person’s receipts and income and 28 the projected sources of income including, if applicable, 29 wages, social security income, pension and retirement plan 30 distribution, veterans’ benefits, rental income, interest 31 earnings, and dividends, and the total estimated receipts and 32 income. 33 (2) The protected person’s liabilities and debts including, 34 if applicable, mortgage, car loans, credit card debt, federal, 35 -11- LSB 1394SV (2) 90 cm/ns 11/ 40

S.F. 295 state, and property taxes owed, and the total estimated 1 liabilities and debts; a list and concise explanation of 2 any liability or debt owed by the protected person to the 3 conservator; and a list and concise explanation of the 4 liability of any other person for a liability of the protected 5 person. 6 (3) The protected person’s estimated expenses on a monthly 7 and annual basis including, if applicable, nursing home or 8 facility charge, expenses for residence, food and household 9 expenses, utilities, household help and caregiver expenses, 10 health services and health insurance expenses, educational and 11 vocational expenses, personal auto and other transportation 12 expenses, clothing expenses, personal allowance and other 13 personal expenses, liabilities and debts, attorney fees and 14 other professional expenses, conservator fees, and other 15 administrative expenses. 16 e. The plan must include a list of the protected person’s 17 assets and the conservator’s plan for management of these 18 assets including, if applicable, financial accounts including 19 checking and certificates of deposit and cash, investments 20 including stocks, bonds, mutual funds, exchange-traded funds, 21 individual retirement accounts and other investment accounts, 22 pension, profit-sharing, annuities, and retirement funds, 23 personal property including household goods and vehicles, 24 receivables including mortgages and liens payable to the 25 protected person’s estate or trust, life insurance, and other 26 property. 27 f. The plan must include the authority that the conservator 28 requests to carry out the plan in accordance with the proposed 29 budget for the protected person and the plan for the management 30 of the property of the protected person for the next annual 31 reporting period. 32 g. The conservator shall provide notice of the filing of 33 the plan and a copy of the plan to the protected person, the 34 protected person’s attorney, if any, and court visitor, if any, 35 -12- LSB 1394SV (2) 90 cm/ns 12/ 40

S.F. 295 and others as directed by the court. The notice must state 1 that any person entitled to a copy of the plan must file any 2 objections to the plan not later than twenty days from the date 3 of mailing notice of filing the initial plan. 4 h. At least twenty days after the plan has been filed, the 5 court shall review and determine whether the plan should be 6 approved or revised, after considering objections filed and 7 whether the plan is consistent with the conservator’s powers 8 and duties. 9 i. After approval by the court, the conservator shall 10 provide a copy of the approved plan and order approving the 11 plan to the protected person, the protected person’s attorney, 12 if any, and court visitor, if any, and others as directed by 13 the court. 14 2. A conservator shall attach to the initial financial 15 management plan an inventory of the protected person’s assets 16 within ninety days after appointment which includes an oath 17 or affirmation that the inventory is believed to be complete 18 and accurate as far as information permits. The conservator 19 shall provide copies of the inventory to the protected person, 20 the protected person’s attorney, if any, and court visitor, if 21 any, and others as directed by the court. Any objections to 22 the inventory shall be filed in the same manner and according 23 to the same schedule as objections to the initial financial 24 management plan. The court shall review the inventory and 25 determine whether the inventory should be approved at the same 26 time as the court reviews the initial financial management 27 plan. When the conservator receives an additional property 28 of the protected person, or becomes aware of its existence, 29 a description of the property shall be included in the 30 conservator’s next annual report. 31 3. A conservator shall file a verified report on an annual 32 basis for the period since the end of the preceding report 33 period, which shall not be waived by the court. 34 a. The annual report must provide the age, the residence, 35 -13- LSB 1394SV (2) 90 cm/ns 13/ 40

S.F. 295 the living arrangements of the protected person, and sources of 1 payment for the protected person’s living expenses during the 2 reporting period. 3 b. The annual report must include the following income and 4 expenditure information: 5 (1) If applicable, all income or funds received by the 6 conservator on behalf of the protected person including the 7 items specified in subsection 1, paragraph “d” , subparagraph 8 (1). 9 (2) If applicable, all expenditures made by the conservator 10 on behalf of the protected person including the items, 11 if applicable, specified in subsection 1, paragraph “d” , 12 subparagraph (3). If any of the expenditures were made 13 to provide support for or pay the debts of another person, 14 the annual report shall include an explanation of these 15 expenditures. If any of the expenditures were made to pay 16 any liability or debt owed by the protected person to the 17 conservator, the annual report shall include an explanation of 18 these expenditures. If any of the expenditures were made to 19 pay any liability or debt that is also owed by another person 20 or entity, the annual report shall include an explanation of 21 these expenditures. If any of the expenditures were paid 22 with the use of cash or withdrawal of cash from an account 23 of the protected person, the annual report shall include an 24 explanation of the use of cash or withdrawal of cash. 25 c. The annual report shall include a proposed budget and 26 budget-related information for the next reporting period 27 containing the information specified in subsection 1, paragraph 28 “d” , and a request for approval of the proposed budget and 29 authority to make expenditures in accordance with the proposed 30 budget. 31 d. The annual report must include a proposed plan for 32 management of the assets of the protected person for the next 33 reporting period and a request for approval of the proposed 34 plan for management of the assets of the protected person and 35 -14- LSB 1394SV (2) 90 cm/ns 14/ 40

