H.F. 610 Section 1. Section 48A.2, subsection 4, Code 2019, is 1 amended to read as follows: 2 4. “Person who is incompetent to vote” means a person with an 3 intellectual disability who has been found to lack the mental 4 capacity to vote in a proceeding held pursuant to section 5 633.556 633.552 . 6 Sec. 2. Section 229.27, subsection 3, unnumbered paragraph 7 1, Code 2019, is amended to read as follows: 8 A hearing limited to the question of the person’s competence 9 and conducted in substantially the manner prescribed in 10 sections 633.552 , to 633.556 , 633.558, and 633.560 shall be 11 held when: 12 Sec. 3. Section 235B.18, subsections 4 and 5, Code 2019, are 13 amended to read as follows: 14 4. If, at the hearing, the judge finds by clear and 15 convincing evidence that the dependent adult is in need of 16 protective services and lacks the capacity to consent to the 17 receipt of protective services, the judge may issue an order 18 authorizing the provision of protective services. The order 19 may include the designation of a person to be responsible for 20 performing or obtaining protective services on behalf of the 21 dependent adult or otherwise consenting to the receipt of 22 protective services on behalf of the dependent adult. Within 23 sixty days of the appointment of such a person the court 24 shall conduct a review to determine if a petition shall be 25 initiated in accordance with section 633.552 633.556 for good 26 cause shown. The court may extend the sixty-day period for 27 an additional sixty days, at the end of which the court shall 28 conduct a review to determine if a petition shall be initiated 29 in accordance with section 633.552 633.556 . A dependent adult 30 shall not be committed to a mental health facility under this 31 section . 32 5. A determination by the court that a dependent adult lacks 33 the capacity to consent to the receipt of protective services 34 under this chapter shall not affect incompetency proceedings 35 -1- HF 610 (5) 88 asf/jh/md 1/ 35

H.F. 610 under sections 633.552 , through 633.556 , 633.558, and 633.560 1 or any other proceedings, and incompetency proceedings under 2 sections 633.552 , through 633.556 , 633.558, and 633.560 shall 3 not have a conclusive effect on the question of capacity to 4 consent to the receipt of protective services under this 5 chapter . A person previously adjudicated as incompetent under 6 the relevant provisions of chapter 633 is entitled to the care, 7 protection, and services under this chapter . 8 Sec. 4. Section 235B.19, subsection 5, paragraph a, 9 unnumbered paragraph 1, Code 2019, is amended to read as 10 follows: 11 Notwithstanding sections 633.552 633.556 and 633.573 12 633.569 , upon a finding that there is probable cause to believe 13 that the dependent adult abuse presents an immediate danger to 14 the health or safety of the dependent adult or is producing 15 irreparable harm to the physical or financial resources or 16 property of the dependent adult, and that the dependent adult 17 lacks capacity to consent to the receipt of services, the court 18 may order the appointment of a temporary guardian or temporary 19 conservator without notice to the dependent adult or the 20 dependent adult’s attorney if all of the following conditions 21 are met: 22 Sec. 5. Section 622.10, subsection 3, paragraph f, Code 23 2019, is amended to read as follows: 24 f. The provisions of this subsection do not apply to actions 25 or claims brought pursuant to chapter 85 , 85A , or 85B , or to 26 court orders issued pursuant to section 633.552 . 27 Sec. 6. Section 633.3, Code 2019, is amended by adding the 28 following new subsections: 29 NEW SUBSECTION . 1A. Assistance animal —— means an animal 30 that qualifies as a reasonable accommodation under the federal 31 Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, or 32 section 504 of the federal Rehabilitation Act of 1973, 29 33 U.S.C. §794, as amended. 34 NEW SUBSECTION . 1B. Assistive animal —— means the same as 35 -2- HF 610 (5) 88 asf/jh/md 2/ 35

H.F. 610 defined in section 216C.11, subsection 1. 1 NEW SUBSECTION . 27A. Limited guardianship —— means a 2 guardianship that grants the guardian less than all powers 3 available under this chapter or otherwise restricts the powers 4 of the guardian. 5 NEW SUBSECTION . 32A. Protected person —— means a person 6 subject to guardianship or a person subject to conservatorship, 7 or both. 8 NEW SUBSECTION . 32B. Respondent —— means a person who 9 is alleged to be a person in need of a guardianship or 10 conservatorship, or both. 11 NEW SUBSECTION . 32C. Service animal —— means a dog or 12 miniature horse as set forth in the implementing regulations 13 of Title II and Title III of the federal Americans with 14 Disabilities Act of 1990, 42 U.S.C. §12101 et seq. 15 Sec. 7. Section 633.174, Code 2019, is amended to read as 16 follows: 17 633.174 Guardians and conservators —— bond. 18 1. When the guardian appointed for a person is not the 19 conservator of the property of that person, no bond shall be 20 required of the guardian, unless the court for good cause finds 21 it proper to require one. If no bond is initially required, 22 the court may, nevertheless, for good cause, at any subsequent 23 time, require that a bond be given. 24 2. Every conservator shall execute and file with the clerk 25 a bond with sufficient surety or sureties except as provided 26 in section 633.175. 27 Sec. 8. Section 633.175, Code 2019, is amended to read as 28 follows: 29 633.175 Waiver of bond by court. 30 1. The court, for good cause shown, may exempt any fiduciary 31 from giving bond, if the court finds that the interests of 32 creditors and distributees will not thereby be prejudiced. 33 2. However, the court, except as provided in section 34 633.172, subsection 2 , shall not exempt a conservator , other 35 -3- HF 610 (5) 88 asf/jh/md 3/ 35

H.F. 610 than a financial institution with Iowa trust powers, from 1 giving bond in a conservatorship with total assets of more than 2 twenty-five thousand dollars, excluding real property, unless 3 it is a voluntary conservatorship in which the petitioner is 4 eighteen years of age or older and has waived bond in the 5 petition unless the court finds that there is an alternative to 6 a bond that will provide sufficient protection to the assets 7 of the protected person . The conservator shall submit a plan 8 for any proposed alternative to a bond for review and approval 9 by the court. 10 Sec. 9. Section 633.551, Code 2019, is amended to read as 11 follows: 12 633.551 Guardianships and conservatorships —— general General 13 provisions. 14 1. The determination of incompetency of the proposed ward or 15 ward and the determination of the need for the appointment of a 16 guardian or conservator or of the modification or termination 17 of a guardianship or conservatorship adult respondent to a 18 petition for guardianship or conservatorship or an adult 19 subject to guardianship or conservatorship shall be supported 20 by clear and convincing evidence. 21 2. The burden of persuasion is on the petitioner in an 22 initial proceeding to appoint a guardian or conservator. 23 In a proceeding to modify or terminate a guardianship or 24 conservatorship, if the guardian or conservator is the 25 petitioner, the burden of persuasion remains with the guardian 26 or conservator. In a proceeding to terminate a guardianship 27 or conservatorship, if the ward protected person is the 28 petitioner, the ward protected person shall make a prima facie 29 showing of some decision-making capacity. Once a prima facie 30 showing is made, the burden of persuasion is on the guardian or 31 conservator to show by clear and convincing evidence that the 32 ward protected person is incompetent. 33 3. In determining whether a guardianship or conservatorship 34 is to be established, modified, or terminated, the 35 -4- HF 610 (5) 88 asf/jh/md 4/ 35

