Senate Study Bill 1018 - IntroducedA Bill ForAn Act 1relating to the opening of guardianships for adults
2and conservatorships for adults and minors and the
3administration of guardianships and conservatorships.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 48A.2, subsection 4, Code 2019, is
2amended to read as follows:
   34.  “Person who is incompetent to vote” means a person with an
4intellectual disability who has been found to lack the mental
5capacity to vote in a proceeding held pursuant to section
6633.556 633.552.
7   Sec. 2.  Section 229.27, subsection 3, unnumbered paragraph
81, Code 2019, is amended to read as follows:
   9A hearing limited to the question of the person’s competence
10and conducted in substantially the manner prescribed in
11sections 633.552, to 633.556, 633.558, and 633.560 shall be
12held when:
13   Sec. 3.  Section 235B.18, subsections 4 and 5, Code 2019, are
14amended to read as follows:
   154.  If, at the hearing, the judge finds by clear and
16convincing evidence that the dependent adult is in need of
17protective services and lacks the capacity to consent to the
18receipt of protective services, the judge may issue an order
19authorizing the provision of protective services. The order
20may include the designation of a person to be responsible for
21performing or obtaining protective services on behalf of the
22dependent adult or otherwise consenting to the receipt of
23protective services on behalf of the dependent adult. Within
24sixty days of the appointment of such a person the court
25shall conduct a review to determine if a petition shall be
26initiated in accordance with section 633.552 633.556 for good
27cause shown. The court may extend the sixty-day period for
28an additional sixty days, at the end of which the court shall
29conduct a review to determine if a petition shall be initiated
30in accordance with section 633.552 633.556. A dependent adult
31shall not be committed to a mental health facility under this
32section.
   335.  A determination by the court that a dependent adult lacks
34the capacity to consent to the receipt of protective services
35under this chapter shall not affect incompetency proceedings
-1-1under sections 633.552, through 633.556, 633.558, and 633.560
2 or any other proceedings, and incompetency proceedings under
3sections 633.552, through 633.556, 633.558, and 633.560 shall
4not have a conclusive effect on the question of capacity to
5consent to the receipt of protective services under this
6chapter. A person previously adjudicated as incompetent under
7the relevant provisions of chapter 633 is entitled to the care,
8protection, and services under this chapter.
9   Sec. 4.  Section 235B.19, subsection 5, paragraph a,
10unnumbered paragraph 1, Code 2019, is amended to read as
11follows:
   12Notwithstanding sections 633.552 633.556 and 633.573
13
 633.569, upon a finding that there is probable cause to believe
14that the dependent adult abuse presents an immediate danger to
15the health or safety of the dependent adult or is producing
16irreparable harm to the physical or financial resources or
17property of the dependent adult, and that the dependent adult
18lacks capacity to consent to the receipt of services, the court
19may order the appointment of a temporary guardian or temporary
20conservator without notice to the dependent adult or the
21dependent adult’s attorney if all of the following conditions
22are met:
23   Sec. 5.  Section 622.10, subsection 3, paragraph f, Code
242019, is amended to read as follows:
   25f.  The provisions of this subsection do not apply to actions
26or claims brought pursuant to chapter 85, 85A, or 85B, or to
27court orders issued pursuant to section 633.552
.
28   Sec. 6.  Section 633.3, Code 2019, is amended by adding the
29following new subsections:
30   NEW SUBSECTION.  1A.  Assistance animal — means an animal
31that qualifies as a reasonable accommodation under the federal
32Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, or
33section 504 of the federal Rehabilitation Act of 1973, 29
34U.S.C. §794, as amended.
35   NEW SUBSECTION.  1B.  Assistive animal — means the same as
-2-1defined in section 216C.11, subsection 1.
2   NEW SUBSECTION.  27A.  Limited guardianship — means a
3guardianship that grants the guardian less than all powers
4available under this chapter or otherwise restricts the powers
5of the guardian.
6   NEW SUBSECTION.  32A.  Protected person — means a person
7subject to guardianship or a person subject to conservatorship,
8or both.
9   NEW SUBSECTION.  32B.  Respondent — means a person who
10is alleged to be a person in need of a guardianship or
11conservatorship, or both.
12   NEW SUBSECTION.  32C.  Service animal — means a dog or
13miniature horse as set forth in the implementing regulations
14of Title II and Title III of the federal Americans with
15Disabilities Act of 1990, 42 U.S.C. §12101 et seq.
16   Sec. 7.  Section 633.174, Code 2019, is amended to read as
17follows:
   18633.174  Guardians and conservators — bond.
   191.  When the guardian appointed for a person is not the
20conservator of the property of that person, no bond shall be
21required of the guardian, unless the court for good cause finds
22it proper to require one. If no bond is initially required,
23the court may, nevertheless, for good cause, at any subsequent
24time, require that a bond be given.
   252.  Every conservator shall execute and file with the clerk
26a bond with sufficient surety or sureties except as provided
27in section 633.175.
28   Sec. 8.  Section 633.175, Code 2019, is amended to read as
29follows:
   30633.175  Waiver of bond by court.
   311.  The court, for good cause shown, may exempt any fiduciary
32from giving bond, if the court finds that the interests of
33creditors and distributees will not thereby be prejudiced.
   342.  However, the court, except as provided in section
35633.172, subsection 2, shall not exempt a conservator, other
-3-1than a financial institution with Iowa trust powers,
from
2giving bond in a conservatorship with total assets of more than
3twenty-five thousand dollars, excluding real property, unless
4it is a voluntary conservatorship in which the petitioner is
5eighteen years of age or older and has waived bond in the
6petition
 unless the court finds that there is an alternative to
7a bond that will provide sufficient protection to the assets
8of the protected person
The conservator shall submit a plan
9for any proposed alternative to a bond for review and approval
10by the court.

11   Sec. 9.  Section 633.551, Code 2019, is amended to read as
12follows:
   13633.551  Guardianships and conservatorships — general General
14 provisions.
