SF 2321 (LSB 6348SV (2) 88)

SENATE FILE 2321

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3149)

(As Amended and Passed by the Senate 2020-03-11)

A BILL FOR

An Act relating to the opening, administration, and termination of adult and minor guardianships and conservatorships, and including effective date and retroactive applicability provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
ADULT AND MINOR GUARDIANSHIPS AND CONSERVATORSHIPS
    Section 1.  Section 232D.103, Code 2020, is amended to read as follows:
   232D.103  Jurisdiction.
   The juvenile court has exclusive jurisdiction in a guardianship proceeding concerning a minor who is alleged to be in need of a guardianship, and guardianships of minors.
    Sec. 2.  Section 232D.105, subsection 1, Code 2020, is amended to read as follows:
   1.  A petition alleging that a minor is in need of a conservatorship is not subject to this chapter. Such proceedings shall be governed by chapter 633 and may be initiated pursuant to section 633.627 633.557.
    Sec. 3.  Section 232D.301, subsection 2, paragraph d, subparagraph (3), Code 2020, is amended to read as follows:
   (3)  Any adult who has had the primary care of the minor or with whom the minor has lived for at least six months prior to immediately preceding the filing of the petition.
    Sec. 4.  Section 232D.302, subsection 2, Code 2020, is amended to read as follows:
   2.  Notice shall be served upon the minor’s known parents listed in the petition in accordance with the rules of civil procedure. If a parent has not filed an affidavit consenting to the appointment of a guardian, the notice shall inform the minor’s known parents listed in the petition that the parents are entitled to representation if the parents meet the conditions of section 232D.304.
    Sec. 5.  Section 232D.305, subsection 1, Code 2020, is amended to read as follows:
   1.  The court may appoint any qualified person as a court visitor for the minor who has demonstrated sufficient knowledge to appropriately perform the duties that the court directs. 
    Sec. 6.  Section 232D.305, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  A court visitor shall be discharged from all further duties upon the appointment of a guardian or conservator, unless further ordered by the court. The court may order a court visitor to continue to serve if the court determines continued service would be in the best interest of the protected person. If the court continues the service of the court visitor, the court may limit the direct duties of the court visitor as the court deems necessary. The court visitor shall thereafter continue to serve until discharged by the court. 
    Sec. 7.  Section 232D.306, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A hearing on the petition may be recorded if a court reporter is not used.
    Sec. 8.  Section 232.309, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  The court may order an extension of the temporary guardianship for thirty days for good cause shown, including a showing that a hearing on a petition for a guardianship under section 232D.301 cannot be scheduled within thirty days after the order for a temporary guardianship is ordered. Prior to or contemporaneously with the filing for an application for the extension of time, the guardian shall file a report with the court setting forth all of the following:
   a.  All actions conducted by the guardian on behalf of the protected person from the time of the initial appointment of the guardian up to the time of the report.
   b.  All actions that the guardian plans to conduct on behalf of the protected person during the thirty day extension period. 
    Sec. 9.  Section 232D.401, subsection 1, Code 2020, is amended to read as follows:
   1.  The order by the court appointing a guardian for a minor shall state the basis for the order and the date on which the first reporting period for the guardianship shall end.
    Sec. 10.  Section 232D.401, subsection 3, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   An order by the court appointing a guardian for a minor shall state the powers granted to the guardian. Except as otherwise limited by court order, the court may grant the guardian the following powers, which may be exercised without prior court approval:
    Sec. 11.  Section 232D.501, subsection 1, paragraph a, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (2A)  The guardian’s plan, if any, for applying for and receiving funds and benefits payable for the support of the minor.
    Sec. 12.  Section 232D.501, subsection 1, paragraph b, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (11)  The results of the guardian’s efforts to apply for funds or benefits on behalf of the protected person.
    Sec. 13.  Section 232D.501, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The failure of a guardian to timely make a report required under subsection 1 shall be reported by the clerk of the court to the court for an order to enforce compliance with the filing requirements.
    Sec. 14.  NEW SECTION.  232D.506  Confidentiality.
   1.  Official juvenile court records in guardianship proceedings shall be confidential and are not public records.
   2.  Confidential records may be inspected and their contents shall be disclosed to the following without a court order, provided that a person or entity who inspects or receives a confidential record under this subsection shall not disclose the confidential record or its contents unless required by law:
   a.  The judge and professional court staff.
   b.  The protected person and the protected person’s attorney.
   c.  The protected person’s parent, guardian, custodian, court visitor, and any attorney representing such person.
   3.  Confidential records may be inspected and their contents shall be disclosed to the following with a court order, provided that a person or entity who inspects or receives a confidential record under this subsection shall not disclose the confidential record or its contents unless required by law:
   a.  A person or entity conducting bona fide research on minor guardianships.
   b.  A person or entity for good cause shown.
    Sec. 15.  Section 633.556, subsections 4, 5, and 8, Code 2020, are amended to read as follows:
   4.  The petition shall list the name and address of the petitioner and the petitioner’s relationship to the respondent. following:
   a.  The name and address of the respondent.
   b.  The petitioner and the petitioner’s relationship to the respondent.
   c.  The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.
   5.  The petition shall list the name and address, to the extent known, of the following:
   a.  The name and address of the proposed guardian and the reason the proposed guardian should be selected.
   b.  a.  Any spouse of the respondent.
   c.  b.  Any adult children of the respondent.
   d.  c.  Any parents of the respondent.
   e.  d.  Any adult, who has had the primary care of the respondent or with whom the respondent has lived for at least six months prior to immediately preceding the filing of the petition, or any institution or facility where the respondent has resided for at least six months prior to the filing of the petition.
   f.  e.  Any legal representative or representative payee of the respondent.
   g.  f.  Any person designated as an attorney in fact in a durable power of attorney for health care which is valid under chapter 144B, or any person designated as an agent in a durable power of attorney which is valid under chapter 633B.