S.F. 295 the authority to carry out the plan. 1 e. The conservator may request court approval of fees 2 provided by an attorney on behalf of the conservatorship or the 3 protected person during the preceding reporting period. 4 f. The conservator may request court approval of fees 5 provided to the conservator on behalf of the conservatorship or 6 the protected person during the preceding reporting period. 7 4. The conservator shall file a verified final report with 8 the court as follows: 9 a. Within thirty days following removal of the conservator. 10 b. Upon the conservator’s filing of a resignation and before 11 the resignation is accepted by the court. 12 c. Within sixty days following the termination of the 13 conservatorship. 14 d. Any other time as ordered by the court. 15 5. Reports required by this section shall be provided to the 16 veterans administration if the protected person is receiving 17 veterans’ benefits. 18 6. If the court finds that there are reasonable grounds to 19 believe that the conservator has committed the offense of theft 20 against an older individual under section 714.2A, consumer 21 fraud against an older individual under section 714.16A, elder 22 abuse under section 726.16A, financial exploitation of an older 23 individual under section 726.25, or dependent adult abuse 24 under section 726.26, the court shall refer the matter to the 25 appropriate county attorney for consideration of the initiation 26 of criminal charges. 27 Sec. 30. Section 633.675, subsections 2 and 3, Code 2023, 28 are amended to read as follows: 29 2. The court shall terminate a guardianship if it finds by 30 clear and convincing evidence that the basis for appointing a 31 guardian pursuant to section 633.552 has not been established. 32 3. The court shall terminate a conservatorship if the court 33 finds by clear and convincing evidence that the basis for 34 appointing a conservator pursuant to section 633.553 or 633.554 35 -15- LSB 1394SV (2) 90 cm/ns 15/ 40

S.F. 295 is not satisfied. 1 DIVISION III 2 CONFORMING CHANGES 3 Sec. 31. Section 10.1, subsection 7, Code 2023, is amended 4 to read as follows: 5 7. “Farm estate” means the real and personal property of a 6 decedent, a ward protected person , or a trust as provided in 7 chapters 633 and 633A , if at least sixty percent of the gross 8 receipts from the estate comes from farming. 9 Sec. 32. Section 217.40, Code 2023, is amended to read as 10 follows: 11 217.40 Training for guardians and conservators. 12 The department of human services, or a person designated 13 by the director, shall establish training programs designed 14 to assist all duly appointed guardians and conservators in 15 understanding their fiduciary duties and liabilities, the 16 special needs of the ward protected person , and how to best 17 serve the ward protected person and the ward’s protected 18 person’s interests. 19 Sec. 33. Section 231E.2, subsection 2, paragraph b, Code 20 2023, is amended to read as follows: 21 b. It is also the intent of the general assembly that the 22 state office of public guardian provide assistance to both 23 public and private guardians, conservators, and representative 24 payees throughout the state in securing necessary services 25 for their wards protected persons and clients, and to assist 26 guardians, conservators, representative payees, wards protected 27 persons , clients, courts, and attorneys in the orderly and 28 expeditious handling of guardianship, conservatorship, and 29 representative payee proceedings. 30 Sec. 34. Section 231E.3, subsection 17, Code 2023, is 31 amended to read as follows: 32 17. “Ward” “Protected person” means the individual for whom 33 a guardianship or conservatorship is established. 34 Sec. 35. Section 231E.4, subsection 3, paragraphs f and h, 35 -16- LSB 1394SV (2) 90 cm/ns 16/ 40

S.F. 295 Code 2023, are amended to read as follows: 1 f. Develop and maintain a current listing of public and 2 private services and programs available to assist wards 3 protected persons and clients, and their families, and 4 establish and maintain relationships with public and private 5 entities to assure the availability of effective guardianship, 6 conservatorship, and representative payee services for wards 7 protected persons and clients. 8 h. Maintain statistical data on the local offices including 9 various methods of funding, the types of services provided, and 10 the demographics of the wards protected persons and clients, 11 and report to the general assembly on or before November 12 1, annually, regarding the local offices and recommend any 13 appropriate legislative action. 14 Sec. 36. Section 231E.4, subsection 6, paragraph e, Code 15 2023, is amended to read as follows: 16 e. A fee schedule. The department may establish by 17 rule a schedule of reasonable fees for the costs of public 18 guardianship services provided under this chapter . The fee 19 schedule established may be based upon the ability of the ward 20 protected person or client to pay for the services but shall 21 not exceed the actual cost of providing the services. The 22 state office or a local office may waive collection of a fee 23 upon a finding that collection is not economically feasible. 24 The rules may provide that the state office or a local office 25 may investigate the financial status of a ward protected person 26 or client that requests guardianship, conservatorship, or 27 representative payee services or for whom the state public 28 guardian or a local public guardian has been appointed for 29 the purpose of determining the fee to be charged by requiring 30 the ward protected person or client to provide any written 31 authorizations necessary to provide access to records of 32 public or private sources, otherwise confidential, needed to 33 evaluate the individual’s financial eligibility. The rules 34 may also provide that the state public guardian or a local 35 -17- LSB 1394SV (2) 90 cm/ns 17/ 40

S.F. 295 public guardian may, upon request and without payment of fees 1 otherwise required by law, obtain information necessary to 2 evaluate the individual’s financial eligibility from any office 3 of the state or of a political subdivision or agency of the 4 state that possesses public records. 5 Sec. 37. Section 231E.5, subsection 2, paragraph g, 6 unnumbered paragraph 1, Code 2023, is amended to read as 7 follows: 8 With regard to a proposed ward protected person , the local 9 office shall do all of the following: 10 Sec. 38. Section 231E.5, subsection 2, paragraph g, 11 subparagraphs (2), (3), and (4), Code 2023, are amended to read 12 as follows: 13 (2) Determine whether the needs of the proposed ward 14 protected person require the appointment of a guardian or 15 conservator. 16 (3) Assess the financial resources of the proposed ward 17 protected person based on the information supplied to the local 18 office at the time of the determination. 19 (4) Inquire and, if appropriate, search to determine 20 whether any other person may be willing and able to serve as 21 the proposed ward’s protected person’s guardian or conservator. 22 Sec. 39. Section 231E.6, subsection 1, unnumbered paragraph 23 1, Code 2023, is amended to read as follows: 24 The court may appoint on its own motion or upon petition of 25 any person, the state office or a local office, to serve as 26 guardian or conservator for any proposed ward protected person 27 in cases in which the court determines that the proceeding 28 will establish the least restrictive form of guardianship 29 or conservatorship services suitable for the proposed ward 30 protected person and if the proposed ward protected person 31 meets all of the following criteria: 32 Sec. 40. Section 231E.7, subsection 3, Code 2023, is amended 33 to read as follows: 34 3. The best interests of the ward protected person require 35 -18- LSB 1394SV (2) 90 cm/ns 18/ 40