   151.  The determination of incompetency of the proposed ward or
16ward and the determination of the need for the appointment of a
17guardian or conservator or of the modification or termination
18of a guardianship or conservatorship
 adult respondent to a
19petition for guardianship or conservatorship or an adult
20subject to guardianship or conservatorship
shall be supported
21by clear and convincing evidence.
   222.  The burden of persuasion is on the petitioner in an
23initial proceeding to appoint a guardian or conservator.
24In a proceeding to modify or terminate a guardianship or
25conservatorship, if the guardian or conservator is the
26petitioner, the burden of persuasion remains with the guardian
27or conservator. In a proceeding to terminate a guardianship
28or conservatorship, if the ward protected person is the
29petitioner, the ward protected person shall make a prima facie
30showing of some decision-making capacity. Once a prima facie
31showing is made, the burden of persuasion is on the guardian or
32conservator to show by clear and convincing evidence that the
33ward protected person is incompetent.
   343.  In determining whether a guardianship or conservatorship
35is to be established, modified, or terminated, the
-4-1district court shall consider if a limited guardianship or
2conservatorship pursuant to section 633.635 or 633.637 is
3appropriate. In making the determination, the court shall
4make findings of fact to support the powers conferred on the
5guardian or conservator.
   64.  In proceedings to establish, modify, or terminate a
7guardianship or conservatorship, in determining if the proposed
8ward or ward
 respondent or protected person is incompetent as
9defined in section 633.3, the court shall consider credible
10evidence from any source to the effect of third-party
11assistance in meeting the needs of the proposed ward or ward
12
 as to whether there are other less restrictive alternatives,
13including third-party assistance, that would meet the needs of
14the respondent or the protected person
. However, neither party
15to the action shall have the burden to produce such evidence
16relating to other less restrictive alternatives, including but
17not limited to
third-party assistance.
   185.  Except as otherwise provided in sections 633.672
19and 633.673, in proceedings to establish a guardianship or
20conservatorship, the costs, including attorney fees, court
21visitor fees,
and expert witness fees, shall be assessed
22against the ward or the ward’s respondent or the respondent’s
23 estate unless the proceeding is dismissed either voluntarily
24or involuntarily, in which case fees and costs may be assessed
25against the petitioner for good cause shown.
   266.  Except as otherwise provided in this subchapter, the
27rules of civil procedure shall govern proceedings to establish,
28modify, or terminate a guardianship or conservatorship.
29   Sec. 10.  NEW SECTION.  633.552  Basis for appointment of
30guardian for an adult.
   311.  On petition and after notice and hearing, the court may
32appoint a guardian for an adult if the court finds by clear and
33convincing evidence that all of the following are true:
   34a.  The decision-making capacity of the respondent is
35so impaired that the respondent is unable to care for the
-5-1respondent’s safety, or to provide for necessities such as
2food, shelter, clothing, or medical care without which physical
3injury or illness may occur.
   4b.  The appointment of a guardian is in the best interest of
5the respondent.
   62.  Section 633.551 applies to the appointment of a guardian
7under subsection 1.
   83.  If the court appoints a guardian based upon the mental
9incapacity of the protected person because the protected
10person has an intellectual disability, as defined in section
114.1, the court shall make a separate determination as to the
12protected person’s competency to vote. The court shall find
13a protected person incompetent to vote only upon determining
14that the person lacks sufficient mental capacity to comprehend
15and exercise the right to vote.
16   Sec. 11.  NEW SECTION.  633.553  Basis for appointment of
17conservator for an adult.
   181.  On petition and after notice and hearing, the court may
19appoint a conservator for an adult if the court finds by clear
20and convincing evidence that both of the following are true:
   21a.  The decision-making capacity of the respondent is so
22impaired that the respondent is unable to make, communicate,
23or carry out important decisions concerning the respondent’s
24financial affairs.
   25b.  The appointment of a conservator is in the best interest
26of the respondent.
   272.  Section 633.551 applies to the appointment of a
28conservatorship under subsection 1.
29   Sec. 12.  NEW SECTION.  633.554  Basis for appointment of
30conservator for a minor.
   31On petition and after notice, the court may appoint a
32conservator for a minor if the court finds by a preponderance
33of the evidence that the appointment is in the best interest of
34the minor and any of the following is true:
   351.  The minor has funds or other property requiring
-6-1management or protection that otherwise cannot be provided.
   22.  The minor has or may have financial affairs that may be
3put at unreasonable risk or hindered because of the minor’s
4age.
   53.  A conservator is needed to obtain or provide funds or
6other property.
7   Sec. 13.  NEW SECTION.  633.556  Petition for appointment of
8guardian or conservator for an adult.
   91.  A formal judicial proceeding to determine whether
10to appoint a guardian or conservator for an adult shall be
11initiated by the filing of a verified petition by a person with
12an interest in the welfare of the adult, which may include the
13adult who is the subject of the petition.
   142.  The petition shall contain a concise statement of the
15factual basis for the petition.
   163.  The petition shall contain a concise statement of why
17there is no less restrictive alternative to the appointment of
18a guardian or a conservator.
   194.  The petition shall list the name and address of the
20petitioner and the petitioner’s relationship to the respondent.
   215.  The petition shall list the name and address, to the
22extent known, of the following:
   23a.  The name and address of the proposed guardian and the
24reason the proposed guardian should be selected.
   25b.  Any spouse of the respondent.
   26c.  Any adult children of the respondent.
   27d.  Any parents of the respondent.
   28e.  Any adult, who has had the primary care of the respondent
29or with whom the respondent has lived for at least six months
30prior to the filing of the petition, or any institution or
31facility where the respondent has resided for at least six
32months prior to the filing of the petition.
   33f.  Any legal representative or representative payee of the
34respondent.
   35g.  Any person designated as an attorney in fact in a durable
-7-1power of attorney for health care which is valid under chapter
2144B, or any person designated as an agent in a durable power
3of attorney which is valid under chapter 633B.
   46.  Any additional persons who may have an interest in
5the proceeding may be listed in an affidavit attached to the
6petition.
   77.  If the petition requests the appointment of a
8conservator, the petition shall state the estimated present
9value of the real estate owned or to be owned by the
10respondent, the estimated value of the personal property owned
11or to be owned by the respondent, and the estimated gross
12annual income of the respondent.