   8.  The petition shall provide a brief description of the respondent’s alleged functional limitations that make the respondent unable to communicate or carry out important decisions concerning the respondent’s financial affairs.
    Sec. 16.  Section 633.558, subsection 3, Code 2020, is amended to read as follows:
   3.  Notice of the filing of a petition given to persons under subsections subsection 2 and 3 shall include a statement that such persons may register to receive notice of the hearing on the petition and other proceedings and the manner of such registration.
    Sec. 17.  Section 633.560, subsection 3, Code 2020, is amended to read as follows:
   3.  The court shall require the proposed guardian or conservator to attend the hearing on the petition but the court may excuse the proposed guardian’s or conservator’s attendance for good cause shown.
    Sec. 18.  Section 633.561, subsection 4, paragraphs c and f, Code 2020, are amended to read as follows:
   c.  Ensure that the respondent has been properly advised of the respondent’s rights in a guardianship or conservatorship proceeding.
   f.  Ensure that the guardianship or conservatorship procedures conform to the statutory and due process requirements of Iowa law.
    Sec. 19.  Section 633.561, subsection 5, paragraphs a and b, Code 2020, are amended to read as follows:
   a.  Inform the respondent of the effects of the order entered for appointment of guardian or conservator.
   b.  Advise the respondent of the respondent’s rights to petition for modification or termination of the guardianship or conservatorship.
    Sec. 20.  Section 633.561, subsection 6, Code 2020, is amended to read as follows:
   6.  If the court determines that it would be in the respondent’s best interest to have legal representation with respect to any further proceedings in a guardianship or conservatorship, the court may appoint an attorney to represent the respondent at the expense of the respondent or the respondent’s estate, or if the respondent is indigent the cost of the court appointed attorney shall be assessed against the county in which the proceedings are pending.
    Sec. 21.  Section 633.562, subsection 1, Code 2020, is amended to read as follows:
   1.  If the court determines that the appointment of a court visitor would be in the best interest of the respondent, the court shall appoint a court visitor at the expense of the respondent or the respondent’s estate, or, if the respondent is indigent, the cost of the court visitor shall be assessed against the county in which the proceedings are pending. The court may appoint any qualified person as a court visitor, who has demonstrated sufficient knowledge to appropriately perform the duties that the court directs, in a guardianship or conservatorship proceeding.
    Sec. 22.  Section 633.562, subsection 5, paragraphs a and b, Code 2020, are amended to read as follows:
   a.  A recommendation regarding the appropriateness of a limited guardianship or conservatorship for the respondent, including whether less restrictive alternatives are available.
   b.  A statement of the qualifications of the guardian or conservator together with a statement of whether the respondent has expressed agreement with the appointment of the proposed guardian or conservator.
    Sec. 23.  Section 633.562, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  A court visitor shall be discharged from all further duties upon appointment of a guardian or conservator, unless further ordered by the court. The court may order a court visitor to continue to serve if the court determines continued service would be in the best interest of the protected person. If the court continues the service of the court visitor, the court may limit the direct duties of the court visitor as the court deems necessary. The court visitor shall thereafter continue to serve until discharged by the court. 
    Sec. 24.  Section 633.563, subsection 7, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   The results of the evaluation ordered by the court shall be made available to filed with the court and made available to the following:
    Sec. 25.  Section 633.564, subsection 1, Code 2020, is amended to read as follows:
   1.  The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sexual offender registries in this state for all proposed guardians and conservators, other than financial institutions with Iowa trust powers, unless a proposed guardian or conservator has undergone the required background checks under this section within the twelve months prior to the filing of a petition.
    Sec. 26.  Section 633.569, subsections 1, 2, and 3, Code 2020, are amended to read as follows:
   1.  A person authorized to file a petition under section 633.552, 633.553, or 633.554 633.556 or 633.557 may file an application for the emergency appointment of a temporary guardian or conservator.
   2.  Such application shall state all of the following:
   a.  The name and address of the respondent.
   b.  The name and address of the petitioner.
   b.  c.  The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.
   d.  The names and addresses, to the extent known, of any other person who must be named in the petition for appointment of a guardian or conservator under section 633.556 or 633.557.
   c.  e.  The reason the emergency appointment of a temporary guardian or conservator is sought.
   3.  The court may enter an ex parte order appointing a temporary guardian or conservator on an emergency basis under this section if the court finds that all of the following conditions are met:
   a.  There is not sufficient time to file a petition and hold a hearing pursuant to section 633.552, 633.553, or 633.554 

633.556 or 633.557.
   b.  The appointment of a temporary guardian or conservator is necessary to avoid immediate or irreparable harm to the respondent.
   c.  There is reason to believe that the basis for appointment of guardian or conservator exists under section 633.552, 633.553, or 633.554 633.556 or 633.557.
    Sec. 27.  Section 633.569, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  8.  The court may order an extension of the temporary guardianship or conservatorship for thirty days for good cause shown, including a showing that a hearing on a petition for a guardianship or conservatorship under section 633.556 or 633.557 cannot be scheduled within thirty days after the order for a temporary guardianship or conservatorship is ordered. Prior to or contemporaneously with the filing for an application for the extension of time, the guardian or conservator shall file a report with the court setting forth all of the following:
   a.  All actions conducted by the guardian or conservator on behalf of the protected person from the time of the initial appointment of the guardian up to the time of the report.
   b.  All actions that the guardian or conservator plans to conduct on behalf of the protected person during the thirty-day extension period. 
   NEW SUBSECTION.  9.  The temporary guardian or conservator shall submit any report the court requires.