H.F. 610 district court shall consider if a limited guardianship or 1 conservatorship pursuant to section 633.635 or 633.637 is 2 appropriate. In making the determination, the court shall 3 make findings of fact to support the powers conferred on the 4 guardian or conservator. 5 4. In proceedings to establish, modify, or terminate a 6 guardianship or conservatorship, in determining if the proposed 7 ward or ward respondent or protected person is incompetent as 8 defined in section 633.3 , the court shall consider credible 9 evidence from any source to the effect of third-party 10 assistance in meeting the needs of the proposed ward or ward 11 as to whether there are other less restrictive alternatives, 12 including third-party assistance, that would meet the needs of 13 the respondent or the protected person . However, neither party 14 to the action shall have the burden to produce such evidence 15 relating to other less restrictive alternatives, including but 16 not limited to third-party assistance. 17 5. Except as otherwise provided in sections 633.672 18 and 633.673 , in proceedings to establish a guardianship or 19 conservatorship, the costs, including attorney fees , court 20 visitor fees, and expert witness fees, shall be assessed 21 against the ward or the ward’s respondent or the respondent’s 22 estate unless the proceeding is dismissed either voluntarily 23 or involuntarily, in which case fees and costs may be assessed 24 against the petitioner for good cause shown. 25 6. Except as otherwise provided in this subchapter, the 26 rules of civil procedure shall govern proceedings to establish, 27 modify, or terminate a guardianship or conservatorship. 28 Sec. 10. NEW SECTION . 633.552 Basis for appointment of 29 guardian for an adult. 30 1. On petition and after notice and hearing, the court may 31 appoint a guardian for an adult if the court finds by clear and 32 convincing evidence that all of the following are true: 33 a. The decision-making capacity of the respondent is 34 so impaired that the respondent is unable to care for the 35 -5- HF 610 (5) 88 asf/jh/md 5/ 35

H.F. 610 respondent’s safety, or to provide for necessities such as 1 food, shelter, clothing, or medical care without which physical 2 injury or illness may occur. 3 b. The appointment of a guardian is in the best interest of 4 the respondent. 5 2. Section 633.551 applies to the appointment of a guardian 6 under subsection 1. 7 3. If the court appoints a guardian based upon the mental 8 incapacity of the protected person because the protected 9 person has an intellectual disability, as defined in section 10 4.1, the court shall make a separate determination as to the 11 protected person’s competency to vote. The court shall find 12 a protected person incompetent to vote only upon determining 13 that the person lacks sufficient mental capacity to comprehend 14 and exercise the right to vote. 15 Sec. 11. NEW SECTION . 633.553 Basis for appointment of 16 conservator for an adult. 17 1. On petition and after notice and hearing, the court may 18 appoint a conservator for an adult if the court finds by clear 19 and convincing evidence that both of the following are true: 20 a. The decision-making capacity of the respondent is so 21 impaired that the respondent is unable to make, communicate, 22 or carry out important decisions concerning the respondent’s 23 financial affairs. 24 b. The appointment of a conservator is in the best interest 25 of the respondent. 26 2. Section 633.551 applies to the appointment of a 27 conservatorship under subsection 1. 28 Sec. 12. NEW SECTION . 633.554 Basis for appointment of 29 conservator for a minor. 30 On petition and after notice, the court may appoint a 31 conservator for a minor if the court finds by a preponderance 32 of the evidence that the appointment is in the best interest of 33 the minor and any of the following is true: 34 1. The minor has funds or other property requiring 35 -6- HF 610 (5) 88 asf/jh/md 6/ 35

H.F. 610 management or protection that otherwise cannot be provided. 1 2. The minor has or may have financial affairs that may be 2 put at unreasonable risk or hindered because of the minor’s 3 age. 4 3. A conservator is needed to obtain or provide funds or 5 other property. 6 Sec. 13. NEW SECTION . 633.556 Petition for appointment of 7 guardian or conservator for an adult. 8 1. A formal judicial proceeding to determine whether 9 to appoint a guardian or conservator for an adult shall be 10 initiated by the filing of a verified petition by a person with 11 an interest in the welfare of the adult, which may include the 12 adult who is the subject of the petition. 13 2. The petition shall contain a concise statement of the 14 factual basis for the petition. 15 3. The petition shall contain a concise statement of why 16 there is no less restrictive alternative to the appointment of 17 a guardian or a conservator. 18 4. The petition shall list the name and address of the 19 petitioner and the petitioner’s relationship to the respondent. 20 5. The petition shall list the name and address, to the 21 extent known, of the following: 22 a. The name and address of the proposed guardian and the 23 reason the proposed guardian should be selected. 24 b. Any spouse of the respondent. 25 c. Any adult children of the respondent. 26 d. Any parents of the respondent. 27 e. Any adult, who has had the primary care of the respondent 28 or with whom the respondent has lived for at least six months 29 prior to the filing of the petition, or any institution or 30 facility where the respondent has resided for at least six 31 months prior to the filing of the petition. 32 f. Any legal representative or representative payee of the 33 respondent. 34 g. Any person designated as an attorney in fact in a durable 35 -7- HF 610 (5) 88 asf/jh/md 7/ 35

H.F. 610 power of attorney for health care which is valid under chapter 1 144B, or any person designated as an agent in a durable power 2 of attorney which is valid under chapter 633B. 3 6. Any additional persons who may have an interest in 4 the proceeding may be listed in an affidavit attached to the 5 petition. 6 7. If the petition requests the appointment of a 7 conservator, the petition shall state the estimated present 8 value of the real estate owned or to be owned by the 9 respondent, the estimated value of the personal property owned 10 or to be owned by the respondent, and the estimated gross 11 annual income of the respondent. 12 8. The petition shall provide a brief description of 13 the respondent’s alleged functional limitations that make 14 the respondent unable to communicate or carry out important 15 decisions concerning the respondent’s financial affairs. 16 9. Any additional information relevant to the proceeding 17 may be included in an affidavit attached to the petition. 18 Sec. 14. NEW SECTION . 633.557 Petition for appointment of a 19 conservator for a minor. 20 1. A formal judicial proceeding to determine whether to 21 appoint a conservator for a minor shall be initiated by the 22 filing of a verified petition by a person with an interest in 23 the welfare of the minor. 24 2. The petition shall contain a concise statement of the 25 factual basis for the petition. 26 3. The petition shall state the following to the extent 27 known: 28 a. The name, age, and address of the minor. 29 b. The name and address of the petitioner and the 30 petitioner’s relationship to the minor. 31 c. The name and address of the proposed conservator and the 32 reason the proposed conservator should be selected. 33 d. If the petitioner, or the proposed conservator, is not 34 the parent or parents having legal custody of the minor, the 35 -8- HF 610 (5) 88 asf/jh/md 8/ 35