   138.  Any additional information relevant to the proceeding
14may be included in an affidavit attached to the petition.
15   Sec. 14.  NEW SECTION.  633.557  Petition for appointment of a
16conservator for a minor.
   171.  A formal judicial proceeding to determine whether to
18appoint a conservator for a minor shall be initiated by the
19filing of a verified petition by a person with an interest in
20the welfare of the minor.
   212.  The petition shall contain a concise statement of the
22factual basis for the petition.
   233.  The petition shall state the following to the extent
24known:
   25a.  The name, age, and address of the minor.
   26b.  The name and address of the petitioner and the
27petitioner’s relationship to the minor.
   28c.  The name and address of the proposed conservator and the
29reason the proposed conservator should be selected.
   30d.  If the petitioner, or the proposed conservator, is not
31the parent or parents having legal custody of the minor, the
32name and address, to the extent known, of the following:
   33(1)  The parent or parents having legal custody of the minor.
   34(2)  Any adult who has had the primary care of the minor or
35with whom the minor has lived for at least six months prior
-8-1to the filing of the petition, or any institution or facility
2where the minor has resided for at least six months prior to
3the filing of the petition.
4   Sec. 15.  NEW SECTION.  633.558  Notice to adult respondent.
   51.  The filing of a petition filed pursuant to section
6633.556 shall be served upon the adult respondent in the
7manner of an original notice in accordance with rule of
8civil procedure 1.305 governing such notice. Notice to the
9attorney representing the respondent, if any, is notice to the
10respondent.
   112.  Notice shall be served upon other known persons listed in
12the petition in the manner prescribed by the court, which may
13be notice by mail in accordance with rule of civil procedure
141.308(5). Failure of such persons to receive actual notice
15does not constitute a jurisdictional defect precluding the
16appointment of a guardian or conservator by the court.
   173.  Notice of the filing of a petition given to persons under
18subsections 2 and 3 shall include a statement that such persons
19may register to receive notice of the hearing on the petition
20and other proceedings and the manner of such registration.
21   Sec. 16.  NEW SECTION.  633.559  Notice to minor respondent.
   221.  The filing of a petition pursuant to section 633.557
23shall be served upon a minor respondent in the manner of an
24original notice in accordance with rule of civil procedure
251.305(2) governing such notice. Notice to the attorney
26representing the minor, if any, is notice to the minor.
   272.  Notice shall also be served upon the known parent or
28parents listed in the petition in accordance with rule of civil
29procedure 1.305.
   303.  Notice shall be served upon other known persons listed in
31the petition in the manner prescribed by the court, which may
32be notice by mail in accordance with rule of civil procedure
331.308(5). Failure of such persons to receive actual notice
34does not constitute a jurisdictional defect precluding the
35appointment of a conservator by the court.
-9-
   14.  Notice of the filing of a petition given to persons
2under subsections 2 and 3 shall include a statement that the
3recipient of the notice may register to receive notice of the
4hearing on the petition and other proceedings and the manner of
5such registration.
6   Sec. 17.  NEW SECTION.  633.560  Hearing.
   71.  The court shall fix the time and place of hearing on a
8petition and shall prescribe a time not less than twenty days
9after the date the notice is served unless the court finds
10there is good cause shown to shorten the time period to less
11than twenty days pursuant to section 633.40. The court shall
12also prescribe the manner of service of the notice of such
13hearing pursuant to section 633.40.
   142.  The respondent shall be entitled to attend the hearing on
15the petition and all other proceedings. The court shall make
16reasonable accommodations to enable the respondent to attend
17the hearing and all other proceedings. The court may waive the
18respondent’s attendance for good cause shown. The court shall
19make a record of the reason for a respondent’s nonattendance.
   203.  The court shall require the proposed guardian or
21conservator to attend the hearing on the petition but the court
22may excuse the proposed guardian’s attendance for good cause
23shown.
   244.  The court shall require the court visitor as described in
25section 633.562, if any, to attend the hearing but the court
26may excuse the court visitor’s attendance for good cause shown.
   275.  Any person with an interest in the welfare of the
28respondent may submit a written application to the court
29requesting permission to participate in the hearing on the
30petition and other proceedings. The court may grant the
31request if the court finds that the person’s participation is
32in the best interest of the respondent. The court may impose
33appropriate conditions on the person’s participation.
   346.  A complete record of the hearing shall be made.
35   Sec. 18.  Section 633.560, Code 2019, is amended to read as
-10-1follows:
   2633.560  Appointment of guardian for an adult on a standby
3basis.
   4A petition for the appointment of a guardian for an adult
5 on a standby basis may be filed by any person under the same
6procedure and requirements as provided in sections 633.591
7to 633.597, for appointment of standby conservator, insofar
8as applicable. In all proceedings to appoint a guardian,
9the court shall consider whether a limited guardianship, as
10authorized in section 633.635, is appropriate.
11   Sec. 19.  Section 633.561, Code 2019, is amended to read as
12follows:
   13633.561  Representation Appointment and role of attorney for
14respondent
.
   151.  In a proceeding for the appointment of a guardian or
16conservator for an adult or a conservator for a minor
:
   17a.  If the proposed ward respondent is an adult and is not
18the petitioner, the proposed ward the respondent is entitled
19to representation by an attorney. Upon the filing of the
20petition, the court shall appoint an attorney to represent the
21proposed ward respondent, set a hearing on the petition, and
22provide for notice of the appointment of counsel and the date
23for hearing.
   24b.  If the proposed ward respondent is either a minor or
25an adult under a standby petition, the court shall determine
26whether, under the circumstances of the case, the proposed ward
27
 respondent is entitled to representation. The determination
28regarding representation may be made with or without notice to
29the proposed ward respondent, as the court deems necessary.
30If the court determines that the proposed ward respondent
31 is entitled to representation, the court shall appoint an
32attorney to represent the proposed ward respondent. After
33making the determination regarding representation, the court
34shall set a hearing on the petition, and provide for notice on
35the determination regarding representation and the date for
-11-1hearing.