    Sec. 28.  Section 633.570, subsections 1 and 2, Code 2020, are amended to read as follows:
   1.  In a proceeding for the appointment of a guardian, the respondent shall be given written notice which advises the respondent of the powers that that the court may grant a guardian may exercise without court approval pursuant to the powers set out in section 633.635, subsection 2, and the powers that the guardian may exercise only with court approval pursuant to set out in section 633.635, subsection 3.
   2.  In a proceeding for the appointment of a conservator, the respondent shall be given written notice which advises the respondent of the powers that the court may grant a conservator may exercise without court approval pursuant to the powers set out in section 633.646 and the powers that the guardian may exercise only with court approval pursuant to section 633.647 

633.642.
    Sec. 29.  Section 633.635, subsection 1, Code 2020, is amended to read as follows:
   1.  The order by the court appointing a guardian shall state the basis for the guardianship pursuant to section 633.552 and the date on which the first reporting period for the guardianship shall end.
    Sec. 30.  Section 633.635, subsection 2, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Based upon the evidence produced at the hearing, the court may grant a guardian the following powers and duties with respect to a protected person which may be exercised without prior court approval:
    Sec. 31.  Section 633.635, subsection 3, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   A Notwithstanding subsection 2, a guardian may be granted the following powers which may only be exercised upon court approval:
    Sec. 32.  Section 633.641, subsection 3, Code 2020, is amended to read as follows:
   3.  If a protected person has executed a valid power of attorney under chapter 633B, the conservator shall act in accordance with the applicable provisions of chapter 633BIf the court appoints a conservator for a protected person who has previously executed a valid power of attorney under chapter 633B, the power of attorney is suspended unless the power of attorney provides otherwise or the court appointing the conservator orders that the power of attorney should continue. If the power of attorney continues, the agent is accountable to the conservator as well as to the principal. The power of attorney shall be reinstated upon termination of the conservatorship as a result of the principal regaining capacity.
    Sec. 33.  Section 633.642, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Except as otherwise ordered by the court, and except for those powers relating to all fiduciaries as set out in sections 633.63 through 633.162 which may be exercised without approval of the court unless expressly modified by the court, a conservator must give notice to persons entitled to notice and receive specific prior authorization by the court before the conservator may take any other action on behalf of the protected person. These other powers Powers requiring court approval include but are not limited to the authority of the conservator to:
    Sec. 34.  Section 633.669, Code 2020, is amended to read as follows:
   633.669  Reporting requirements —— assistance by clerk Reports by guardians.
   1.  A guardian appointed by the court under this chapter shall file with the court the following written verified reports which shall not be waived by the court:
   a.  An initial care plan filed within sixty days of appointment. The information in the initial care plan shall include but not be limited to the following information:
   (1)  The current residence of the protected person and the guardian’s plan for the protected person’s living arrangements.
   (2)  The current sources of payment for the protected person’s living expenses and other expenses, and the guardian’s plan for payment of the protected person’s living expenses and other expenses.
   (3)  The protected person’s health status and health care needs, and the guardian’s plan for meeting the protected person’s needs for medical, dental, and other health care needs.
   (3A)  Whether the protected person has a living will or health care power of attorney.
   (4)  If applicable, the protected person’s need for other professional services for mental, behavioral, or emotional health, and the guardian’s plan for other professional services needed by the protected person.
   (5)  If applicable, the protected person’s employment status, the protected person’s need for educational, training, or vocational services, and the guardian’s plan for meeting the educational, training, and vocational needs of the protected person.
   (6)  If applicable, the guardian’s plan for facilitating the participation of the protected person in social activities.
   (7)  The guardian’s plan for facilitating contacts between the protected person and the protected person’s family members and other significant persons significant in the life of the protected person.
   (8)  The guardian’s plan for contact with, and activities on behalf of, the protected person.
   (9)  The powers that the guardian requests to carry out the initial care plan.
   (10)  The guardian shall file an amended plan when there has been a significant change in the circumstances or the guardian seeks to deviate significantly from the plan. The guardian must obtain court approval of the amended plan before implementing any of its provisions.
   b.  An annual report, filed within sixty days of the close of the reporting period, unless the court otherwise orders on good cause shown. The information in the annual report shall include but not be limited to the following information:
   (1)  The current living arrangements of the protected person.
   (2)  The sources of payment for the protected person’s living expenses and other expenses.
   (3)  A description, if applicable, of the following:
   (a)  The protected person’s physical and mental health status and the medical, dental, and other professional health services provided to the protected person.
   (b)  If applicable, the protected person’s employment status and the educational, training, and vocational services provided to the protected person.
   (0c)  The guardian’s facilitation of the participation of the protected person in social activities.
   (c)  The contact of the protected person with family members and other significant persons.
   (d)  The nature and extent of the guardian’s visits with, and activities on behalf of, the protected person.
   (04)  The guardian’s changes to the care plan for the protected person for the next annual reporting period.
   (004)  The powers that the guardian requests to carry out the care plan for the protected person for the next annual reporting period.
   (4)  The guardian’s recommendation as to the need for continuation of the guardianship.
   (5)  The ability of the guardian to continue as guardian.
   (6)  The need of the guardian for assistance in providing or arranging for the provision of the care and protection of the protected person.
   c.  A final report within thirty days of the termination of the guardianship under section 633.675 unless that time is extended by the court.
   2.  The court shall develop a simplified uniform reporting form for use in filing the required reports.
   3.  The clerk of the court shall notify the guardian in writing of the reporting requirements and shall provide information and assistance to the guardian in filing the reports.
   4.  Reports of guardians shall be reviewed and approved by a district court judge or referee.
   5.  Reports required by this section shall be served on the protected person, the protected person’s attorney, if any, and the court visitor, if any.