S.F. 295 the intervention. 1 Sec. 41. Section 231E.8, subsections 2, 3, and 4, Code 2023, 2 are amended to read as follows: 3 2. The state office or local office shall maintain 4 reasonable personal contact with each ward protected person or 5 client for whom the state office or local office is appointed 6 or designated in order to monitor the ward’s protected person’s 7 or client’s care and progress. 8 3. Notwithstanding any provision of law to the contrary, 9 the state office or local office appointed by the court may 10 access all confidential records concerning the ward protected 11 person for whom the state office or local office is appointed 12 or designated, including medical records and abuse reports. 13 4. In any proceeding in which the state or a local office is 14 appointed or is acting as guardian or conservator, the court 15 shall waive court costs or filing fees, if the state office 16 or local office certifies to the court that the state office 17 or local office has waived its fees in their entirety based 18 upon the ability of the ward protected person to pay for the 19 services of the state office or local office. 20 Sec. 42. Section 231E.8, subsection 6, paragraphs a, b, c, 21 and d, Code 2023, are amended to read as follows: 22 a. The ward protected person displays assaultive or 23 aggressive behavior that causes the public guardian to fear for 24 their personal safety. 25 b. The ward protected person refuses the services of the 26 public guardian. 27 c. The ward protected person refuses to have contact with 28 the public guardian. 29 d. The ward protected person moves out of Iowa. 30 Sec. 43. Section 252C.2, subsection 3, Code 2023, is amended 31 to read as follows: 32 3. The provision of child support collection or paternity 33 determination services under chapter 252B to an individual, 34 even though the individual is ineligible for public assistance, 35 -19- LSB 1394SV (2) 90 cm/ns 19/ 40

S.F. 295 creates a support debt due and owing to the individual or the 1 individual’s child or ward protected person by the responsible 2 person in the amount of a support obligation established by 3 court order or by the administrator. The administrator may 4 establish a support debt in favor of the individual or the 5 individual’s child or ward protected person and against the 6 responsible person, both as to amounts accrued and accruing, 7 pursuant to section 598.21B . 8 Sec. 44. Section 282.2, Code 2023, is amended to read as 9 follows: 10 282.2 Offsetting tax. 11 The parent or guardian whose child or ward protected person 12 attends school in a district of which the parent or guardian is 13 not a resident shall be allowed to deduct the amount of school 14 tax paid by the parent or guardian in said district from the 15 amount of tuition required to be paid. 16 Sec. 45. Section 321.198, subsection 2, Code 2023, is 17 amended to read as follows: 18 2. The provisions of this section shall also apply to the 19 spouse and children, or ward protected person, of military 20 personnel when such spouse, children, or ward protected person 21 are living with the military personnel described in subsection 22 1 outside of the state of Iowa and provided that such extension 23 of license does not exceed five years. 24 Sec. 46. Section 321.219, subsection 1, Code 2023, is 25 amended to read as follows: 26 1. A person shall not cause or knowingly permit the person’s 27 child or ward protected person under the age of eighteen years 28 to drive a motor vehicle upon any highway when the minor is not 29 authorized under this chapter . 30 Sec. 47. Section 563.12, Code 2023, is amended to read as 31 follows: 32 563.12 Special agreements —— evidence. 33 This chapter shall not prevent adjoining proprietors from 34 entering into special agreements about walls on the lines 35 -20- LSB 1394SV (2) 90 cm/ns 20/ 40

S.F. 295 between them, but no evidence thereof shall be competent unless 1 in writing, signed by the parties thereto or their lawfully 2 authorized agents, or the guardian of either, if a minor, 3 who shall have full authority to act for the guardian’s ward 4 protected person in all matters relating to walls in common 5 without an order of court therefor. 6 Sec. 48. Section 587.4, Code 2023, is amended to read as 7 follows: 8 587.4 Decrees for sale of real estate by guardian. 9 In all cases where decrees and orders of court have been 10 obtained for the sale of real estate by a guardian prior to 11 January 1, 1969, where the original notice shows that service 12 of notice pertaining to the sale of such real estate was made 13 on the minor or ward protected person outside of the state 14 of Iowa, such services of notices are hereby legalized. All 15 decrees so obtained as aforesaid are hereby legalized and held 16 to have the same force and effect as though the service of such 17 original notice had been made on the minor or ward protected 18 person within the state of Iowa. 19 Sec. 49. Section 595.3, subsection 5, Code 2023, is amended 20 to read as follows: 21 5. Where either party is a ward protected person under 22 a guardianship and the court has made a finding that the 23 ward protected person lacks the capacity to contract a valid 24 marriage. 25 Sec. 50. Section 598.29, subsection 4, Code 2023, is amended 26 to read as follows: 27 4. Where either party was a ward protected person under a 28 guardianship and was found by the court to lack the capacity 29 to contract a valid marriage. 30 Sec. 51. Section 633.3, subsections 9, 17, 22, and 23, Code 31 2023, are amended to read as follows: 32 9. “Conservator” means a person appointed by the court 33 to have the custody and control of the property of a ward 34 protected person under the provisions of this probate code. 35 -21- LSB 1394SV (2) 90 cm/ns 21/ 40