H.F. 610 name and address, to the extent known, of the following: 1 (1) The parent or parents having legal custody of the minor. 2 (2) Any adult who has had the primary care of the minor or 3 with whom the minor has lived for at least six months prior 4 to the filing of the petition, or any institution or facility 5 where the minor has resided for at least six months prior to 6 the filing of the petition. 7 Sec. 15. NEW SECTION . 633.558 Notice to adult respondent. 8 1. The filing of a petition filed pursuant to section 9 633.556 shall be served upon the adult respondent in the 10 manner of an original notice in accordance with the Iowa rules 11 of civil procedure governing such notice. Notice to the 12 attorney representing the respondent, if any, is notice to the 13 respondent. 14 2. Notice shall be served upon other known persons listed in 15 the petition in the manner prescribed by the court, which may 16 be notice by mail in accordance with the Iowa rules of civil 17 procedure. Failure of such persons to receive actual notice 18 does not constitute a jurisdictional defect precluding the 19 appointment of a guardian or conservator by the court. 20 3. Notice of the filing of a petition given to persons under 21 subsections 2 and 3 shall include a statement that such persons 22 may register to receive notice of the hearing on the petition 23 and other proceedings and the manner of such registration. 24 Sec. 16. NEW SECTION . 633.559 Notice to minor respondent. 25 1. The filing of a petition pursuant to section 633.557 26 shall be served upon a minor respondent in the manner of an 27 original notice in accordance with the Iowa rules of civil 28 procedure governing such notice. Notice to the attorney 29 representing the minor, if any, is notice to the minor. 30 2. Notice shall also be served upon the known parent or 31 parents listed in the petition in accordance with the Iowa 32 rules of civil procedure. 33 3. Notice shall be served upon other known persons listed in 34 the petition in the manner prescribed by the court, which may 35 -9- HF 610 (5) 88 asf/jh/md 9/ 35

H.F. 610 be notice by mail in accordance with the Iowa rules of civil 1 procedure. Failure of such persons to receive actual notice 2 does not constitute a jurisdictional defect precluding the 3 appointment of a conservator by the court. 4 4. Notice of the filing of a petition given to persons 5 under subsections 2 and 3 shall include a statement that the 6 recipient of the notice may register to receive notice of the 7 hearing on the petition and other proceedings and the manner of 8 such registration. 9 Sec. 17. NEW SECTION . 633.560 Hearing. 10 1. The court shall fix the time and place of hearing on a 11 petition and shall prescribe a time not less than twenty days 12 after the date the notice is served unless the court finds 13 there is good cause shown to shorten the time period to less 14 than twenty days pursuant to section 633.40. The court shall 15 also prescribe the manner of service of the notice of such 16 hearing pursuant to section 633.40. 17 2. The respondent shall be entitled to attend the hearing on 18 the petition and all other proceedings. The court shall make 19 reasonable accommodations to enable the respondent to attend 20 the hearing and all other proceedings. The court may waive the 21 respondent’s attendance for good cause shown. The court shall 22 make a record of the reason for a respondent’s nonattendance. 23 3. The court shall require the proposed guardian or 24 conservator to attend the hearing on the petition but the court 25 may excuse the proposed guardian’s attendance for good cause 26 shown. 27 4. The court shall require the court visitor as described in 28 section 633.562, if any, to attend the hearing but the court 29 may excuse the court visitor’s attendance for good cause shown. 30 5. Any person with an interest in the welfare of the 31 respondent may submit a written application to the court 32 requesting permission to participate in the hearing on the 33 petition and other proceedings. The court may grant the 34 request if the court finds that the person’s participation is 35 -10- HF 610 (5) 88 asf/jh/md 10/ 35

H.F. 610 in the best interest of the respondent. The court may impose 1 appropriate conditions on the person’s participation. 2 6. A complete record of the hearing shall be made. 3 Sec. 18. Section 633.560, Code 2019, is amended to read as 4 follows: 5 633.560 Appointment of guardian for an adult on a standby 6 basis. 7 A petition for the appointment of a guardian for an adult 8 on a standby basis may be filed by any person under the same 9 procedure and requirements as provided in sections 633.591 10 to 633.597 , for appointment of standby conservator, insofar 11 as applicable. In all proceedings to appoint a guardian, 12 the court shall consider whether a limited guardianship, as 13 authorized in section 633.635 , is appropriate. 14 Sec. 19. NEW SECTION . 633.560A Mediation. 15 1. The district court may, on its own motion or on the 16 motion of any party, order the parties to participate in 17 mediation in any guardianship or conservatorship action. 18 Mediation performed under this section shall comply with the 19 provisions of chapter 679C. The court shall, upon application 20 of a party, grant a waiver from any court-ordered mediation 21 under this section if the party demonstrates that a history 22 of domestic abuse exists similarly as considered in section 23 598.41, subsection 3, paragraph “j” . The court may, upon 24 application of a party, grant a waiver from any court-ordered 25 mediation if the action involves elder abuse pursuant to 26 chapter 235F. 27 2. Mediation shall comply with all of the following 28 standards: 29 a. The parties will participate in good faith. 30 Participation in mediation shall include attendance at 31 a mediation session with the mediator and the parties to 32 the action, listening to the mediator’s explanation of the 33 mediation process, presentation of one party’s view of the 34 case, and listening to the response of the other party. 35 -11- HF 610 (5) 88 asf/jh/md 11/ 35

H.F. 610 Participation in mediation does not require that the parties 1 reach an agreement. 2 b. Unless the parties agree upon a mediator, the court shall 3 appoint a mediator. Any mediator appointed by the court shall 4 meet the qualifications established in this section. 5 c. Parties to the mediation shall have the right to 6 representation by an attorney at all times. 7 d. The parties to the mediation shall present any agreement 8 reached through the mediation to their attorneys, if any. 9 A mediation agreement reached by the parties shall not be 10 enforceable until approved by the court. 11 e. The costs of mediation shall be borne by the parties, as 12 agreed to by the parties, or as ordered by the court, and may 13 be taxed as court costs. 14 3. A mediator appointed by the court acting pursuant to this 15 section shall have the following qualifications: 16 a. Completed a one-hour internet seminar or live session 17 regarding the external resources available to a respondent with 18 particular focus on resources for older persons. 19 b. A minimum of twenty-five hours of general mediation 20 training. 21 c. Either of the following: 22 (1) Fifteen hours of probate-specific or elder-specific 23 mediation training. 24 (2) Ten continuous years of practice in Iowa as a licensed 25 attorney with the greater of four hundred hours or forty 26 percent of the total hours of law practice per year being 27 devoted to matters concerning wills, trusts, and estate work 28 for each of the ten continuous years. 29 Sec. 20. Section 633.561, Code 2019, is amended to read as 30 follows: 31 633.561 Representation Appointment and role of attorney for 32 respondent . 33 1. In a proceeding for the appointment of a guardian or 34 conservator for an adult or a conservator for a minor : 35 -12- HF 610 (5) 88 asf/jh/md 12/ 35

H.F. 610 a. If the proposed ward respondent is an adult and is 1 not the petitioner, the proposed ward respondent is entitled 2 to representation by an attorney . Upon the filing of the 3 petition, the court shall appoint an attorney to represent the 4 proposed ward respondent , set a hearing on the petition, and 5 provide for notice of the appointment of counsel and the date 6 for hearing. 7 b. If the proposed ward respondent is either a minor or 8 an adult under a standby petition, the court shall determine 9 whether, under the circumstances of the case, the proposed ward 10 respondent is entitled to representation. The determination 11 regarding representation may be made with or without notice to 12 the proposed ward respondent , as the court deems necessary. 13 If the court determines that the proposed ward respondent 14 is entitled to representation, the court shall appoint an 15 attorney to represent the proposed ward respondent . After 16 making the determination regarding representation, the court 17 shall set a hearing on the petition, and provide for notice on 18 the determination regarding representation and the date for 19 hearing. 20 c. The court may take action under paragraph “a” or “b” 21 prior to the service of the original notice upon the proposed 22 ward respondent . 23 d. The court may reconsider the determination regarding 24 representation upon application by any interested person. 25 e. The court may discharge the attorney appointed by the 26 court if it appears upon the application of the proposed 27 ward respondent or any other interested person that the ward 28 respondent has privately retained an attorney who has filed an 29 appearance on behalf of the proposed ward respondent . 30 2. The court shall ensure that all proposed wards 31 respondents entitled to representation have been provided 32 with notice of the right to representation and right to be 33 personally present at all proceedings and shall make findings 34 of fact in any order of disposition setting out the manner in 35 -13- HF 610 (5) 88 asf/jh/md 13/ 35