    Sec. 35.  Section 633.670, Code 2020, is amended to read as follows:
   633.670  Reports by conservators.
   1.  A conservator appointed by the court under this chapter shall file an with the court a written verified initial financial management plan for protecting, managing, investing, expending, and distributing the assets of the conservatorship estate within ninety days after appointment which shall not be waived by the court. The plan must be based on the needs of the protected person and take into account the best interest of the protected person as well as the protected person’s preference, values, and prior directions to the extent known to, or reasonably ascertainable by, the conservator.
   a.  The initial plan shall include all of the following: The initial financial management plan shall state the protected person’s age, residence, living arrangements, and sources of payment for living expenses.
   (1)  A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the protected person.
   (2)  A statement as to how the conservator will involve the protected person in decisions about management of the conservatorship estate.
   (3)  If ordered by the court, any step the conservator plans to take to develop or restore the ability of the protected person to manage the conservatorship estate.
   (4)  An estimate of the duration of the conservatorship.
   b.  If applicable, the protected person’s will shall be attached to the plan or filed with the court and the protected person’s prepaid burial trust and powers of attorney shall be described.
   c.  The conservator shall include a proposed budget for the protected person and budget-related information for the next annual reporting period including all of the following:
   (1)  The protected person’s receipts and income and the projected sources of income including, if applicable, wages, social security income, pension and retirement plan distribution, veterans’ benefits, rental income, interest earnings, and dividends, and the total estimated receipts and income.
   (2)  The protected person’s liabilities and debts including, if applicable, mortgage, car loans, credit card debt, federal, state, and property taxes owed and the total estimated liabilities and debts; a list and concise explanation of any liability or debt owed by the protected person to the conservator; a list and concise explanation of the liability of any other person for a liability of the protected person.
   (3)  The protected person’s estimated expenses on a monthly and annual basis including, if applicable, nursing home or facility charge, real property expenses for residence, food and household expenses, utilities, household help and caregiver expenses, health services and health insurance expenses, educational and vocational expenses, personal auto and other transportation expenses, clothing expenses, personal allowance and other personal expenses, liabilities and debts, attorney fees and other professional expenses, conservator fees, and other administrative expenses.
   d.  The conservator shall include a list of the protected person’s assets and the conservator’s plan for management of these assets including, if applicable, financial accounts including checking and certificates of deposit and cash, investments including stocks, bonds, mutual funds, exchange-traded funds, individual retirement accounts and other investment accounts, pension, profit-sharing, annuities, and retirement fund, personal property including household goods and vehicles, receivables including mortgages and liens payable to the protected person’s estate or trust, life insurance, and other property.
   e.  The conservator shall include a statement as to how the conservator will involve the protected person in decisions about management of the conservatorship estate.
   f.  If ordered by the court, the conservator shall include any action the conservator plans to take to develop or restore the ability of the protected person to manage the conservatorship estate.
   g.  The conservator shall include the authority that the conservator requests to carry out the initial financial plan including expenditures in accordance with the proposed budget for the protected person and the plan for the management of the assets of the protected person for the next annual reporting period.
   b.  h.  Within two days after filing the initial plan, the The conservator shall give provide notice of the filing of the initial plan with a copy of the plan to the protected person, the protected person’s attorney, if any, and court advisor visitor, if any, and others as directed by the court. The notice must state that any person entitled to a copy of the plan must file any objections to the plan not later than fifteen days after it is filed twenty days from the date of mailing notice of filing the initial plan.
   c.  i.  At least twenty days after the plan has been filed, the court shall review and determine whether the plan should be approved or revised, after considering objections filed and whether the plan is consistent with the conservator’s powers and duties.
   d.  j.  After approval by the court, the conservator shall provide a copy of the approved plan and order approving the plan to the protected person, the protected person’s attorney, if any, and court advisor visitor, if any, and others as directed by the court.
   e.  k.  The conservator shall file an amended plan when there has been a significant change in circumstances or the conservator seeks to deviate significantly from the plan. Before the amended plan is implemented, the provisions for court approval of the plan shall be followed as provided in paragraphs “b”, “c”, and “d” “h”, “i”, and “j”.
   2.  A conservator shall file an inventory of the protected person’s assets within ninety days after appointment which includes an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. Copies After approval by the court, the conservator shall provide a copy of the inventory shall be provided to the protected person, the protected person’s attorney, if any, and court advisor visitor, if any, and others as directed by the court. When the conservator receives additional property of the protected person, or becomes aware of its existence, a description of the property shall be included in the conservator’s next annual report.
   3.  A conservator shall file a written and verified report on an annual basis for the period since the end of the preceding report period. The court which shall not waive these reports be waived by the court.
   a.  These reports shall include all of the following: The annual report shall state the age, the residence and the living arrangements of the protected person, and sources of payment for the protected person’s living expenses during the reporting period.
   (1)  Balance of funds on hand at the beginning and end of the period.
   (2)  Disbursements made.
   (3)  Changes in the conservator’s plan.
   (4)  List of assets as of the end of the period.
   (5)  Bond amount and surety’s name.
   (6)  Residence and physical location of the protected person.
   (7)  General physical and mental condition of the protected person.
   (8)  Other information reflecting the condition of the conservatorship estate.
   b.  These reports shall be filed: The conservator shall submit with the annual report an inventory of the assets of the protected person as of the last day of the reporting period including the total value of assets at the beginning and end of the reporting period.
   (1)  On an annual basis within sixty days of the end of the reporting period unless the court orders an extension for good cause shown in accordance with the rules of probate procedure.
   c.  The annual report shall include an itemization of all income or funds received and all expenditures made by the conservator on behalf of the protected person. If any of the expenditures were made to provide support for or pay the debts of another person, the annual report shall include an explanation of these expenditures. If any of the expenditures were made to pay any liability or debt owed by the protected person to the conservator, the annual report shall include an explanation of these expenditures. If any of the expenditures were made to pay any liability or debt that is also owed by another person or entity, the annual report shall include an explanation of these expenditures.
   d.  The annual report shall include the following budget and information related to the budget for the protected person:
   (1)  A description of changes, if any, made in the budget approved by the court for the preceding reporting period.