   2c.  The court may take action under paragraph “a” or “b”
3prior to the service of the original notice upon the proposed
4ward
 respondent.
   5d.  The court may reconsider the determination regarding
6representation upon application by any interested person.
   7e.  The court may discharge the attorney appointed by the
8court if it appears upon the application of the proposed
9ward
 respondent or any other interested person that the ward
10
 respondent has privately retained an attorney who has filed an
11appearance on behalf of the proposed ward respondent.
   122.  The court shall ensure that all proposed wards
13
 respondents entitled to representation have been provided
14with notice of the right to representation and right to be
15personally present at all proceedings and shall make findings
16of fact in any order of disposition setting out the manner in
17which notification was provided.
   183.  If the proposed ward respondent is entitled to
19representation and is indigent or incapable of requesting
20counsel, the court shall appoint an attorney to represent the
21proposed ward respondent. The cost of court appointed counsel
22for indigents shall be assessed against the county in which the
23proceedings are pending. For the purposes of this subsection,
24the court shall find a person is indigent if the person’s
25income and resources do not exceed one hundred fifty percent of
26the federal poverty level or the person would be unable to pay
27such costs without prejudicing the person’s financial ability
28to provide economic necessities for the person or the person’s
29dependents.
   304.  An attorney appointed pursuant to this section shall:
   31a.  Ensure that the proposed ward respondent has been
32properly advised of the nature and purpose of the proceeding.
   33b.  Advocate for the wishes of the respondent to the extent
34those wishes are reasonably ascertainable. If the respondent’s
35wishes are not reasonably ascertainable, the attorney shall
-12-1advocate for the least restrictive alternative consistent with
2the respondent’s best interests.
   3b.    c.  Ensure that the proposed ward respondent has been
4properly advised of the ward’s respondent’s rights in a
5guardianship proceeding.
   6c.    d.  Personally interview the proposed ward respondent.
   7d.    e.  File a written report stating whether there is a
8return on file showing that proper service on the proposed
9ward
 respondent has been made and also stating that specific
10compliance with paragraphs “a” through “c” “d” has been made
11or stating the inability to comply by reason of the proposed
12ward’s
 respondent’s condition.
   13e.  Represent the proposed ward.
   14f.  Ensure that the guardianship procedures conform to the
15statutory and due process requirements of Iowa law.
   165.  In the event that an order of appointment is entered,
17the attorney appointed pursuant to this section, to the extent
18possible, shall:
   19a.  Inform the proposed ward respondent of the effects of the
20order entered for appointment of guardian.
   21b.  Advise the ward respondent of the ward’s respondent’s
22 rights to petition for modification or termination of the
23guardianship.
   24c.  Advise the ward respondent of the rights retained by the
25ward respondent.
   266.  If the court determines that it would be in the ward’s
27
 respondent’s best interest to have legal representation
28with respect to any proceedings in a guardianship or
29conservatorship
, the court may appoint an attorney to represent
30the ward respondent at the expense of the ward respondent or
31the ward’s respondent’s estate, or if the ward respondent
32 is indigent the cost of the court appointed attorney shall
33be assessed against the county in which the proceedings are
34pending.
   357.  If the court determines upon application that it
-13-1is appropriate or necessary, the court may order that the
2attorney appointed pursuant to this section be given copies
3of and access to the proposed ward’s respondent’s health
4information by describing with reasonable specificity the
5health information to be disclosed or accessed, for the purpose
6of fulfilling the attorney’s responsibilities pursuant to this
7section.
8   Sec. 20.  NEW SECTION.  633.562  Appointment and role of court
9visitor.
   101.  If the court determines that the appointment of a court
11visitor would be in the best interest of the respondent,
12the court may appoint a court visitor at the expense of the
13respondent or the respondent’s estate, or, if the respondent
14is indigent, the cost of the court visitor shall be assessed
15against the county in which the proceedings are pending. The
16court may appoint any qualified person as a court visitor in a
17guardianship or conservatorship proceeding.
   182.  The same person shall not serve both as the attorney
19representing the respondent and as court visitor.
   203.  Unless otherwise enlarged or circumscribed by the court,
21the duties of a court visitor with respect to the respondent
22shall include all of the following:
   23a.  Conducting an initial in-person interview with the
24respondent.
   25b.  Explaining to the respondent the substance of the
26petition, the purpose and effect of the guardianship or
27conservatorship proceeding, the rights of the respondent at
28the hearing, and the general powers and duties of a guardian
29or conservator.
   30c.  Determining the views of the respondent regarding the
31proposed guardian or conservator, the proposed guardian’s or
32conservator’s powers and duties, and the scope and duration of
33the proposed guardianship or conservatorship.
   344.  In addition, if directed by the court, the court visitor
35shall:
-14-
   1a.  Interview the petitioner, and if the petitioner is not
2the proposed guardian or conservator, interview the proposed
3guardian or conservator.
   4b.  Visit, to the extent feasible, the residence where it
5is reasonably believed that the respondent will live if the
6appointment of a guardian or conservator is made.
   7c.  Make any other investigation the court directs including
8but not limited to interviewing any persons providing medical,
9mental health, educational, social, and other services to the
10respondent.
   115.  The court visitor shall submit a written report to the
12court that shall contain all of the following:
   13a.  A recommendation regarding the appropriateness of a
14limited guardianship for the respondent, including whether less
15restrictive alternatives are available.
   16b.  A statement of the qualifications of the guardian
17together with a statement of whether the respondent has
18expressed agreement with the appointment of the proposed
19guardian or conservator.
   20c.  Any other matters the court visitor deems relevant to
21the petition for guardianship or conservatorship and the best
22interests of the respondent.
   23d.  Any other matters the court directs.
   246.  The report of the court visitor shall be made part of the
25court record unless otherwise ordered by the court.
26   Sec. 21.  NEW SECTION.  633.563  Court-ordered professional
27evaluation.
   281.  In an adult guardianship or conservatorship proceeding,
29the court may order an evaluation of the decision-making
30capacity and functional abilities and limitations of the
31respondent for the purpose of determining any of the following:
   32a.  Whether the conditions for a guardianship are met
33pursuant to section 633.552, subsection 1.