S.F. 295 17. “Estate” means the real and personal property of either 1 a decedent or a ward protected person , and may also refer to 2 the real and personal property of a trust described in section 3 633.10 . 4 22. “Guardian” means the person appointed by the court to 5 have the custody of the person of the ward protected person 6 under the provisions of this probate code. 7 23. “Guardian of the property” —— at the election of the 8 person appointed by the court to have the custody and care of 9 the property of a ward protected person , the term “guardian of 10 the property” may be used, which term shall be synonymous with 11 the term “conservator” . 12 Sec. 52. Section 633.78, subsection 1, unnumbered paragraph 13 1, Code 2023, is amended to read as follows: 14 A fiduciary under this chapter may present a written request 15 to any person for the purpose of obtaining property owned by 16 a decedent or by a ward protected person of a conservatorship 17 for which the fiduciary has been appointed, or property to 18 which a decedent or ward protected person is entitled, or 19 for information about such property needed to perform the 20 fiduciary’s duties. The request must contain statements 21 confirming all of the following: 22 Sec. 53. Section 633.78, subsection 1, paragraph b, Code 23 2023, is amended to read as follows: 24 b. The request has been signed by all fiduciaries acting on 25 behalf of the decedent or ward protected person . 26 Sec. 54. Section 633.78, subsection 4, paragraph a, Code 27 2023, is amended to read as follows: 28 a. Damages sustained by the decedent’s or ward’s protected 29 person’s estate. 30 Sec. 55. Section 633.80, Code 2023, is amended to read as 31 follows: 32 633.80 Fiduciary of a fiduciary. 33 A fiduciary has no authority to act in a matter wherein the 34 fiduciary’s decedent or ward protected person was merely a 35 -22- LSB 1394SV (2) 90 cm/ns 22/ 40

S.F. 295 fiduciary, except that the fiduciary shall file a report and 1 accounting on behalf of the decedent or ward protected person 2 in said matter. 3 Sec. 56. Section 633.93, Code 2023, is amended to read as 4 follows: 5 633.93 Limitation on actions affecting deeds. 6 No action for recovery of any real estate sold by any 7 fiduciary can be maintained by any person claiming under the 8 deceased, the ward protected person , or a beneficiary, unless 9 brought within five years after the date of the recording of 10 the conveyance. 11 Sec. 57. Section 633.112, Code 2023, is amended to read as 12 follows: 13 633.112 Discovery of property. 14 The court may require any person suspected of having 15 possession of any property, including records and documents, 16 of the decedent, ward protected person , or the estate, or of 17 having had such property under the person’s control, to appear 18 and submit to an examination under oath touching such matters, 19 and if on such examination it appears that the person has the 20 wrongful possession of any such property, the court may order 21 the delivery thereof to the fiduciary. Such a person shall be 22 liable to the estate for all damages caused by the person’s 23 acts. 24 Sec. 58. Section 633.123, subsection 1, paragraph b, 25 subparagraph (3), Code 2023, is amended to read as follows: 26 (3) The needs and rights of the beneficiaries or the ward 27 protected person . 28 Sec. 59. Section 633.580, subsections 1 and 4, Code 2023, 29 are amended to read as follows: 30 1. The name, age, and last known post office address of the 31 proposed ward protected person . 32 4. A general description of the property of the proposed 33 ward protected person within this state and of the proposed 34 ward’s protected person’s right to receive property; also, the 35 -23- LSB 1394SV (2) 90 cm/ns 23/ 40

S.F. 295 estimated present value of the real estate, the estimated value 1 of the personal property, and the estimated gross annual income 2 of the estate. If any money is payable, or to become payable, 3 to the proposed ward protected person by the United States 4 through the United States department of veterans affairs, the 5 petition shall so state. 6 Sec. 60. Section 633.591A, Code 2023, is amended to read as 7 follows: 8 633.591A Voluntary petition for appointment of conservator 9 for a minor —— standby basis. 10 A person having physical and legal custody of a minor 11 may execute a verified petition for the appointment of a 12 standby conservator of the proposed ward’s protected person’s 13 property, upon the express condition that the petition shall 14 be acted upon by the court only upon the occurrence of an event 15 specified or the existence of a described condition of the 16 mental or physical health of the petitioner, the occurrence 17 of which event, or the existence of which condition, shall be 18 established in the manner directed in the petition. 19 Sec. 61. Section 633.603, Code 2023, is amended to read as 20 follows: 21 633.603 Appointment of foreign conservators. 22 When there is no conservatorship, nor any application 23 therefor pending, in this state, the duly qualified foreign 24 conservator or guardian of a nonresident ward protected 25 person may, upon application, be appointed conservator of the 26 property of such person in this state; provided that a resident 27 conservator is appointed to serve with the foreign conservator; 28 and provided further, that for good cause shown, the court 29 may appoint the foreign conservator to act alone without the 30 appointment of a resident conservator. 31 Sec. 62. Section 633.604, Code 2023, is amended to read as 32 follows: 33 633.604 Application. 34 The application for appointment of a foreign conservator 35 -24- LSB 1394SV (2) 90 cm/ns 24/ 40

S.F. 295 or guardian as conservator in this state shall include the 1 name and address of the nonresident ward protected person , and 2 of the nonresident conservator or guardian, and the name and 3 address of the resident conservator to be appointed. It shall 4 be accompanied by a certified copy of the original letters 5 or other authority conferring the power upon the foreign 6 conservator or guardian to act as such. The application 7 shall also state the cause for the appointment of the foreign 8 conservator to act as sole conservator, if such be the case. 9 Sec. 63. Section 633.605, Code 2023, is amended to read as 10 follows: 11 633.605 Personal property. 12 A foreign conservator or guardian of a nonresident may 13 be authorized by the court of the county wherein such ward 14 protected person has personal property to receive the same upon 15 compliance with the provisions of sections 633.606 , 633.607 and 16 633.608 . 17 Sec. 64. Section 633.607, Code 2023, is amended to read as 18 follows: 19 633.607 Order for delivery. 20 Upon the filing of the bond as above provided, and the court 21 being satisfied with the amount thereof, it shall order the 22 personal property of the ward protected person delivered to 23 such conservator or guardian. 24 Sec. 65. Section 633.633, Code 2023, is amended to read as 25 follows: 26 633.633 Provisions applicable to all fiduciaries shall 27 govern. 28 The provisions of this probate code applicable to all 29 fiduciaries shall govern the appointment, qualification, oath 30 and bond of guardians and conservators, except that a guardian 31 shall not be required to give bond unless the court, for good 32 cause, finds that the best interests of the ward protected 33 person require a bond. The court shall then fix the terms and 34 conditions of such bond. 35 -25- LSB 1394SV (2) 90 cm/ns 25/ 40