   (2)  A proposed budget and budget-related information for the next reporting period containing the information set forth in subsection 1, paragraph “c”.
   (3)  A request for approval of the proposed budget and authority to make expenditures in accordance with the proposed budget.
   e.  The annual report shall include the following information related to the management of the assets of the protected person:
   (1)  A description of changes, if any, in the plan for management of the assets of the protected person approved by the court for the preceding reporting period.
   (2)  A proposed plan for management of the assets of the protected person for the next reporting period.
   (3)  A request for approval of the proposed plan for management of the assets of the protected person and the authority to carry out the plan.
   f.  The annual report shall describe, if applicable, how the protected person was involved and will be involved in decisions about management of assets.
   g.  The annual report shall describe, if ordered by the court, the actions that have been taken and that will be taken by the conservator to develop or restore the ability of the protected person to manage the conservatorship’s assets.
   h.  The conservator may request court approval of fees provided by an attorney on behalf of the conservatorship or the protected person during the preceding reporting period.
   i.  The conservator may request court approval of fees provided the conservator on behalf of the conservatorship or the protected person during the preceding reporting period.
   4.  The conservator shall file a written verified final report with the court as follows:
   (2)  a.  Within thirty days following removal of the conservator.
   (3)  b.  Upon the conservator’s filing of a resignation and before the resignation is accepted by the court.
   (4)  c.  Within sixty days following the termination of the conservatorship.
   (5)  d.  At other times as ordered by the court.
   c.  5.  Reports required by this section shall be served on the protected person, the protected person’s attorney and court advisor, if any, the court visitor, if any, and the veterans administration if the protected person is receiving veterans benefits.
    Sec. 36.  Section 633.675, subsections 2, 3, and 4, Code 2020, are amended to read as follows:
   2.  The court shall terminate a guardianship if it the court finds by clear and convincing evidence that the basis for appointing a guardian pursuant to section 633.552 is not satisfied.
   3.  The court shall terminate a conservatorship if the court finds by clear and convincing evidence that the basis for appointing a conservator pursuant to section 633.553 or 633.554 is not satisfied.
   4.  The standard of proof and the burden of proof to be applied in a termination proceeding to terminate a guardianship or conservatorship for an adult shall be the same as set forth in section 633.551, subsection 2.
    Sec. 37.  REPORTS AND POWERS OF GUARDIANS AND CONSERVATORS —— TRANSITION PROVISIONS.
   1.  Minor guardianships.  Notwithstanding the provisions of section 232D.501, subsection 1, paragraph “a”, designating a verified initial care plan be filed by the guardian within sixty days of appointment, for all minor guardianship cases wherein the guardianship was established and the guardian was appointed prior to January 1, 2020, the initial care plan required by section 232D.501, subsection 1, paragraph “a”, shall be filed with the previously scheduled annual report. The annual report must comply with the requirements set forth in section 232D.501, subsection 1, paragraph “a”. Guardians appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the guardian’s previously scheduled annual report.
   2.  Adult guardianships.  Notwithstanding the provisions of section 633.669, subsection 1, paragraph “a”, designating an initial care plan be filed by the guardian within sixty days of appointment, for all adult guardianship cases wherein the guardianship was established and the guardian was appointed prior to January 1, 2020, the initial care plan required by section 633.669, subsection 1, paragraph “a”, shall be filed with the previously scheduled annual report. The annual report must comply with the requirements set forth in section 633.669, subsection 1, paragraph “a”. Guardians appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the guardian’s previously scheduled annual report.
   3.  Conservatorships.  Notwithstanding the provisions of section 633.670, subsection 1, paragraph “a”, and section 633.670, subsection 2, designating an initial plan and inventory be filed within ninety days of appointment, for all conservatorship cases wherein the conservatorship was established and the conservator was appointed prior to January 1, 2020, the initial plan required by section 633.670, subsection 1, paragraph “a”, and inventory required by section 633.670, subsection 2, shall be filed with the previously scheduled annual report. The annual report must comply with the requirements set forth in section 633.670, subsection 3, paragraph “a”. Conservators appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the conservator’s previously scheduled annual report.
    Sec. 38.  EFFECTIVE DATE.  The following, being deemed of immediate importance, takes effect upon enactment:
   The section of this division of this Act relating to transition provisions for reports and powers of guardians and conservators.
    Sec. 39.  RETROACTIVE APPLICABILITY.  The following applies retroactively to January 1, 2020: 
   The section of this division of this Act relating to transition provisions for reports and powers of guardians and conservators.
DIVISION II
CONFORMING CHANGES

    Sec. 40.  Section 633.3, subsections 9, 17, 22, and 23, Code 2020, are amended to read as follows:
   9.  Conservator —— a person appointed by the court to have the custody and control of the property of a ward protected person under the provisions of this probate code.
   17.  Estate —— the real and personal property of either a decedent or a ward protected person, and may also refer to the real and personal property of a trust described in section 633.10.
   22.  Guardian —— the person appointed by the court to have the custody of the person of the ward protected person under the provisions of this probate code.
   23.  Guardian of the property —— at the election of the person appointed by the court to have the custody and care of the property of a ward protected person, the term “guardian of the property” may be used, which term shall be synonymous with the term “conservator”.