   34b.  Whether the conditions for a conservatorship are met
35pursuant to section 633.553, subsection 1.
-15-
   1c.  Whether a limited guardianship or conservatorship is
2appropriate.
   32.  If the court orders an evaluation, the evaluation shall
4be conducted by a licensed physician, psychologist, social
5worker, or other individual who is qualified to conduct an
6evaluation appropriate for the respondent being assessed.
   73.  At the request of the respondent, the court shall seal
8the record of the results of the evaluation ordered by the
9court subject to the exceptions in subsection 4.
   104.  The results of the evaluation ordered by the court shall
11be made available to the court and the following:
   12a.  The respondent and the respondent’s attorney.
   13b.  The petitioner and the petitioner’s attorney.
   14c.  A court visitor as described in section 633.562.
   15d.  Other persons for good cause shown for such purposes as
16the court may order.
17   Sec. 22.  NEW SECTION.  633.564  Background check of proposed
18guardian or conservator.
   191.  The court shall request criminal record checks and
20checks of the child abuse, dependent adult abuse, and sexual
21offender registries in this state for all proposed guardians
22and conservators, other than financial institutions with Iowa
23trust powers.
   242.  The court shall review the results of background checks
25in determining the suitability of a proposed guardian or
26conservator for appointment.
   273.  The judicial branch, in conjunction with the department
28of public safety, the department of human services, and the
29state chief information officer, shall establish procedures for
30electronic access to the single contact repository established
31pursuant to section 135C.33 necessary to conduct background
32checks requested under subsection 1.
   334.  The person who files a petition for appointment of
34guardian or conservator shall be responsible for paying the fee
35for the background check conducted through the single contact
-16-1repository established pursuant to section 135C.33.
2   Sec. 23.  NEW SECTION.  633.565  Qualifications and selection
3of guardian or conservator for an adult.
   4The court shall appoint as guardian or conservator any
5qualified and suitable person who is willing to serve as
6guardian or conservator.
7   Sec. 24.  NEW SECTION.  633.567  Appointment of guardian or
8conservator for minor approaching majority on a standby basis.
   9Any adult with an interest in the welfare of a minor who
10is at least seventeen years and six months of age may file
11a verified petition pursuant to section 633.552 or section
12633.553 to initiate a proceeding to appoint a guardian or
13conservator for the minor to take effect on the minor’s
14eighteenth birthday.
15   Sec. 25.  NEW SECTION.  633.569  Emergency appointment of
16temporary guardian or conservator.
   171.  A person authorized to file a petition under section
18633.552, 633.553, or 633.554 may file an application for the
19emergency appointment of a temporary guardian or conservator.
   202.  Such application shall state all of the following:
   21a.  The name and address of the respondent.
   22b.  The name and address of the proposed guardian or
23conservator and the reason the proposed guardian or conservator
24should be selected.
   25c.  The reason the emergency appointment of a temporary
26guardian is sought.
   273.  The court may enter an ex parte order appointing a
28temporary guardian on an emergency basis under this section if
29the court finds that all of the following conditions are met:
   30a.  There is not sufficient time to file a petition and hold
31a hearing pursuant to section 633.552, 633.553, or 633.554.
   32b.  The appointment of a temporary guardian or conservator
33is necessary to avoid immediate or irreparable harm to the
34respondent.
   35c.  There is reason to believe that the basis for appointment
-17-1of guardian or conservator exists under section 633.552,
2633.553, or 633.554.
   34.  Notice of a petition for the appointment of a temporary
4guardian or conservator and the issuance of an ex parte
5order appointing a temporary guardian or conservator shall be
6provided to the respondent, the respondent’s attorney, and any
7other person the court determines should receive notice.
   85.  Upon the issuance of an ex parte order, if the respondent
9is an adult, the respondent may file a request for a hearing.
10If the respondent is a minor, the respondent, a parent having
11legal custody of the respondent, or any other person having
12legal custody of the respondent may file a written request for
13a hearing. Such hearing shall be held no later than seven days
14after the filing of a written request.
   156.  The powers of the temporary guardian or conservator
16set forth in the order of the court shall be limited to those
17necessary to address the emergency situation requiring the
18appointment of a temporary guardian or conservator.
   197.  The temporary guardianship or conservatorship shall
20terminate within thirty days after the order is issued.
21   Sec. 26.  NEW SECTION.  633.570  Notification of guardianship
22and conservatorship powers.
   231.  In a proceeding for the appointment of a guardian, the
24respondent shall be given written notice which advises the
25respondent of the powers that a guardian may exercise without
26court approval pursuant to section 633.635, subsection 2, and
27the powers that the guardian may exercise only with court
28approval pursuant to section 633.635, subsection 3.
   292.  In a proceeding for the appointment of a conservator,
30the respondent shall be given written notice which advises
31the respondent of the powers that a conservator may exercise
32without court approval pursuant to section 633.646 and the
33powers that the guardian may exercise only with court approval
34pursuant to section 633.647.
   353.  If the respondent is an adult, the notice shall
-18-1clearly advise the respondent of the respondent’s rights to
2representation by an attorney and the potential deprivation of
3the respondent’s civil rights. The notice shall also state
4that the respondent may be represented by the respondent’s own
5attorney rather than an attorney appointed by the court. If
6the respondent is an adult, notice shall be served upon the
7respondent with the notice of the filing of the petition as
8provided in section 633.558. If the respondent is a minor,
9notice shall be served upon the respondent with the notice of
10the filing of a petition as provided in section 633.559.
11   Sec. 27.  Section 633.574, Code 2019, is amended to read as
12follows:
   13633.574  Procedure in lieu of conservatorship for a minor.
   14If a conservator has not been appointed for a minor, money
15due a minor or other property to which a minor is entitled,
16not exceeding in the aggregate twenty-five thousand dollars
17in value, shall be paid or delivered to a custodian under any
18uniform transfers to minors Act. The written receipt of the
19custodian constitutes an acquittance of the person making the
20payment of money or delivery of property.