H.F. 610 which notification was provided. 1 3. If the proposed ward respondent is entitled to 2 representation and is indigent or incapable of requesting 3 counsel, the court shall appoint an attorney to represent the 4 proposed ward respondent . The cost of court appointed counsel 5 for indigents shall be assessed against the county in which the 6 proceedings are pending. For the purposes of this subsection , 7 the court shall find a person is indigent if the person’s 8 income and resources do not exceed one hundred fifty percent of 9 the federal poverty level or the person would be unable to pay 10 such costs without prejudicing the person’s financial ability 11 to provide economic necessities for the person or the person’s 12 dependents. 13 4. An attorney appointed pursuant to this section shall: 14 a. Ensure that the proposed ward respondent has been 15 properly advised of the nature and purpose of the proceeding. 16 b. Advocate for the wishes of the respondent to the extent 17 those wishes are reasonably ascertainable. If the respondent’s 18 wishes are not reasonably ascertainable, the attorney shall 19 advocate for the least restrictive alternative consistent with 20 the respondent’s best interests. 21 b. c. Ensure that the proposed ward respondent has been 22 properly advised of the ward’s respondent’s rights in a 23 guardianship proceeding. 24 c. d. Personally interview the proposed ward respondent . 25 d. e. File a written report stating whether there is a 26 return on file showing that proper service on the proposed 27 ward respondent has been made and also stating that specific 28 compliance with paragraphs “a” through “c” “d” has been made 29 or stating the inability to comply by reason of the proposed 30 ward’s respondent’s condition. 31 e. Represent the proposed ward. 32 f. Ensure that the guardianship procedures conform to the 33 statutory and due process requirements of Iowa law. 34 5. In the event that an order of appointment is entered, 35 -14- HF 610 (5) 88 asf/jh/md 14/ 35

H.F. 610 the attorney appointed pursuant to this section , to the extent 1 possible, shall: 2 a. Inform the proposed ward respondent of the effects of the 3 order entered for appointment of guardian. 4 b. Advise the ward respondent of the ward’s respondent’s 5 rights to petition for modification or termination of the 6 guardianship. 7 c. Advise the ward respondent of the rights retained by the 8 ward respondent . 9 6. If the court determines that it would be in the ward’s 10 respondent’s best interest to have legal representation 11 with respect to any proceedings in a guardianship or 12 conservatorship , the court may appoint an attorney to represent 13 the ward respondent at the expense of the ward respondent or 14 the ward’s respondent’s estate, or if the ward respondent 15 is indigent the cost of the court appointed attorney shall 16 be assessed against the county in which the proceedings are 17 pending. 18 7. If the court determines upon application that it 19 is appropriate or necessary, the court may order that the 20 attorney appointed pursuant to this section be given copies 21 of and access to the proposed ward’s respondent’s health 22 information by describing with reasonable specificity the 23 health information to be disclosed or accessed, for the purpose 24 of fulfilling the attorney’s responsibilities pursuant to this 25 section . 26 Sec. 21. NEW SECTION . 633.562 Appointment and role of court 27 visitor. 28 1. If the court determines that the appointment of a court 29 visitor would be in the best interest of the respondent, the 30 court shall appoint a court visitor at the expense of the 31 respondent or the respondent’s estate, or, if the respondent 32 is indigent, the cost of the court visitor shall be assessed 33 against the county in which the proceedings are pending. The 34 court may appoint any qualified person as a court visitor in a 35 -15- HF 610 (5) 88 asf/jh/md 15/ 35

H.F. 610 guardianship or conservatorship proceeding. 1 2. The same person shall not serve both as the attorney 2 representing the respondent and as court visitor. 3 3. Unless otherwise enlarged or circumscribed by the court, 4 the duties of a court visitor with respect to the respondent 5 shall include all of the following: 6 a. Conducting an initial in-person interview with the 7 respondent. 8 b. Explaining to the respondent the substance of the 9 petition, the purpose and effect of the guardianship or 10 conservatorship proceeding, the rights of the respondent at 11 the hearing, and the general powers and duties of a guardian 12 or conservator. 13 c. Determining the views of the respondent regarding the 14 proposed guardian or conservator, the proposed guardian’s or 15 conservator’s powers and duties, and the scope and duration of 16 the proposed guardianship or conservatorship. 17 4. In addition, if directed by the court, the court visitor 18 shall: 19 a. Interview the petitioner, and if the petitioner is not 20 the proposed guardian or conservator, interview the proposed 21 guardian or conservator. 22 b. Visit, to the extent feasible, the residence where it 23 is reasonably believed that the respondent will live if the 24 appointment of a guardian or conservator is made. 25 c. Make any other investigation the court directs including 26 but not limited to interviewing any persons providing medical, 27 mental health, educational, social, and other services to the 28 respondent. 29 5. The court visitor shall submit a written report to the 30 court that shall contain all of the following: 31 a. A recommendation regarding the appropriateness of a 32 limited guardianship for the respondent, including whether less 33 restrictive alternatives are available. 34 b. A statement of the qualifications of the guardian 35 -16- HF 610 (5) 88 asf/jh/md 16/ 35

H.F. 610 together with a statement of whether the respondent has 1 expressed agreement with the appointment of the proposed 2 guardian or conservator. 3 c. Any other matters the court visitor deems relevant to 4 the petition for guardianship or conservatorship and the best 5 interests of the respondent. 6 d. Any other matters the court directs. 7 6. The report of the court visitor shall be made part of the 8 court record unless otherwise ordered by the court. 9 Sec. 22. NEW SECTION . 633.563 Court-ordered professional 10 evaluation. 11 1. At or before a hearing on petition for the appointment of 12 a guardian or conservator or the modification or termination 13 of a guardianship or conservatorship, the court shall order a 14 professional evaluation of the respondent unless one of the 15 following criteria are met: 16 a. The court finds it has sufficient information to 17 determine whether the criteria for a guardianship or 18 conservatorship are met. 19 b. The petitioner or respondent has filed a professional 20 evaluation. 21 2. Notwithstanding subsection 1, if the respondent has 22 filed a professional evaluation and the court determines an 23 additional professional evaluation will assist the court in 24 understanding the decision-making capacity and functional 25 abilities and limitations of the respondent, the court may 26 order a professional evaluation of the respondent. 27 3. If the court orders an evaluation, the evaluation shall 28 be conducted by a licensed physician, psychologist, social 29 worker, or other individual who is qualified to conduct an 30 evaluation appropriate for the respondent being assessed. 31 4. Unless otherwise directed by the court, the report must 32 contain all of the following: 33 a. A description of the nature, type, and extent of the 34 respondent’s cognitive and functional abilities and limitation. 35 -17- HF 610 (5) 88 asf/jh/md 17/ 35