    Sec. 41.  Section 633.78, subsection 1, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   A fiduciary under this chapter may present a written request to any person for the purpose of obtaining property owned by a decedent or by a ward protected person of a conservatorship for which the fiduciary has been appointed, or property to which a decedent or ward protected person is entitled, or for information about such property needed to perform the fiduciary’s duties. The request must contain statements confirming all of the following:
    Sec. 42.  Section 633.78, subsection 1, paragraph b, Code 2020, is amended to read as follows:
   b.  The request has been signed by all fiduciaries acting on behalf of the decedent or ward protected person.
    Sec. 43.  Section 633.78, subsection 4, paragraph a, Code 2020, is amended to read as follows:
   a.  Damages sustained by the decedent’s or ward’s protected person’s estate.
    Sec. 44.  Section 633.80, Code 2020, is amended to read as follows:
   633.80  Fiduciary of a fiduciary.
   A fiduciary has no authority to act in a matter wherein the fiduciary’s decedent or ward protected person was merely a fiduciary, except that the fiduciary shall file a report and accounting on behalf of the decedent or ward protected person in said matter.
    Sec. 45.  Section 633.93, Code 2020, is amended to read as follows:
   633.93  Limitation on actions affecting deeds.
   No action for recovery of any real estate sold by any fiduciary can be maintained by any person claiming under the deceased, the ward protected person, or a beneficiary, unless brought within five years after the date of the recording of the conveyance.
    Sec. 46.  Section 633.112, Code 2020, is amended to read as follows:
   633.112  Discovery of property.
   The court may require any person suspected of having possession of any property, including records and documents, of the decedent, ward protected person, or the estate, or of having had such property under the person’s control, to appear and submit to an examination under oath touching such matters, and if on such examination it appears that the person has the wrongful possession of any such property, the court may order the delivery thereof to the fiduciary. Such a person shall be liable to the estate for all damages caused by the person’s acts.
    Sec. 47.  Section 633.123, subsection 1, paragraph b, subparagraph (3), Code 2020, is amended to read as follows:
   (3)  The needs and rights of the beneficiaries or the ward protected person.
    Sec. 48.  Section 633.558, subsection 3, Code 2020, is amended to read as follows:
   3.  Notice of the filing of a petition given to persons under subsections subsection 2 and 3 shall include a statement that such persons may register to receive notice of the hearing on the petition and other proceedings and the manner of such registration.
    Sec. 49.  Section 633.560, subsection 3, Code 2020, is amended to read as follows:
   3.  The court shall require the proposed guardian or conservator to attend the hearing on the petition but the court may excuse the proposed guardian’s or conservator’s attendance for good cause shown.
    Sec. 50.  Section 633.561, subsection 4, paragraphs c and f, Code 2020, are amended to read as follows:
   c.  Ensure that the respondent has been properly advised of the respondent’s rights in a guardianship or conservatorship proceeding.
   f.  Ensure that the guardianship or conservatorship procedures conform to the statutory and due process requirements of Iowa law.
    Sec. 51.  Section 633.561, subsection 5, paragraphs a and b, Code 2020, are amended to read as follows:
   a.  Inform the respondent of the effects of the order entered for appointment of guardian or conservator.
   b.  Advise the respondent of the respondent’s rights to petition for modification or termination of the guardianship or conservatorship.
    Sec. 52.  Section 633.562, subsection 5, paragraphs a and b, Code 2020, are amended to read as follows:
   a.  A recommendation regarding the appropriateness of a limited guardianship or conservatorship for the respondent, including whether less restrictive alternatives are available.
   b.  A statement of the qualifications of the guardian or conservator together with a statement of whether the respondent has expressed agreement with the appointment of the proposed guardian or conservator.
    Sec. 53.  Section 633.580, subsections 1 and 4, Code 2020, are amended to read as follows:
   1.  The name, age, and last known post office address of the proposed ward protected person.
   4.  A general description of the property of the proposed ward protected person within this state and of the proposed ward’s protected person’s right to receive property; also, the estimated present value of the real estate, the estimated value of the personal property, and the estimated gross annual income of the estate. If any money is payable, or to become payable, to the proposed ward protected person by the United States through the United States department of veterans affairs, the petition shall so state.
    Sec. 54.  Section 633.591A, Code 2020, is amended to read as follows:
   633.591A  Voluntary petition for appointment of conservator for a minor —— standby basis.
   A person having physical and legal custody of a minor may execute a verified petition for the appointment of a standby conservator of the proposed ward’s protected person’s property, upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition.
    Sec. 55.  Section 633.603, Code 2020, is amended to read as follows:
   633.603  Appointment of foreign conservators.
   When there is no conservatorship, nor any application therefor pending, in this state, the duly qualified foreign conservator or guardian of a nonresident ward protected person may, upon application, be appointed conservator of the property of such person in this state; provided that a resident conservator is appointed to serve with the foreign conservator; and provided further, that for good cause shown, the court may appoint the foreign conservator to act alone without the appointment of a resident conservator.
    Sec. 56.  Section 633.604, Code 2020, is amended to read as follows:
   633.604  Application.
   The application for appointment of a foreign conservator or guardian as conservator in this state shall include the name and address of the nonresident ward protected person, and of the nonresident conservator or guardian, and the name and address of the resident conservator to be appointed. It shall be accompanied by a certified copy of the original letters or other authority conferring the power upon the foreign conservator or guardian to act as such. The application shall also state the cause for the appointment of the foreign conservator to act as sole conservator, if such be the case.
    Sec. 57.  Section 633.605, Code 2020, is amended to read as follows:
   633.605  Personal property.
   A foreign conservator or guardian of a nonresident may be authorized by the court of the county wherein such ward protected person has personal property to receive the same upon compliance with the provisions of sections 633.606, 633.607 and 633.608.
    Sec. 58.  Section 633.607, Code 2020, is amended to read as follows:
   633.607  Order for delivery.
   Upon the filing of the bond as above provided, and the court being satisfied with the amount thereof, it shall order the personal property of the ward protected person delivered to such conservator or guardian.