S.F. 295 Sec. 66. Section 633.633B, Code 2023, is amended to read as 1 follows: 2 633.633B Tort liability of guardians and conservators. 3 The fact that a person is a guardian or conservator shall not 4 in itself make the person personally liable for damages for the 5 acts of the ward protected person . 6 Sec. 67. Section 633.636, Code 2023, is amended to read as 7 follows: 8 633.636 Effect of appointment of guardian or conservator. 9 The appointment of a guardian or conservator shall not 10 constitute an adjudication that the ward protected person is of 11 unsound mind. 12 Sec. 68. Section 633.637, Code 2023, is amended to read as 13 follows: 14 633.637 Powers of ward protected person . 15 1. A ward protected person for whom a conservator has been 16 appointed shall not have the power to convey, encumber, or 17 dispose of property in any manner, other than by will if the 18 ward protected person possesses the requisite testamentary 19 capacity, unless the court determines that the ward protected 20 person has a limited ability to handle the ward’s protected 21 person’s own funds. If the court makes such a finding, the 22 court shall specify to what extent the ward protected person 23 may possess and use the ward’s protected person’s own funds. 24 2. Any modification of the powers of the ward protected 25 person that would be more restrictive of the ward’s protected 26 person’s control over the ward’s protected person’s financial 27 affairs shall be based upon clear and convincing evidence 28 and the burden of persuasion is on the conservator. Any 29 modification that would be less restrictive of the ward’s 30 protected person’s control over the ward’s protected person’s 31 financial affairs shall be based upon proof in accordance with 32 the requirements of section 633.675 . 33 Sec. 69. Section 633.637A, Code 2023, is amended to read as 34 follows: 35 -26- LSB 1394SV (2) 90 cm/ns 26/ 40

S.F. 295 633.637A Rights of ward protected person under guardianship. 1 An adult ward protected person under a guardianship has the 2 right of communication, visitation, or interaction with other 3 persons upon the consent of the adult ward protected person , 4 subject to section 633.635, subsection 2 , paragraph “i” , and 5 section 633.635, subsection 3 , paragraph “c” . If an adult ward 6 protected person is unable to give express consent to such 7 communication, visitation, or interaction with a person due 8 to a physical or mental condition, consent of an adult ward 9 protected person may be presumed by a guardian or a court based 10 on an adult ward’s protected person’s prior relationship with 11 such person. 12 Sec. 70. Section 633.638, Code 2023, is amended to read as 13 follows: 14 633.638 Presumption of fraud. 15 If a conservator be appointed, all contracts, transfers and 16 gifts made by the ward protected person after the filing of the 17 petition shall be presumed to be a fraud against the rights 18 and interest of the ward protected person except as otherwise 19 directed by the court pursuant to section 633.637 . 20 Sec. 71. Section 633.639, Code 2023, is amended to read as 21 follows: 22 633.639 Title to ward’s protected person’s property. 23 The title to all property of the ward protected person is 24 in the ward protected person and not the conservator subject, 25 however, to the possession of the conservator and to the 26 control of the court for the purposes of administration, 27 sale or other disposition, under the provisions of the 28 law. Any real property titled at any time in the name of a 29 conservatorship shall be deemed to be titled in the ward’s 30 protected person’s name subject to the conservator’s right of 31 possession. 32 Sec. 72. Section 633.640, Code 2023, is amended to read as 33 follows: 34 633.640 Conservator’s right to possession. 35 -27- LSB 1394SV (2) 90 cm/ns 27/ 40

S.F. 295 Every conservator shall have a right to, and shall take, 1 possession of all of the real and personal property of the 2 ward protected person . The conservator shall pay the taxes 3 and collect the income therefrom until the conservatorship is 4 terminated. The conservator may maintain an action for the 5 possession of the property, and to determine the title to the 6 same. 7 Sec. 73. Section 633.643, Code 2023, is amended to read as 8 follows: 9 633.643 Disposal of will by conservator. 10 When an instrument purporting to be the will of the ward 11 protected person comes into the hands of a conservator, the 12 conservator shall immediately deliver it to the court. 13 Sec. 74. Section 633.644, Code 2023, is amended to read as 14 follows: 15 633.644 Court order to preserve testamentary intent of ward 16 protected person . 17 Upon receiving an instrument purporting to be the will of a 18 living ward protected person under the provisions of section 19 633.643 , the court may open said will and read it. The court 20 with or without notice, as it may determine, may enter such 21 orders in the conservatorship as it deems advisable for the 22 proper administration of the conservatorship in light of the 23 expressed testamentary intent of the ward protected person . 24 Sec. 75. Section 633.645, Code 2023, is amended to read as 25 follows: 26 633.645 Court to deliver will to clerk. 27 An instrument purporting to be the will of a ward protected 28 person coming into the hands of the court under the provisions 29 of section 633.643 , shall thereafter be resealed by the court 30 and be deposited with the clerk to be held by said clerk as 31 provided in sections 633.286 through 633.289 . 32 Sec. 76. Section 633.653A, Code 2023, is amended to read as 33 follows: 34 633.653A Claims for cost of medical care or services. 35 -28- LSB 1394SV (2) 90 cm/ns 28/ 40