H.F. 610 b. An evaluation of the respondent’s mental and physical 1 condition and, if appropriate, educational potential, adaptive 2 behavior, and social skills. 3 c. A prognosis for improvement and recommendation for the 4 appropriate treatment, support, or habilitation plan. 5 d. The evaluator’s qualifications to evaluate the 6 respondent’s cognitive and functional abilities limitations and 7 lack of conflict of interest. 8 e. The date of examination on which the report is based. 9 5. The cost of the professional evaluation shall be paid by 10 the respondent unless the respondent is indigent as defined in 11 section 633.561, subsection 3, in which case the costs shall 12 be paid by the county in which the proceedings are pending or 13 unless the court orders otherwise. 14 6. At the request of the respondent, the court shall seal 15 the record of the results of the evaluation ordered by the 16 court subject to the exceptions in subsection 7. 17 7. The results of the evaluation ordered by the court shall 18 be made available to the court and the following: 19 a. The respondent and the respondent’s attorney. 20 b. The petitioner and the petitioner’s attorney. 21 c. A court visitor as described in section 633.562. 22 d. Other persons for good cause shown for such purposes as 23 the court may order. 24 Sec. 23. NEW SECTION . 633.564 Background check of proposed 25 guardian or conservator. 26 1. The court shall request criminal record checks and 27 checks of the child abuse, dependent adult abuse, and sexual 28 offender registries in this state for all proposed guardians 29 and conservators, other than financial institutions with Iowa 30 trust powers. 31 2. The court shall review the results of background checks 32 in determining the suitability of a proposed guardian or 33 conservator for appointment. 34 3. The judicial branch, in conjunction with the department 35 -18- HF 610 (5) 88 asf/jh/md 18/ 35

H.F. 610 of public safety, the department of human services, and the 1 state chief information officer, shall establish procedures for 2 electronic access to the single contact repository established 3 pursuant to section 135C.33 necessary to conduct background 4 checks requested under subsection 1. 5 4. The person who files a petition for appointment of 6 guardian or conservator shall be responsible for paying the fee 7 for the background check conducted through the single contact 8 repository established pursuant to section 135C.33. 9 Sec. 24. NEW SECTION . 633.565 Qualifications and selection 10 of guardian or conservator for an adult. 11 The court shall appoint as guardian or conservator any 12 qualified and suitable person who is willing to serve as 13 guardian or conservator. 14 Sec. 25. NEW SECTION . 633.567 Appointment of guardian or 15 conservator for minor approaching majority on a standby basis. 16 Any adult with an interest in the welfare of a minor who 17 is at least seventeen years and six months of age may file 18 a verified petition pursuant to section 633.552 or section 19 633.553 to initiate a proceeding to appoint a guardian or 20 conservator for the minor to take effect on the minor’s 21 eighteenth birthday. 22 Sec. 26. NEW SECTION . 633.569 Emergency appointment of 23 temporary guardian or conservator. 24 1. A person authorized to file a petition under section 25 633.552, 633.553, or 633.554 may file an application for the 26 emergency appointment of a temporary guardian or conservator. 27 2. Such application shall state all of the following: 28 a. The name and address of the respondent. 29 b. The name and address of the proposed guardian or 30 conservator and the reason the proposed guardian or conservator 31 should be selected. 32 c. The reason the emergency appointment of a temporary 33 guardian is sought. 34 3. The court may enter an ex parte order appointing a 35 -19- HF 610 (5) 88 asf/jh/md 19/ 35

H.F. 610 temporary guardian on an emergency basis under this section if 1 the court finds that all of the following conditions are met: 2 a. There is not sufficient time to file a petition and hold 3 a hearing pursuant to section 633.552, 633.553, or 633.554. 4 b. The appointment of a temporary guardian or conservator 5 is necessary to avoid immediate or irreparable harm to the 6 respondent. 7 c. There is reason to believe that the basis for appointment 8 of guardian or conservator exists under section 633.552, 9 633.553, or 633.554. 10 4. Notice of a petition for the appointment of a temporary 11 guardian or conservator and the issuance of an ex parte 12 order appointing a temporary guardian or conservator shall be 13 provided to the respondent, the respondent’s attorney, and any 14 other person the court determines should receive notice. 15 5. Upon the issuance of an ex parte order, if the respondent 16 is an adult, the respondent may file a request for a hearing. 17 If the respondent is a minor, the respondent, a parent having 18 legal custody of the respondent, or any other person having 19 legal custody of the respondent may file a written request for 20 a hearing. Such hearing shall be held no later than seven days 21 after the filing of a written request. 22 6. The powers of the temporary guardian or conservator 23 set forth in the order of the court shall be limited to those 24 necessary to address the emergency situation requiring the 25 appointment of a temporary guardian or conservator. 26 7. The temporary guardianship or conservatorship shall 27 terminate within thirty days after the order is issued. 28 Sec. 27. NEW SECTION . 633.570 Notification of guardianship 29 and conservatorship powers. 30 1. In a proceeding for the appointment of a guardian, the 31 respondent shall be given written notice which advises the 32 respondent of the powers that a guardian may exercise without 33 court approval pursuant to section 633.635, subsection 2, and 34 the powers that the guardian may exercise only with court 35 -20- HF 610 (5) 88 asf/jh/md 20/ 35

H.F. 610 approval pursuant to section 633.635, subsection 3. 1 2. In a proceeding for the appointment of a conservator, 2 the respondent shall be given written notice which advises 3 the respondent of the powers that a conservator may exercise 4 without court approval pursuant to section 633.646 and the 5 powers that the guardian may exercise only with court approval 6 pursuant to section 633.647. 7 3. If the respondent is an adult, the notice shall 8 clearly advise the respondent of the respondent’s rights to 9 representation by an attorney and the potential deprivation of 10 the respondent’s civil rights. The notice shall also state 11 that the respondent may be represented by the respondent’s own 12 attorney rather than an attorney appointed by the court. If 13 the respondent is an adult, notice shall be served upon the 14 respondent with the notice of the filing of the petition as 15 provided in section 633.558. If the respondent is a minor, 16 notice shall be served upon the respondent with the notice of 17 the filing of a petition as provided in section 633.559. 18 Sec. 28. Section 633.574, Code 2019, is amended to read as 19 follows: 20 633.574 Procedure in lieu of conservatorship for a minor . 21 If a conservator has not been appointed for a minor , money 22 due a minor or other property to which a minor is entitled, 23 not exceeding in the aggregate twenty-five thousand dollars 24 in value, shall be paid or delivered to a custodian under any 25 uniform transfers to minors Act. The written receipt of the 26 custodian constitutes an acquittance of the person making the 27 payment of money or delivery of property. 28 Sec. 29. Section 633.591, Code 2019, is amended to read as 29 follows: 30 633.591 Voluntary petition for appointment of conservator —— 31 standby basis. 32 Any person of full age and sound mind may execute a verified 33 petition for the voluntary appointment of a conservator of the 34 person’s property upon the express condition that such petition 35 -21- HF 610 (5) 88 asf/jh/md 21/ 35