    Sec. 59.  Section 633.633, Code 2020, is amended to read as follows:
   633.633  Provisions applicable to all fiduciaries shall govern.
   The provisions of this probate code applicable to all fiduciaries shall govern the appointment, qualification, oath and bond of guardians and conservators, except that a guardian shall not be required to give bond unless the court, for good cause, finds that the best interests of the ward protected person require a bond. The court shall then fix the terms and conditions of such bond.
    Sec. 60.  Section 633.633B, Code 2020, is amended to read as follows:
   633.633B  Tort liability of guardians and conservators.
   The fact that a person is a guardian or conservator shall not in itself make the person personally liable for damages for the acts of the ward protected person.
    Sec. 61.  Section 633.636, Code 2020, is amended to read as follows:
   633.636  Effect of appointment of guardian or conservator.
   The appointment of a guardian or conservator shall not constitute an adjudication that the ward protected person is of unsound mind.
    Sec. 62.  Section 633.637, Code 2020, is amended to read as follows:
   633.637  Powers of ward protected person.
   1.  A ward protected person for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the ward protected person possesses the requisite testamentary capacity, unless the court determines that the ward protected person has a limited ability to handle the ward’s protected person’s own funds. If the court makes such a finding, the court shall specify to what extent the ward protected person may possess and use the ward’s protected person’s own funds.
   2.  Any modification of the powers of the ward protected person that would be more restrictive of the ward’s protected person’s control over the ward’s protected person’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator. Any modification that would be less restrictive of the ward’s protected person’s control over the ward’s protected person’s financial affairs shall be based upon proof in accordance with the requirements of section 633.675.
    Sec. 63.  Section 633.637A, Code 2020, is amended to read as follows:
   633.637A  Rights of ward protected person under guardianship.
   An adult ward protected person under a guardianship has the right of communication, visitation, or interaction with other persons upon the consent of the adult ward protected person, subject to section 633.635, subsection 2, paragraph “i”, and section 633.635, subsection 3, paragraph “c”. If an adult ward protected person is unable to give express consent to such communication, visitation, or interaction with a person due to a physical or mental condition, consent of an adult ward protected person may be presumed by a guardian or a court based on an adult ward’s protected person’s prior relationship with such person.
    Sec. 64.  Section 633.638, Code 2020, is amended to read as follows:
   633.638  Presumption of fraud.
   If a conservator be appointed, all contracts, transfers and gifts made by the ward protected person after the filing of the petition shall be presumed to be a fraud against the rights and interest of the ward protected person except as otherwise directed by the court pursuant to section 633.637.
    Sec. 65.  Section 633.639, Code 2020, is amended to read as follows:
   633.639  Title to ward’s protected person’s property.
   The title to all property of the ward protected person is in the ward protected person and not the conservator subject, however, to the possession of the conservator and to the control of the court for the purposes of administration, sale or other disposition, under the provisions of the law. Any real property titled at any time in the name of a conservatorship shall be deemed to be titled in the ward’s protected person’s name subject to the conservator’s right of possession.
    Sec. 66.  Section 633.640, Code 2020, is amended to read as follows:
   633.640  Conservator’s right to possession.
   Every conservator shall have a right to, and shall take, possession of all of the real and personal property of the ward protected person. The conservator shall pay the taxes and collect the income therefrom until the conservatorship is terminated. The conservator may maintain an action for the possession of the property, and to determine the title to the same.
    Sec. 67.  Section 633.643, Code 2020, is amended to read as follows:
   633.643  Disposal of will by conservator.
   When an instrument purporting to be the will of the ward protected person comes into the hands of a conservator, the conservator shall immediately deliver it to the court.
    Sec. 68.  Section 633.644, Code 2020, is amended to read as follows:
   633.644  Court order to preserve testamentary intent of ward protected person.
   Upon receiving an instrument purporting to be the will of a living ward protected person under the provisions of section 633.643, the court may open said will and read it. The court with or without notice, as it may determine, may enter such orders in the conservatorship as it deems advisable for the proper administration of the conservatorship in light of the expressed testamentary intent of the ward protected person.
    Sec. 69.  Section 633.645, Code 2020, is amended to read as follows:
   633.645  Court to deliver will to clerk.
   An instrument purporting to be the will of a ward protected person coming into the hands of the court under the provisions of section 633.643, shall thereafter be resealed by the court and be deposited with the clerk to be held by said clerk as provided in sections 633.286 through 633.289.
    Sec. 70.  Section 633.653A, Code 2020, is amended to read as follows:
   633.653A  Claims for cost of medical care or services.
   The provision of medical care or services to a ward protected person who is a recipient of medical assistance under chapter 249A creates a claim against the conservatorship for the amount owed to the provider under the medical assistance program for the care or services. The amount of the claim, after being allowed or established as provided in this part, shall be paid by the conservator from the assets of the conservatorship.
    Sec. 71.  Section 633.654, Code 2020, is amended to read as follows:
   633.654  Form and verification of claims —— general requirements.
   No claim shall be allowed against the estate of a ward protected person upon application of the claimant unless it shall be in writing, filed in duplicate with the clerk, stating the claimant’s name and address, and describing the nature and the amount thereof, if ascertainable. It shall be accompanied by the affidavit of the claimant, or of someone for the claimant, that the amount is justly due, or if not due, when it will or may become due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant, except as therein stated. The duplicate of said claim shall be mailed by the clerk to the conservator or the conservator’s attorney of record; however, valid contract claims arising in the ordinary course of the conduct of the business or affairs of the ward protected person by the conservator may be paid by the conservator without requiring affidavit or filing.
    Sec. 72.  Section 633.656, Code 2020, is amended to read as follows:
   633.656  How claim entitled.
   All claims filed against the estate of the ward protected person shall be entitled in the name of the claimant against the conservator as such, naming the conservator, and in all further proceedings thereon, this title shall be preserved.