S.F. 295 The provision of medical care or services to a ward protected 1 person who is a recipient of medical assistance under chapter 2 249A creates a claim against the conservatorship for the amount 3 owed to the provider under the medical assistance program for 4 the care or services. The amount of the claim, after being 5 allowed or established as provided in this part, shall be paid 6 by the conservator from the assets of the conservatorship. 7 Sec. 77. Section 633.654, Code 2023, is amended to read as 8 follows: 9 633.654 Form and verification of claims —— general 10 requirements. 11 No claim shall be allowed against the estate of a ward 12 protected person upon application of the claimant unless 13 it shall be in writing, filed in duplicate with the clerk, 14 stating the claimant’s name and address, and describing the 15 nature and the amount thereof, if ascertainable. It shall be 16 accompanied by the affidavit of the claimant, or of someone for 17 the claimant, that the amount is justly due, or if not due, 18 when it will or may become due, that no payments have been 19 made thereon which are not credited, and that there are no 20 offsets to the same, to the knowledge of the affiant, except as 21 therein stated. The duplicate of said claim shall be mailed 22 by the clerk to the conservator or the conservator’s attorney 23 of record; however, valid contract claims arising in the 24 ordinary course of the conduct of the business or affairs of 25 the ward protected person by the conservator may be paid by the 26 conservator without requiring affidavit or filing. 27 Sec. 78. Section 633.656, Code 2023, is amended to read as 28 follows: 29 633.656 How claim entitled. 30 All claims filed against the estate of the ward protected 31 person shall be entitled in the name of the claimant against 32 the conservator as such, naming the conservator, and in all 33 further proceedings thereon, this title shall be preserved. 34 Sec. 79. Section 633.660, Code 2023, is amended to read as 35 -29- LSB 1394SV (2) 90 cm/ns 29/ 40

S.F. 295 follows: 1 633.660 Execution and levy prohibited. 2 No execution shall issue upon, nor shall any levy be made 3 against, any property of the estate of a ward protected person 4 under any judgment against the ward protected person or a 5 conservator, but the provisions of this section shall not be so 6 construed as to prevent the enforcement of a mortgage, pledge, 7 or other lien upon property in an appropriate proceeding. 8 Sec. 80. Section 633.661, Code 2023, is amended to read as 9 follows: 10 633.661 Claims of conservators. 11 If the conservator is a creditor of the ward protected 12 person , the conservator shall file the claim as other 13 creditors, and the court shall appoint some competent person as 14 temporary conservator to represent the ward protected person 15 at the hearing on the conservator’s claim. The same procedure 16 shall be followed in the case of coconservators where all 17 such conservators are creditors of the ward protected person ; 18 but if one of the coconservators is not a creditor of the 19 ward protected person , such disinterested conservator shall 20 represent the ward protected person at the hearing on any claim 21 against the ward protected person by a coconservator. 22 Sec. 81. Section 633.662, Code 2023, is amended to read as 23 follows: 24 633.662 Claims not filed. 25 The conservator may pay any valid claim against the estate of 26 the ward protected person even though such claim has not been 27 filed, but all such payments made by the conservator shall be 28 at the conservator’s own peril. 29 Sec. 82. Section 633.664, Code 2023, is amended to read as 30 follows: 31 633.664 Liens not affected by failure to file claim. 32 Nothing in sections 633.654 and 633.658 shall affect or 33 prevent an action or proceeding to enforce any mortgage, 34 pledge, or other lien upon the property of the ward protected 35 -30- LSB 1394SV (2) 90 cm/ns 30/ 40

S.F. 295 person . 1 Sec. 83. Section 633.665, Code 2023, is amended to read as 2 follows: 3 633.665 Separate actions and claims. 4 1. Any action pending against the ward protected person at 5 the time the conservator is appointed shall also be considered 6 a claim filed in the conservatorship if notice of substitution 7 is served on the conservator as defendant and a duplicate of 8 the proof of service of notice of such proceeding is filed in 9 the conservatorship proceeding. 10 2. A separate action based on a debt or other liability 11 of the ward protected person may be commenced against the 12 conservator in lieu of filing a claim in the conservatorship. 13 Such an action shall be commenced by serving an original notice 14 on the conservator and filing a duplicate of the proof of 15 service of notice of such proceeding in the conservatorship 16 proceeding. Such an action shall also be considered a claim 17 filed in the conservatorship. Such an action may be commenced 18 only in a county where the venue would have been proper if 19 there were no conservatorship and the action had been commenced 20 against the ward protected person . 21 Sec. 84. Section 633.667, Code 2023, is amended to read as 22 follows: 23 633.667 Payment of claims in insolvent conservatorships. 24 When it appears that the assets in a conservatorship are 25 insufficient to pay in full all the claims against such 26 conservatorship, the conservator shall report such matter to 27 the court, and the court shall, upon hearing, with notice to 28 all persons who have filed claims in the conservatorship, make 29 an order for the pro rata payment of claims giving claimants 30 the same priority, if any, as they would have if the ward 31 protected person were not under conservatorship. 32 Sec. 85. Section 633.668, Code 2023, is amended to read as 33 follows: 34 633.668 Conservator may make gifts. 35 -31- LSB 1394SV (2) 90 cm/ns 31/ 40

S.F. 295 For good cause shown and under order of court, a conservator 1 may make gifts on behalf of the ward protected person out of 2 the assets under a conservatorship to persons or religious, 3 educational, scientific, charitable, or other nonprofit 4 organizations to whom or to which such gifts were regularly 5 made prior to the commencement of the conservatorship, or on 6 a showing to the court that such gifts would benefit the ward 7 protected person or the ward’s protected person’s estate from 8 the standpoint of income, gift, estate or inheritance taxes. 9 The making of gifts out of the assets must not foreseeably 10 impair the ability to provide adequately for the best interests 11 of the ward protected person . 12 Sec. 86. Section 633.671, subsections 5 and 6, Code 2023, 13 are amended to read as follows: 14 5. The residence or physical location of the ward protected 15 person . 16 6. The general physical and mental condition of the ward 17 protected person . 18 Sec. 87. Section 633.673, Code 2023, is amended to read as 19 follows: 20 633.673 Court costs in guardianships. 21 The ward protected person or the ward’s protected person’s 22 estate shall be charged with the court costs of a ward’s 23 protected person’s guardianship, including the guardian’s fees 24 and the fees of the attorney for the guardian. The court 25 may, upon application, enter an order waiving payment of the 26 court costs in indigent cases. However, if the ward protected 27 person or ward’s protected person’s estate becomes financially 28 capable of paying any waived costs, the costs shall be paid 29 immediately. 30 Sec. 88. Section 633.676, Code 2023, is amended to read as 31 follows: 32 633.676 Assets exhausted. 33 At any time that the assets of the ward’s protected person’s 34 estate do not exceed the amount of the charges and claims 35 -32- LSB 1394SV (2) 90 cm/ns 32/ 40