H.F. 610 shall be acted upon by the court only upon the occurrence of an 1 event specified or the existence of a described condition of 2 the mental or physical health of the petitioner, the occurrence 3 of which event, or the existence of which condition, shall 4 be established in the manner directed in the petition. The 5 petition, if executed on or after January 1, 1991, shall advise 6 the proposed ward respondent of a conservator’s powers as 7 provided in section 633.576 633.570 . 8 Sec. 30. Section 633.634, Code 2019, is amended to read as 9 follows: 10 633.634 Combination of voluntary and standby petitions with 11 involuntary petition for hearing . 12 If prior to the time of hearing on a petition for the 13 appointment of a guardian or a conservator, a petition is filed 14 under the provisions of section 633.556, 633.557 , 633.572 or 15 633.591 , the court shall combine the hearing on such petitions 16 and determine who shall be appointed guardian or conservator, 17 and such petition shall be triable to the court. 18 Sec. 31. Section 633.635, Code 2019, is amended to read as 19 follows: 20 633.635 Responsibilities of guardian. 21 1. The order by the court appointing a guardian shall state 22 the basis for the guardianship pursuant to section 633.552. 23 1. 2. Based upon the evidence produced at the hearing, the 24 court may grant a guardian the following powers and duties with 25 respect to a protected person which may be exercised without 26 prior court approval: 27 a. Providing for the care, comfort and maintenance of the 28 ward, including the appropriate training and education to 29 maximize the ward’s potential Making decisions regarding the 30 care, maintenance, health, education, welfare, and safety of 31 the protected person except as otherwise limited by the court . 32 b. Establishing the protected person’s permanent residence 33 except as limited by subsection 3. 34 b. c. Taking reasonable care of the ward’s protected 35 -22- HF 610 (5) 88 asf/jh/md 22/ 35

H.F. 610 person’s clothing, furniture, vehicle , and other personal 1 effects , and companion animals, assistive animals, assistance 2 animals, and service animals . 3 c. d. Assisting the ward protected person in developing 4 maximum self-reliance and independence. 5 d. Ensuring the ward receives necessary emergency medical 6 services. 7 e. Ensuring the ward receives professional care, counseling, 8 treatment, or services as needed. If necessitated by the 9 physical or mental disability of the ward, the provision of 10 professional care, counseling, treatment, or services limited 11 to the provision of routine physical and dental examinations 12 and procedures under anesthesia is included, if the anesthesia 13 is provided within the scope of the health care practitioner’s 14 scope of practice Consenting to and arranging for medical, 15 dental, and other health care treatment and services for the 16 protected person except as otherwise limited by subsection 3 . 17 f. Consenting to and arranging for other needed professional 18 services for the protected person. 19 g. Consenting to and arranging for appropriate training, 20 educational, and vocational services for the protected person. 21 h. Maintaining contact, including through regular visitation 22 with the protected person if the protected person does not 23 reside with the guardian. 24 f. i. Placing Making reasonable efforts to identify and 25 facilitate supportive relationships and interactions of the 26 protected person with family members and significant other 27 persons. The guardian may place reasonable time, place, 28 or manner restrictions on communication, visitation, or 29 interaction between the adult ward protected person and another 30 person except as otherwise limited by subsection 3 . 31 g. j. Any other powers or duties the court may specify. 32 2. 3. A guardian may be granted the following powers which 33 may only be exercised upon court approval: 34 a. Changing, at the guardian’s request, the ward’s permanent 35 -23- HF 610 (5) 88 asf/jh/md 23/ 35

H.F. 610 residence if the proposed new residence is more restrictive of 1 the ward’s liberties than the current residence the protected 2 person’s permanent residence to a nursing home, other secure 3 facility, or secure portion of a facility that restricts the 4 protected person’s ability to leave or have visitors, unless 5 advance notice of the change was included in the guardian’s 6 initial care plan that was approved by the court . In an 7 emergency situation, the court shall review the request for 8 approval on an expedited basis. 9 b. Arranging the provision of major elective surgery or any 10 other nonemergency major medical procedure. For the purposes 11 of this paragraph, “major elective surgery” and “nonemergency 12 major medical procedure” do not include the provision to the 13 ward of professional care, counseling, treatment, or services 14 limited to the provision of routine physical and dental 15 examinations and procedures under anesthesia, if the use of 16 anesthesia is necessitated by the physical or mental disability 17 of the ward, and if the anesthesia is provided within the scope 18 of the health care practitioner’s scope of practice. 19 Consenting to the following: 20 (1) The withholding or withdrawal of life-sustaining 21 procedures from the protected person in accordance with chapter 22 144A or 144D. 23 (2) The performance of an abortion on the protected person. 24 (3) The sterilization of the protected person. 25 c. Consent to the withholding or withdrawal of 26 life-sustaining procedures in accordance with chapter 144A . 27 d. c. Denying all communication, visitation, or interaction 28 by an adult ward a protected person with a person with whom 29 the adult ward protected person has expressed a desire to 30 communicate, visit, or interact or with a person who seeks to 31 communicate, visit, or interact with the adult ward protected 32 person . A court shall approve the denial of all communication, 33 visitation, or interaction with another person only upon a 34 showing of good cause by the guardian. 35 -24- HF 610 (5) 88 asf/jh/md 24/ 35

H.F. 610 3. For the purposes of this section : 1 a. “Routine dental examinations and procedures” includes 2 preventive services, diagnostic services, restorative services, 3 periodontal services, endodontic services, oral surgery, 4 prosthetic services, and orthodontic procedures. 5 b. “Routine physical examinations and procedures” includes 6 examinations and procedures performed for the purpose of 7 general treatment or diagnosis or for the purpose of treatment 8 or diagnosis related to a specific illness, symptom, complaint, 9 or injury. 10 4. The court may take into account all available information 11 concerning the capabilities of the ward respondent or 12 the protected person and any additional evaluation deemed 13 necessary, including the availability of third-party assistance 14 to meet the needs of the ward or proposed ward respondent or 15 the protected person , and may direct that the guardian have 16 only a specially limited responsibility for the ward protected 17 person . In that event, the court shall state those areas of 18 responsibility which shall be supervised by the guardian and 19 all others shall be retained by the ward protected person . The 20 court may make a finding that the ward protected person lacks 21 the capacity to contract a valid marriage. 22 5. From time to time, upon a proper showing, the court may 23 modify the respective responsibilities of the guardian and 24 the ward protected person , after notice to the ward protected 25 person and an opportunity to be heard. Any modification that 26 would be more restrictive or burdensome for the ward protected 27 person shall be based on clear and convincing evidence that the 28 ward protected person continues to fall within the categories 29 of meet the basis for the appointment of a guardian pursuant 30 to section 633.552 , subsection 2 , paragraph “a” or “b” , and 31 that the facts justify a modification of the guardianship. 32 Section 633.551 applies to the modification proceedings. Any 33 modification that would be less restrictive for the ward 34 protected person shall be based upon proof in accordance with 35 -25- HF 610 (5) 88 asf/jh/md 25/ 35

H.F. 610 the requirements of section 633.675 . 1 Sec. 32. Section 633.641, Code 2019, is amended by striking 2 the section and inserting in lieu thereof the following: 3 633.641 Duties of conservator. 4 1. A conservator is a fiduciary and has duties of prudence 5 and loyalty to the protected person. 6 2. In investing and selecting specific property for 7 distribution, a conservator shall consider any estate plan or 8 other donative, nominative, or appointive instrument of the 9 protected person, known to the conservator. 10 3. If a protected person has executed a valid power of 11 attorney under chapter 633B, the conservator shall act in 12 accordance with the applicable provisions of chapter 633B. 13 4. The conservator shall report to the department of human 14 services the protected person’s assets and income, if the 15 protected person is receiving medical assistance under chapter 16 249A. Such reports shall be made upon establishment of a 17 conservatorship for an individual applying for or receiving 18 medical assistance, upon application for benefits on behalf 19 of the protected person, upon annual or semiannual review of 20 continued medical assistance eligibility, when any significant 21 change in the protected person’s assets or income occurs, or 22 as otherwise requested by the department of human services. 23 Written reports shall be provided to the department of human 24 services office for the county in which the protected person 25 resides or the office in which the protected person’s medical 26 assistance is administered. 27 Sec. 33. NEW SECTION . 633.642 Responsibilities of 28 conservator. 29 Except as otherwise ordered by the court, a conservator 30 must give notice to persons entitled to notice and receive 31 specific prior authorization by the court before the 32 conservator may take any other action on behalf of the 33 protected person. These other powers requiring court approval 34 include the authority of the conservator to: 35 -26- HF 610 (5) 88 asf/jh/md 26/ 35