21   Sec. 28.  Section 633.591, Code 2019, is amended to read as
22follows:
   23633.591  Voluntary petition for appointment of conservator —
24standby basis.
   25Any person of full age and sound mind may execute a verified
26petition for the voluntary appointment of a conservator of the
27person’s property upon the express condition that such petition
28shall be acted upon by the court only upon the occurrence of an
29event specified or the existence of a described condition of
30the mental or physical health of the petitioner, the occurrence
31of which event, or the existence of which condition, shall
32be established in the manner directed in the petition. The
33petition, if executed on or after January 1, 1991, shall advise
34the proposed ward respondent of a conservator’s powers as
35provided in section 633.576 633.570.
-19-
1   Sec. 29.  Section 633.634, Code 2019, is amended to read as
2follows:
   3633.634  Combination of voluntary and standby petitions with
4involuntary petition for hearing
.
   5If prior to the time of hearing on a petition for the
6appointment of a guardian or a conservator, a petition is filed
7under the provisions of section 633.556, 633.557, 633.572 or
8633.591, the court shall combine the hearing on such petitions
9and determine who shall be appointed guardian or conservator,
10and such petition shall be triable to the court.
11   Sec. 30.  Section 633.635, Code 2019, is amended to read as
12follows:
   13633.635  Responsibilities of guardian.
   141.  The order by the court appointing a guardian shall state
15the basis for the guardianship pursuant to section 633.552.
   161.    2.  Based upon the evidence produced at the hearing, the
17court may grant a guardian the following powers and duties with
18respect to a protected person
which may be exercised without
19prior court approval:
   20a.  Providing for the care, comfort and maintenance of the
21ward, including the appropriate training and education to
22maximize the ward’s potential
 Making decisions regarding the
23care, maintenance, health, education, welfare, and safety of
24the protected person except as otherwise limited by the court
.
   25b.  Establishing the protected person’s permanent residence
26except as limited by subsection 3.
   27b.    c.  Taking reasonable care of the ward’s protected
28person’s
clothing, furniture, vehicle, and other personal
29effects, and companion animals, assistive animals, assistance
30animals, and service animals
.
   31c.    d.  Assisting the ward protected person in developing
32maximum self-reliance and independence.
   33d.  Ensuring the ward receives necessary emergency medical
34services.
   35e.  Ensuring the ward receives professional care, counseling,
-20-1treatment, or services as needed. If necessitated by the
2physical or mental disability of the ward, the provision of
3professional care, counseling, treatment, or services limited
4to the provision of routine physical and dental examinations
5and procedures under anesthesia is included, if the anesthesia
6is provided within the scope of the health care practitioner’s
7scope of practice
 Consenting to and arranging for medical,
8dental, and other health care treatment and services for the
9protected person except as otherwise limited by subsection 3
.
   10f.  Consenting to and arranging for other needed professional
11services for the protected person.
   12g.  Consenting to and arranging for appropriate training,
13educational, and vocational services for the protected person.
   14h.  Maintaining contact, including through regular visitation
15with the protected person if the protected person does not
16reside with the guardian.
   17f.    i.  Placing Making reasonable efforts to identify and
18facilitate supportive relationships and interactions of the
19protected person with family members and significant other
20persons. The guardian may place
reasonable time, place,
21or manner restrictions on communication, visitation, or
22interaction between the adult ward protected person and another
23person except as otherwise limited by subsection 3.
   24g.    j.  Any other powers or duties the court may specify.
   252.    3.  A guardian may be granted the following powers which
26may only be exercised upon court approval:
   27a.  Changing, at the guardian’s request, the ward’s permanent
28residence if the proposed new residence is more restrictive of
29the ward’s liberties than the current residence
 the protected
30person’s permanent residence to a nursing home, other secure
31facility, or secure portion of a facility that restricts the
32protected person’s ability to leave or have visitors, unless
33advance notice of the change was included in the guardian’s
34initial care plan that was approved by the court
In an
35emergency situation, the court shall review the request for
-21-1approval on an expedited basis.

   2b.  Arranging the provision of major elective surgery or any
3other nonemergency major medical procedure. For the purposes
4of this paragraph, “major elective surgery” and “nonemergency
5major medical procedure”
do not include the provision to the
6ward of professional care, counseling, treatment, or services
7limited to the provision of routine physical and dental
8examinations and procedures under anesthesia, if the use of
9anesthesia is necessitated by the physical or mental disability
10of the ward, and if the anesthesia is provided within the scope
11of the health care practitioner’s scope of practice.

 12Consenting to the following:
   13(1)  The withholding or withdrawal of life-sustaining
14procedures from the protected person in accordance with chapter
15144A.
   16(2)  The performance of an abortion on the protected person.
   17(3)  The sterilization of the protected person.
   18c.  Consent to the withholding or withdrawal of
19life-sustaining procedures in accordance with chapter 144A.
   20d.    c.  Denying all communication, visitation, or interaction
21by an adult ward a protected person with a person with whom
22the adult ward protected person has expressed a desire to
23communicate, visit, or interact or with a person who seeks to
24communicate, visit, or interact with the adult ward protected
25person
. A court shall approve the denial of all communication,
26visitation, or interaction with another person only upon a
27showing of good cause by the guardian.
   283.  For the purposes of this section:
   29a.  “Routine dental examinations and procedures” includes
30preventive services, diagnostic services, restorative services,
31periodontal services, endodontic services, oral surgery,
32prosthetic services, and orthodontic procedures.
   33b.  “Routine physical examinations and procedures” includes
34examinations and procedures performed for the purpose of
35general treatment or diagnosis or for the purpose of treatment
-22-1or diagnosis related to a specific illness, symptom, complaint,
2or injury.
   34.  The court may take into account all available information
4concerning the capabilities of the ward respondent or
5the protected person
and any additional evaluation deemed
6necessary, including the availability of third-party assistance
7to meet the needs of the ward or proposed ward respondent or
8the protected person
, and may direct that the guardian have
9only a specially limited responsibility for the ward protected
10person
. In that event, the court shall state those areas of
11responsibility which shall be supervised by the guardian and
12all others shall be retained by the ward protected person. The
13court may make a finding that the ward protected person lacks
14the capacity to contract a valid marriage.