S.F. 295 against it, the court may direct the conservator to proceed to 1 terminate the conservatorship. 2 Sec. 89. Section 633.677, Code 2023, is amended to read as 3 follows: 4 633.677 Accounting to ward protected person —— notice. 5 Upon the termination of a conservatorship, the conservator 6 shall pay the costs of administration and shall render a full 7 and complete accounting to the ward protected person or the 8 ward’s protected person’s personal representative and to the 9 court. Notice of the final report of a conservator shall be 10 served on the ward protected person or the ward’s protected 11 person’s personal representative, in accordance with section 12 633.40 , unless notice is waived. An order prescribing notice 13 may be made before or after the filing of the final report. 14 Sec. 90. Section 633.682, Code 2023, is amended to read as 15 follows: 16 633.682 Discharge of conservator and release of bond. 17 Upon settlement of the final accounting of a conservator, 18 and upon determining that the property of the ward protected 19 person has been delivered to the person or persons lawfully 20 entitled thereto, the court shall discharge the conservator and 21 exonerate the surety on the conservator’s bond. 22 Sec. 91. Section 636.23, subsection 13, Code 2023, is 23 amended to read as follows: 24 13. Life, endowment or annuity contracts of legal reserve 25 life insurance companies authorized to do business in Iowa. The 26 purchase of contracts authorized by this subsection shall be 27 limited to executors or the successors to their powers when 28 specifically authorized by will, and to guardians and trustees, 29 in an amount not to exceed twenty-five percent of the value 30 of the ward’s protected person’s property in possession of 31 the fiduciary. Such contract may be issued on the life or 32 lives of a ward protected person or wards protected persons or 33 beneficiary or beneficiaries of a trust fund created by will or 34 trust agreement, or upon the life or lives of persons in whose 35 -33- LSB 1394SV (2) 90 cm/ns 33/ 40

S.F. 295 life or lives such ward protected person or beneficiary has an 1 insurable interest. The proceeds or avails of such contract 2 shall be the sole property of the person or persons whose funds 3 are invested therein. 4 Sec. 92. Section 638.2, subsections 5, 15, and 27, Code 5 2023, are amended to read as follows: 6 5. “Conservator” means the same as defined in section 633.3 . 7 “Conservator” includes a person appointed to have the custody 8 and control of the property of a ward protected person in a 9 limited conservatorship unless otherwise provided by order of 10 the court. 11 15. “Guardian” means the same as defined in section 633.3 . 12 “Guardian” includes a person appointed to have the custody and 13 care of the person of the ward protected person in a limited 14 guardianship unless otherwise provided by order of the court. 15 27. “Ward” “Protected person” means an individual for whom a 16 conservator or guardian has been appointed. “Ward” “Protected 17 person” includes an individual for whom an application for the 18 appointment of a conservator or guardian is pending and for 19 which a court order authorizing access under this chapter has 20 been granted. 21 Sec. 93. Section 638.3, subsection 1, paragraph c, Code 22 2023, is amended to read as follows: 23 c. A conservator or guardian acting for a ward protected 24 person on or after July 1, 2017. 25 Sec. 94. Section 638.14, Code 2023, is amended to read as 26 follows: 27 638.14 Disclosure of digital assets to conservator or 28 guardian of a ward protected person . 29 1. After an opportunity for a hearing to all interested 30 parties, the court may grant a conservator or guardian access 31 to the digital assets of a ward protected person . 32 2. Unless otherwise ordered by the court or directed by the 33 user, a custodian shall disclose to a conservator or guardian 34 the catalogue of electronic communications sent or received 35 -34- LSB 1394SV (2) 90 cm/ns 34/ 40

S.F. 295 by a ward protected person and any digital assets, other than 1 the content of electronic communications, in which the ward 2 protected person has a right or interest if the conservator or 3 guardian gives the custodian all of the following: 4 a. A written request for disclosure in physical or 5 electronic form. 6 b. A file-stamped copy of the court order that gives the 7 conservator or guardian authority over the digital assets of 8 the ward protected person . 9 c. If requested by the custodian, any of the following: 10 (1) A number, username, address, or other unique subscriber 11 or account identifier assigned by the custodian to identify the 12 account of the ward protected person . 13 (2) Evidence linking the account to the ward protected 14 person . 15 3. If the conservatorship or guardianship is not limited, 16 the conservator or guardian may request a custodian of the 17 digital assets of the ward protected person to suspend or 18 terminate an account of the ward protected person for good 19 cause. A request made under this section must be accompanied 20 by a file-stamped copy of the court order establishing the 21 conservatorship or guardianship. 22 Sec. 95. Section 638.15, subsections 3, 4, and 5, Code 2023, 23 are amended to read as follows: 24 3. A fiduciary with authority over the property of a 25 decedent, ward protected person , principal, or settlor has 26 the right to access any digital asset in which the decedent, 27 ward protected person , principal, or settlor had a right or 28 interest and that is not held by a custodian or subject to a 29 terms-of-service agreement. 30 4. A fiduciary acting within the scope of the fiduciary’s 31 duties is an authorized user of the property of the decedent, 32 ward protected person , principal, or settlor for the purpose 33 of applicable computer-fraud and unauthorized-computer-access 34 laws, including section 716.6B . 35 -35- LSB 1394SV (2) 90 cm/ns 35/ 40