    Sec. 73.  Section 633.660, Code 2020, is amended to read as follows:
   633.660  Execution and levy prohibited.
   No execution shall issue upon, nor shall any levy be made against, any property of the estate of a ward protected person under any judgment against the ward protected person or a conservator, but the provisions of this section shall not be so construed as to prevent the enforcement of a mortgage, pledge, or other lien upon property in an appropriate proceeding.
    Sec. 74.  Section 633.661, Code 2020, is amended to read as follows:
   633.661  Claims of conservators.
   If the conservator is a creditor of the ward protected person, the conservator shall file the claim as other creditors, and the court shall appoint some competent person as temporary conservator to represent the ward protected person at the hearing on the conservator’s claim. The same procedure shall be followed in the case of coconservators where all such conservators are creditors of the ward protected person; but if one of the coconservators is not a creditor of the ward protected person, such disinterested conservator shall represent the ward protected person at the hearing on any claim against the ward protected person by a coconservator.
    Sec. 75.  Section 633.662, Code 2020, is amended to read as follows:
   633.662  Claims not filed.
   The conservator may pay any valid claim against the estate of the ward protected person even though such claim has not been filed, but all such payments made by the conservator shall be at the conservator’s own peril.
    Sec. 76.  Section 633.664, Code 2020, is amended to read as follows:
   633.664  Liens not affected by failure to file claim.
   Nothing in sections 633.654 and 633.658 shall affect or prevent an action or proceeding to enforce any mortgage, pledge, or other lien upon the property of the ward protected person.
    Sec. 77.  Section 633.665, Code 2020, is amended to read as follows:
   633.665  Separate actions and claims.
   1.  Any action pending against the ward protected person at the time the conservator is appointed shall also be considered a claim filed in the conservatorship if notice of substitution is served on the conservator as defendant and a duplicate of the proof of service of notice of such proceeding is filed in the conservatorship proceeding.
   2.  A separate action based on a debt or other liability of the ward protected person may be commenced against the conservator in lieu of filing a claim in the conservatorship. Such an action shall be commenced by serving an original notice on the conservator and filing a duplicate of the proof of service of notice of such proceeding in the conservatorship proceeding. Such an action shall also be considered a claim filed in the conservatorship. Such an action may be commenced only in a county where the venue would have been proper if there were no conservatorship and the action had been commenced against the ward protected person.
    Sec. 78.  Section 633.667, Code 2020, is amended to read as follows:
   633.667  Payment of claims in insolvent conservatorships.
   When it appears that the assets in a conservatorship are insufficient to pay in full all the claims against such conservatorship, the conservator shall report such matter to the court, and the court shall, upon hearing, with notice to all persons who have filed claims in the conservatorship, make an order for the pro rata payment of claims giving claimants the same priority, if any, as they would have if the ward protected person were not under conservatorship.
    Sec. 79.  Section 633.668, Code 2020, is amended to read as follows:
   633.668  Conservator may make gifts.
   For good cause shown and under order of court, a conservator may make gifts on behalf of the ward protected person out of the assets under a conservatorship to persons or religious, educational, scientific, charitable, or other nonprofit organizations to whom or to which such gifts were regularly made prior to the commencement of the conservatorship, or on a showing to the court that such gifts would benefit the ward protected person or the ward’s protected person’s estate from the standpoint of income, gift, estate or inheritance taxes. The making of gifts out of the assets must not foreseeably impair the ability to provide adequately for the best interests of the ward protected person.
    Sec. 80.  Section 633.673, Code 2020, is amended to read as follows:
   633.673  Court costs in guardianships.
   The ward protected person or the ward’s protected person’s estate shall be charged with the court costs of a ward’s protected person’s guardianship, including the guardian’s fees and the fees of the attorney for the guardian. The court may, upon application, enter an order waiving payment of the court costs in indigent cases. However, if the ward protected person or ward’s protected person’s estate becomes financially capable of paying any waived costs, the costs shall be paid immediately.
    Sec. 81.  Section 633.676, Code 2020, is amended to read as follows:
   633.676  Assets exhausted.
   At any time that the assets of the ward’s protected person’s estate do not exceed the amount of the charges and claims against it, the court may direct the conservator to proceed to terminate the conservatorship.
    Sec. 82.  Section 633.677, Code 2020, is amended to read as follows:
   633.677  Accounting to ward protected person —— notice.
   Upon the termination of a conservatorship, the conservator shall pay the costs of administration and shall render a full and complete accounting to the ward protected person or the ward’s protected person’s personal representative and to the court. Notice of the final report of a conservator shall be served on the ward protected person or the ward’s protected person’s personal representative, in accordance with section 633.40, unless notice is waived. An order prescribing notice may be made before or after the filing of the final report.
    Sec. 83.  Section 633.681, Code 2020, is amended to read as follows:
   633.681  Assets of minor ward protected person exhausted.
   When the assets of a minor ward’s protected person’s conservatorship are exhausted or consist of personal property only of an aggregate value not in excess of twenty-five thousand dollars, the court, upon application or upon its own motion, may terminate the conservatorship. The order for termination shall direct the conservator to deliver any property remaining after the payment of allowed claims and expenses of administration to a custodian under any uniform transfers to minors Act. Such delivery shall have the same force and effect as if delivery had been made to the ward protected person after attaining majority.
    Sec. 84.  Section 633.682, Code 2020, is amended to read as follows:
   633.682  Discharge of conservator and release of bond.
   Upon settlement of the final accounting of a conservator, and upon determining that the property of the ward protected person has been delivered to the person or persons lawfully entitled thereto, the court shall discharge the conservator and exonerate the surety on the conservator’s bond.