   155.  From time to time, upon a proper showing, the court may
16modify the respective responsibilities of the guardian and
17the ward protected person, after notice to the ward protected
18person
and an opportunity to be heard. Any modification that
19would be more restrictive or burdensome for the ward protected
20person
shall be based on clear and convincing evidence that the
21ward protected person continues to fall within the categories
22of
 meet the basis for the appointment of a guardian pursuant
23to
section 633.552, subsection 2, paragraph “a” or “b”, and
24that the facts justify a modification of the guardianship.
25Section 633.551 applies to the modification proceedings. Any
26modification that would be less restrictive for the ward
27
 protected person shall be based upon proof in accordance with
28the requirements of section 633.675.
29   Sec. 31.  Section 633.669, Code 2019, is amended to read as
30follows:
   31633.669  Reporting requirements — assistance by clerk.
   321.  A guardian appointed by the court under this chapter
33shall file with the court the following written verified
34reports which shall not be waived by the court:
   35a.  An initial report within sixty days of the guardian’s
-23-1appointment
 care plan filed within sixty days of appointment.
 2The information in the initial care plan shall include but not
3be limited to the following information:

   4(1)  The current residence of the protected person and the
5guardian’s plan for the protected person’s living arrangements.
   6(2)  The guardian’s plan for payment of the protected
7person’s living expenses and other expenses.
   8(3)  The protected person’s health status and health care
9needs, and the guardian’s plan for meeting the protected
10person’s needs for medical, dental, and other health care
11needs.
   12(4)  If applicable, the guardian’s plan for other
13professional services needed by the protected person.
   14(5)  If applicable, the guardian’s plan for meeting the
15educational, training, and vocational needs of the protected
16person.
   17(6)  If applicable, the guardian’s plan for facilitating the
18participation of the protected person in social activities.
   19(7)  The guardian’s plan for facilitating contacts between
20the protected person and the protected person’s family members
21and other significant persons.
   22(8)  The guardian’s plan for contact with, and activities on
23behalf of, the protected person.
   24b.  An annual report, filed within ninety sixty days of
25the close of the reporting period, unless the court otherwise
26orders on good cause shown. The information in the annual
27report shall include but not be limited to the following
28information:

    29(1)  The current living arrangements of the protected
30person.
   31(2)  The sources of payment for the protected person’s living
32expenses and other expenses.
   33(3)  A description, if applicable, of the following:
   34(a)  The protected person’s physical and mental health
35status and the medical, dental, and other professional services
-24-1provided to the protected person.
   2(b)  If applicable, the protected person’s employment status
3and the educational, training, and vocational services provided
4to the protected person.
   5(c)  The contact of the protected person with family members
6and other significant persons.
   7(d)  The nature and extent of the guardian’s visits with, and
8activities on behalf of, the protected person.
   9(4)  The guardian’s recommendation as to the need for
10continuation of the guardianship.
   11(5)  The ability of the guardian to continue as guardian.
   12(6)  The need of the guardian for assistance in providing or
13arranging for the provision of the care and protection of the
14protected person.
   15c.  A final report within thirty days of the termination
16of the guardianship under section 633.675 unless that time is
17extended by the court.
   182.  Reports required by this section must include:
   19a.  The current mental and physical condition of the ward.
   20b.  The present living arrangement of the ward, including a
21description of each residence where the ward has resided during
22the reporting period.
   23c.  A summary of the medical, educational, vocational and
24technical, and other professional services provided for the
25ward.
   26d.  A description of the guardian’s visits with and
27activities on behalf of the ward.
   28e.  A recommendation as to the need for continued
29guardianship.
   30f.  Other information requested by the court or useful in the
31opinion of the guardian.
   323.    2.  The court shall develop a simplified uniform
33reporting form for use in filing the required reports.
   344.    3.  The clerk of the court shall notify the guardian
35in writing of the reporting requirements and shall provide
-25-1information and assistance to the guardian in filing the
2reports.
   35.    4.  Reports of guardians shall be reviewed and approved
4by a district court judge or referee.
   56.  Reports required by this section shall, if requested, be
6served on the attorney appointed to represent the ward in the
7guardianship proceeding and all other parties appearing in the
8proceeding.
9   Sec. 32.  Section 633.670, subsection 1, paragraph b, Code
102019, is amended to read as follows:
   11b.  Written verified reports and accountings which shall not
12be waived by the court
as follows:
   13(1)  An initial financial management plan within sixty days
14after the appointment of the conservator.
   15(1)    (2)  Annually, within ninety days of the close of the
16reporting period, unless the court otherwise orders on good
17cause shown.
   18(2)    (3)  Within thirty days following the date of removal.
   19(3)    (4)  Upon filing resignation and before the resignation
20is accepted by the court.
   21(4)    (5)  Within sixty days following the date of
22termination.
   23(5)    (6)  At other times as the court may order.
24   Sec. 33.  Section 633.675, Code 2019, is amended to read as
25follows:
   26633.675  Cause for termination.
   271.  A guardianship shall cease, and a conservatorship
28shall terminate, upon the occurrence of any of the following
29circumstances:
   30a.  If the ward protected person is a minor, when the ward
31
 protected person reaches full age.
   32b.  The death of the ward protected person.
   33c.  A determination by the court that the ward is no longer
34a person whose decision-making capacity is so impaired as
35to bring the ward within the categories of section 633.552,
-26-1subsection 2, paragraph “a”, or section 633.566, subsection 2,
2paragraph “a”. In a proceeding to terminate a guardianship or
3a conservatorship, the ward shall make a prima facie showing
4that the ward has some decision-making capacity. Once the
5ward has made that showing, the guardian or conservator has
6the burden to prove by clear and convincing evidence that the
7ward’s decision-making capacity is so impaired, as provided
8in section 633.552, subsection 2, paragraph “a”, or section
9633.566, subsection 2, paragraph “a”, that the guardianship or
10conservatorship should not be terminated.
   11d.    c.  Upon determination by the court that the
12conservatorship or guardianship is no longer necessary for any
13other reason.