S.F. 295 5. A fiduciary with authority over the tangible, personal 1 property of a decedent, ward protected person , principal, or 2 settlor possesses all of the following authority: 3 a. Has the right to access the property and any digital 4 asset stored in the property. 5 b. Is an authorized user for the purpose of computer-fraud 6 and unauthorized-computer-access laws, including section 7 716.6B . 8 Sec. 96. Section 692A.113, subsection 2, paragraph b, Code 9 2023, is amended to read as follows: 10 b. Who is the parent or legal guardian of a minor shall not 11 be in violation of subsection 1 solely during the period of 12 time reasonably necessary to transport the offender’s own minor 13 child or ward protected person to or from a place specified in 14 subsection 1 . 15 Sec. 97. Section 692A.114, subsection 3, paragraph f, Code 16 2023, is amended to read as follows: 17 f. The sex offender is a ward protected person in a 18 guardianship, and a district judge or associate probate judge 19 grants an exemption from the residency restriction. 20 Sec. 98. Section 726.5, subsection 1, Code 2023, is amended 21 to read as follows: 22 1. a. A person, who being able to do so, fails or refuses 23 to provide support for the person’s child or ward protected 24 person under the age of eighteen years for a period longer than 25 one year or in an amount greater than five thousand dollars 26 commits the offense of nonsupport. 27 b. A person shall not be held to have violated this section 28 if the person fails to support any child or ward protected 29 person under the age of eighteen who has left the home of the 30 parent or other person having legal custody of the child or 31 ward protected person without the consent of that parent or 32 person having legal custody of the child or ward protected 33 person . 34 EXPLANATION 35 -36- LSB 1394SV (2) 90 cm/ns 36/ 40

S.F. 295 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill concerns the creation, administration, 3 and termination of adult and minor guardianships and 4 conservatorships. 5 The bill provides that the juvenile court has exclusive 6 jurisdiction in proceedings for appointment of a guardian for a 7 minor and concerning the guardianship of a minor. 8 The bill requires that, in addition to stating why a limited 9 guardianship is appropriate, a petition for guardianship of 10 a minor must also state whether a conservatorship for the 11 minor is already in place. If a minor’s known parents have 12 not consented to the appointment of a guardian, the notice of 13 the filing of a guardianship petition shall inform the known 14 parents that they are entitled to representation if they meet 15 the conditions in Code section 232D.304. 16 The bill allows the court to appoint a court visitor for 17 the minor in a minor guardianship proceeding. A court visitor 18 is discharged from further duties upon an appointment of a 19 guardian or conservator unless the court determines that 20 continued service of the court visitor would be in the best 21 interest of the minor or protected person, in which case the 22 court may limit the direct duties as necessary. 23 The bill allows a hearing on a petition for guardianship of a 24 minor to be recorded if a court reporter is not used. 25 The bill provides that the court may order an extension of a 26 temporary guardianship or conservatorship for 30 days for good 27 cause shown. A guardian or conservator shall file either prior 28 to or along with the application for an extension of time a 29 report with the court providing all the actions conducted on 30 behalf of the minor or protected person and all future actions 31 the guardian or conservator plans to conduct on behalf of the 32 minor or protected person during the extension period. 33 The bill requires a temporary guardian to submit any report 34 required by the court. The bill provides that a court order 35 -37- LSB 1394SV (2) 90 cm/ns 37/ 40

S.F. 295 appointing a guardian for a minor shall state powers granted 1 to the guardian until the guardian files the initial care plan 2 and the plan is approved by the court. The bill strikes a 3 reference to “without prior court approval” in a Code section 4 listing powers a court may grant to a guardian. The bill also 5 directs that the initial care plan must include the guardian’s 6 plan for applying for and receiving funds and benefits for the 7 support of the minor. 8 The bill requires the clerk of court to, twice per year, 9 notify any fiduciary or fiduciary’s attorney of delinquent 10 plans or reports in any pending minor guardianship. If the 11 plan or report is not filed within 60 days, the clerk must 12 notify the presiding judge and the fiduciary will be subject to 13 removal. The bill also requires the clerk of court to, twice 14 per year, report to the presiding judge all delinquent plans 15 and reports. 16 The bill alters certain requirements of a petition for 17 appointment of guardian or conservator for an adult, and 18 provides that the hearing on a petition may be recorded if a 19 court reporter is not used. 20 The bill allows a district court conducting checks of the 21 dependent adult abuse registry for all proposed guardians 22 and conservators to have access to dependent adult abuse 23 information other than unfounded dependent adult abuse 24 information. Under the bill, a court need not perform a 25 background check on a proposed guardian or conservator if the 26 person provides a background check from the past 12 months to 27 the court. 28 The bill provides that an order appointing a conservator 29 shall state the basis for the conservatorship, and upon 30 appointment, the conservator may exercise the powers relating 31 to all fiduciaries, unless expressly modified by the court, 32 without prior court approval. These powers include but are 33 not limited to the following: making written requests for the 34 purpose of obtaining the property of the protected person, 35 -38- LSB 1394SV (2) 90 cm/ns 38/ 40

S.F. 295 or obtaining information about the property of the protected 1 person; designating and employing an attorney to assist in 2 the administration of the estate of the protected person; 3 holding investments in the name of a bank or trustee company; 4 and requiring a bank to show ownership of investments held in 5 nominee name and keep them separate from the assets of the 6 bank. The bill further provides that until the conservator 7 files and the court approves an initial financial management 8 plan, the conservator may exercise the following powers without 9 court approval except as otherwise ordered by the court: 10 collect, receive, and receipt for any principal or income of 11 the protected person; receive property of the protected person 12 from any source; and continue to hold any investment or other 13 property of the protected person. The bill also provides that 14 upon the conservator filing the appropriate oath, the clerk of 15 court shall issue letters of appointment attached to the order 16 granting or limiting powers of the conservator. 17 The bill changes the information required to be contained 18 in a guardian’s written verified reports including the initial 19 care plan and annual reports, and information required to be 20 included in reports by conservators including the initial 21 financial management plan, an inventory of the protected 22 person’s assets and debts, the annual report, and the final 23 report. 24 The bill replaces reporting requirements for guardians, and 25 requires that guardians must obtain court approval prior to any 26 significant deviation from the initial care plan filed with the 27 court. 28 The bill modifies reporting requirements for conservators. 29 The conservator must give notice of filing a plan, and if no 30 objection is made within 20 days, the conservator must submit 31 a proposed order to the court approving the initial plan. If 32 there are objections to the plan, the court must set the matter 33 for hearing. 34 The bill makes conforming changes throughout the Code by 35 -39- LSB 1394SV (2) 90 cm/ns 39/ 40