H.F. 610 1. Invest the protected person’s assets consistent with 1 section 633.123. 2 2. Make gifts on the protected person’s behalf from 3 conservatorship assets to persons or religious, educational, 4 scientific, charitable, or other nonprofit organizations to 5 whom or to which such gifts were regularly made prior to the 6 conservator’s appointment; or on a showing that such gifts 7 would benefit the protected person from the perspective of 8 gift, estate, inheritance, or other taxes. No gift shall be 9 allowed which would foreseeably prevent adequate provision for 10 the protected person’s best interest. 11 3. Make payments consistent with the conservator’s plan 12 described above directly to the protected person or to others 13 for the protected person’s education and training needs. 14 4. Use the protected person’s income or assets to provide 15 for any person that the protected person is legally obligated 16 to support. 17 5. Compromise, adjust, arbitrate, or settle any claim by or 18 against the protected person or the conservator. 19 6. Make elections for a protected person who is the 20 surviving spouse as provided in sections 633.236 and 633.240. 21 7. Exercise the right to disclaim on behalf of the protected 22 person as provided in section 633E.5. 23 8. Sell, mortgage, exchange, pledge, or lease the protected 24 person’s real and personal property consistent with subchapter 25 VII, part 6 of this chapter regarding sale of property from a 26 decedent’s estate. 27 Sec. 34. Section 633.648, Code 2019, is amended to read as 28 follows: 29 633.648 Appointment of attorney in compromise of personal 30 injury settlements. 31 Notwithstanding the provisions of section 633.647 633.642 32 prior to authorizing a compromise of a claim for damages on 33 account of personal injuries to the ward, the court may order 34 an independent investigation by an attorney other than by the 35 -27- HF 610 (5) 88 asf/jh/md 27/ 35

H.F. 610 attorney for the conservator. The cost of such investigation, 1 including a reasonable attorney fee, shall be taxed as part of 2 the cost of the conservatorship. 3 Sec. 35. Section 633.669, Code 2019, is amended to read as 4 follows: 5 633.669 Reporting requirements —— assistance by clerk. 6 1. A guardian appointed by the court under this chapter 7 shall file with the court the following written verified 8 reports which shall not be waived by the court : 9 a. An initial report within sixty days of the guardian’s 10 appointment care plan filed within sixty days of appointment . 11 The information in the initial care plan shall include but not 12 be limited to the following information: 13 (1) The current residence of the protected person and the 14 guardian’s plan for the protected person’s living arrangements. 15 (2) The guardian’s plan for payment of the protected 16 person’s living expenses and other expenses. 17 (3) The protected person’s health status and health care 18 needs, and the guardian’s plan for meeting the protected 19 person’s needs for medical, dental, and other health care 20 needs. 21 (4) If applicable, the guardian’s plan for other 22 professional services needed by the protected person. 23 (5) If applicable, the guardian’s plan for meeting the 24 educational, training, and vocational needs of the protected 25 person. 26 (6) If applicable, the guardian’s plan for facilitating the 27 participation of the protected person in social activities. 28 (7) The guardian’s plan for facilitating contacts between 29 the protected person and the protected person’s family members 30 and other significant persons. 31 (8) The guardian’s plan for contact with, and activities on 32 behalf of, the protected person. 33 b. An annual report, filed within ninety sixty days of 34 the close of the reporting period, unless the court otherwise 35 -28- HF 610 (5) 88 asf/jh/md 28/ 35

H.F. 610 orders on good cause shown. The information in the annual 1 report shall include but not be limited to the following 2 information: 3 (1) The current living arrangements of the protected 4 person. 5 (2) The sources of payment for the protected person’s living 6 expenses and other expenses. 7 (3) A description, if applicable, of the following: 8 (a) The protected person’s physical and mental health 9 status and the medical, dental, and other professional services 10 provided to the protected person. 11 (b) If applicable, the protected person’s employment status 12 and the educational, training, and vocational services provided 13 to the protected person. 14 (c) The contact of the protected person with family members 15 and other significant persons. 16 (d) The nature and extent of the guardian’s visits with, and 17 activities on behalf of, the protected person. 18 (4) The guardian’s recommendation as to the need for 19 continuation of the guardianship. 20 (5) The ability of the guardian to continue as guardian. 21 (6) The need of the guardian for assistance in providing or 22 arranging for the provision of the care and protection of the 23 protected person. 24 c. 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 2. Reports required by this section must include: 28 a. The current mental and physical condition of the ward. 29 b. The present living arrangement of the ward, including a 30 description of each residence where the ward has resided during 31 the reporting period. 32 c. A summary of the medical, educational, vocational and 33 technical, and other professional services provided for the 34 ward. 35 -29- HF 610 (5) 88 asf/jh/md 29/ 35

H.F. 610 d. A description of the guardian’s visits with and 1 activities on behalf of the ward. 2 e. A recommendation as to the need for continued 3 guardianship. 4 f. Other information requested by the court or useful in the 5 opinion of the guardian. 6 3. 2. The court shall develop a simplified uniform 7 reporting form for use in filing the required reports. 8 4. 3. The clerk of the court shall notify the guardian 9 in writing of the reporting requirements and shall provide 10 information and assistance to the guardian in filing the 11 reports. 12 5. 4. Reports of guardians shall be reviewed and approved 13 by a district court judge or referee. 14 6. Reports required by this section shall, if requested, be 15 served on the attorney appointed to represent the ward in the 16 guardianship proceeding and all other parties appearing in the 17 proceeding. 18 Sec. 36. Section 633.670, Code 2019, is amended by striking 19 the section and inserting in lieu thereof the following: 20 633.670 Reports by conservators. 21 1. A conservator shall file an initial plan for protecting, 22 managing, investing, expending, and distributing the assets 23 of the conservatorship estate within ninety days after 24 appointment. The plan must be based on the needs of the 25 protected person and take into account the best interest of the 26 protected person as well as the protected person’s preference, 27 values, and prior directions to the extent known to, or 28 reasonably ascertainable by, the conservator. 29 a. The initial plan shall include all of the following: 30 (1) A budget containing projected expenses and resources, 31 including an estimate of the total amount of fees the 32 conservator anticipates charging per year and a statement or 33 list of the amount the conservator proposes to charge for each 34 service the conservator anticipates providing to the protected 35 -30- HF 610 (5) 88 asf/jh/md 30/ 35

H.F. 610 person. 1 (2) A statement as to how the conservator will involve 2 the protected person in decisions about management of the 3 conservatorship estate. 4 (3) If ordered by the court, any step the conservator plans 5 to take to develop or restore the ability of the protected 6 person to manage the conservatorship estate. 7 (4) An estimate of the duration of the conservatorship. 8 b. Within two days after filing the initial plan, the 9 conservator shall give notice of the filing of the initial plan 10 with a copy of the plan to the protected person, the protected 11 person’s attorney and court advisor, if any, and others as 12 directed by the court. The notice must state that any person 13 entitled to a copy of the plan must file any objections to the 14 plan not later than fifteen days after it is filed. 15 c. At least twenty days after the plan has been filed, the 16 court shall review and determine whether the plan should be 17 approved or revised, after considering objections filed and 18 whether the plan is consistent with the conservator’s powers 19 and duties. 20 d. After approval by the court, the conservator shall 21 provide a copy of the approved plan and order approving the 22 plan to the protected person, the protected person’s attorney 23 and court advisor, if any, and others as directed by the court. 24 e. The conservator shall file an amended plan when there has 25 been a significant change in circumstances or the conservator 26 seeks to deviate significantly from the plan. Before the 27 amended plan is implemented, the provisions for court approval 28 of the plan shall be followed as provided in paragraphs “b” , 29 “c” , and “d” . 30 2. A conservator shall file an inventory of the protected 31 person’s assets within ninety days after appointment which 32 includes an oath or affirmation that the inventory is believed 33 to be complete and accurate as far as information permits. 34 Copies of the inventory shall be provided to the protected 35 -31- HF 610 (5) 88 asf/jh/md 31/ 35

H.F. 610 person, the protected person’s attorney and court advisor, if 1 any, and others as directed by the court. When the conservator 2 receives additional property of the protected person, or 3 becomes aware of its existence, a description of the property 4 shall be included in the conservator’s next annual report. 5 3. A conservator shall file a written and verified report 6 for the period since the end of the preceding report period. 7 The court shall not waive these reports. 8 a. These reports shall include all of the following: 9 (1) Balance of funds on hand at the beginning and end of the 10 period. 11 (2) Disbursements made. 12 (3) Changes in the conservator’s plan. 13 (4) List of assets as of the end of the period. 14 (5) Bond amount and surety’s name. 15 (6) Residence and physical location of the protected 16 person. 17 (7) General physical and mental condition of the protected 18 person. 19 (8) Other information reflecting the condition of the 20 conservatorship estate. 21 b. These reports shall be filed: 22 (1) On an annual basis within sixty days of the end of the 23 reporting period unless the court orders an extension for good 24 cause shown in accordance with the rules of probate procedure. 25 (2) Within thirty days following removal of the 26 conservator. 27 (3) Upon the conservator’s filing of a resignation and 28 before the resignation is accepted by the court. 29 (4) Within sixty days following the termination of the 30 conservatorship. 31 (5) At other times as ordered by the court. 32 c. Reports required by this section shall be served on the 33 protected person’s attorney and court advisor, if any, and the 34 veterans administration if the protected person is receiving 35 -32- HF 610 (5) 88 asf/jh/md 32/ 35

H.F. 610 veterans benefits. 1 Sec. 37. Section 633.675, Code 2019, is amended to read as 2 follows: 3 633.675 Cause for termination. 4 1. A guardianship shall cease, and a conservatorship 5 shall terminate , upon the occurrence of any of the following 6 circumstances: 7 a. If the ward protected person is a minor, when the ward 8 protected person reaches full age. 9 b. The death of the ward protected person . 10 c. A determination by the court that the ward is no longer 11 a person whose decision-making capacity is so impaired as 12 to bring the ward within the categories of section 633.552, 13 subsection 2 , paragraph “a” , or section 633.566, subsection 2 , 14 paragraph “a” . In a proceeding to terminate a guardianship or 15 a conservatorship, the ward shall make a prima facie showing 16 that the ward has some decision-making capacity. Once the 17 ward has made that showing, the guardian or conservator has 18 the burden to prove by clear and convincing evidence that the 19 ward’s decision-making capacity is so impaired, as provided 20 in section 633.552, subsection 2 , paragraph “a” , or section 21 633.566, subsection 2 , paragraph “a” , that the guardianship or 22 conservatorship should not be terminated. 23 d. c. Upon determination by the court that the 24 conservatorship or guardianship is no longer necessary for any 25 other reason. 26 2. Notwithstanding subsection 1 , paragraphs “a” through 27 “d” , if the court appointed a guardian for a minor child for 28 whom the court’s jurisdiction over the child’s guardianship 29 was established pursuant to transfer of the child’s case in 30 accordance with section 232.101A or 232.104 , the court shall 31 not enter an order terminating the guardianship before the 32 child becomes age eighteen unless the court finds by clear 33 and convincing evidence that the best interests of the child 34 warrant a return of custody to the child’s parent. The 35 -33- HF 610 (5) 88 asf/jh/md 33/ 35

H.F. 610 court shall terminate a guardianship if it finds by clear and 1 convincing evidence that the basis for appointing a guardian 2 pursuant to section 633.552 is not satisfied. 3 3. The court shall terminate a conservatorship if the court 4 finds by clear and convincing evidence that the basis for 5 appointing a conservator pursuant to section 633.553 or 633.554 6 is not satisfied. 7 4. The standard of proof and the burden of proof to be 8 applied in a termination proceeding shall be the same as set 9 forth in section 633.551, subsection 2. 10 Sec. 38. Section 633.717, subsection 8, Code 2019, is 11 amended to read as follows: 12 8. The denial by a court of this state of a petition to 13 accept a guardianship or conservatorship transferred from 14 another state does not affect the ability of the guardian or 15 conservator to seek appointment as guardian or conservator in 16 this state under section 633.551 , 633.552 , or 633.566 633.556 , 17 if the court has jurisdiction to make an appointment other than 18 by reason of the provisional order of transfer. 19 Sec. 39. Section 633B.102, subsections 2 and 6, Code 2019, 20 are amended to read as follows: 21 2. “Conservator” or “conservatorship” means a conservator 22 appointed or conservatorship established pursuant to sections 23 633.570 and 633.572 section 633.553, 633.554, or 633.567 or a 24 similar provision of the laws of another state. 25 6. “Guardian” or “guardianship” means a guardian appointed 26 or a guardianship established pursuant to sections 633.556 27 633.552 and 633.560 633.568 or a similar provision of the laws 28 of another state. 29 Sec. 40. Section 633B.108, subsection 1, Code 2019, is 30 amended to read as follows: 31 1. Under a power of attorney, a principal may nominate 32 a conservator of the principal’s estate or guardian of 33 the principal’s person for consideration by the court if 34 proceedings for the principal’s estate or person are begun 35 -34- HF 610 (5) 88 asf/jh/md 34/ 35

H.F. 610 after the principal executes the power of attorney. Except 1 for good cause shown or disqualification, the court shall make 2 its appointment in accordance with the principal’s most recent 3 nomination. This section does not prohibit an individual 4 from executing a petition for the voluntary appointment of a 5 guardian or conservator on a standby basis pursuant to sections 6 633.560 633.568 and 633.591 . 7 Sec. 41. REPEAL. Sections 633.552, 633.554, 633.555, 8 633.556, 633.557, 633.558, 633.559, 633.562, 633.566, 633.568, 9 633.569, 633.570, 633.572, 633.573, 633.575, 633.576, 633.646, 10 633.647, 633.649, 633.650, and 633.652, Code 2019, are 11 repealed. 12 Sec. 42. CODE EDITOR’S DIRECTIVE. 13 The Code editor is directed to make the following transfers: 14 1. Section 633.560 to 633.568. 15 2. Section 633.571 to 633.566. 16 3. Section 633.574 to 633.555. 17 -35- HF 610 (5) 88 asf/jh/md 35/ 35