   142.  Notwithstanding subsection 1, paragraphs “a” through
15“d”, if the court appointed a guardian for a minor child for
16whom the court’s jurisdiction over the child’s guardianship
17was established pursuant to transfer of the child’s case in
18accordance with section 232.101A or 232.104, the court shall
19not enter an order terminating the guardianship before the
20child becomes age eighteen unless the court finds by clear
21and convincing evidence that the best interests of the child
22warrant a return of custody to the child’s parent.
 The
23court shall terminate a guardianship if it finds by clear and
24convincing evidence that the basis for appointing a guardian
25pursuant to section 633.552 is not satisfied.

   263.  The court shall terminate a conservatorship if the court
27finds by clear and convincing evidence that the basis for
28appointing a conservator pursuant to section 633.553 or 633.554
29is not satisfied.
   304.  The standard of proof and the burden of proof to be
31applied in a termination proceeding shall be the same as set
32forth in section 633.551, subsection 2.
33   Sec. 34.  Section 633.717, subsection 8, Code 2019, is
34amended to read as follows:
   358.  The denial by a court of this state of a petition to
-27-1accept a guardianship or conservatorship transferred from
2another state does not affect the ability of the guardian or
3conservator to seek appointment as guardian or conservator in
4this state under section 633.551, 633.552, or 633.566 633.556,
5if the court has jurisdiction to make an appointment other than
6by reason of the provisional order of transfer.
7   Sec. 35.  Section 633B.102, subsections 2 and 6, Code 2019,
8are amended to read as follows:
   92.  “Conservator” or “conservatorship” means a conservator
10appointed or conservatorship established pursuant to sections
11633.570 and 633.572
 section 633.553, 633.554, or 633.567 or a
12similar provision of the laws of another state.
   136.  “Guardian” or “guardianship” means a guardian appointed
14or a guardianship established pursuant to sections 633.556
 15633.552 and 633.560 633.568 or a similar provision of the laws
16of another state.
17   Sec. 36.  Section 633B.108, subsection 1, Code 2019, is
18amended to read as follows:
   191.  Under a power of attorney, a principal may nominate
20a conservator of the principal’s estate or guardian of
21the principal’s person for consideration by the court if
22proceedings for the principal’s estate or person are begun
23after the principal executes the power of attorney. Except
24for good cause shown or disqualification, the court shall make
25its appointment in accordance with the principal’s most recent
26nomination. This section does not prohibit an individual
27from executing a petition for the voluntary appointment of a
28guardian or conservator on a standby basis pursuant to sections
29633.560 633.568 and 633.591.
30   Sec. 37.  REPEAL.  Sections 633.552, 633.554, 633.555,
31633.556, 633.557, 633.558, 633.559, 633.562, 633.566, 633.568,
32633.569, 633.570, 633.572, 633.573, 633.575, and 633.576, Code
332019, are repealed.
34   Sec. 38.  CODE EDITOR’S DIRECTIVE.
   351.  The Code editor is directed to make the following
-28-1transfers:
   2a.  Section 633.560 to 633.568.
   3b.  Section 633.571 to 633.566.
   4c.  Section 633.574 to 633.555.
   52.  The Code editor is directed to make changes in any Code
6sections amended or enacted by any other Act to correspond with
7the changes made in this Act if there appears to be no doubt
8as to the proper method of making the changes and the changes
9would not be contrary to or inconsistent with the purposes of
10this Act or any other Act.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14BACKGROUND. Guardians are persons and entities appointed by
15the court to make decisions for persons regarding the person’s
16care, maintenance, health, education, welfare, and safety.
17Conservators are appointed by the court to make decisions for
18persons regarding management of their financial affairs.
   19This bill amends the Iowa probate code, which provides
20for the opening and administration of guardianships and
21conservatorships for adults and minors. The bill amends
22the provisions governing guardianships for adults and
23conservatorships for adults and minors. The bill deletes
24provisions relating to guardianships for minors. The bill does
25not provide a process for a court to appoint a guardian for a
26minor.
   27TERMINOLOGY. The current Code uses the term “proposed ward”
28to refer to persons alleged to be in need of a guardianship or
29conservatorship, and the term “ward” to refer to a person for
30whom the court has appointed a guardian or conservator. The
31bill substitutes the term “respondent” for the term “proposed
32ward”. The bill substitutes the term “protected person” for
33the term “ward”.
   34BASIS FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR. The bill
35does not alter the current Code requirement for appointment
-29-1of a guardian for an adult. The court must find by clear
2and convincing evidence that the adult has diminished
3decision-making capacity resulting in the adult’s inability to
4care for or protect the adult. The bill also does not alter
5the current Code requirement for appointment of a conservator
6for an adult. The court must find by clear and convincing
7evidence that the adult has diminished decision-making capacity
8resulting in the adult’s inability to manage the adult’s
9financial affairs. The current Code does not set forth the
10substantive criteria that must be met for the appointment of a
11conservator for a minor. The bill requires that the court find
12by a preponderance of evidence that a conservator is needed to
13manage or protect the minor’s funds or other assets.
   14PETITION, NOTICE, AND HEARING. The bill amends and adds
15specific requirements regarding the contents of a guardianship
16or conservatorship petition, notice, and hearing. The bill
17states that the petition must contain a concise statement of
18the factual basis for the petition and a concise statement of
19why there is no less restrictive alternative to the appointment
20of a guardian or conservator. The bill also designates persons
21with an actual or potential interest in a guardianship or
22conservatorship proceeding who must be listed, if known, in the
23petition.
   24ATTORNEY FOR RESPONDENT. The bill retains the current
25Code provision under which the respondent is entitled to be
26represented by a court-appointed attorney if indigent or
27incapable of requesting an attorney. The bill also retains the
28current Code provision describing the responsibilities of the
29attorney representing the respondent.
   30GUARDIAN AD LITEM — COURT VISITOR. The bill clarifies the
31distinction between the appointment and role of the attorney
32for the respondent and the guardian ad litem. In addition,
33the bill substitutes the term “court visitor” for the term
34“guardian ad litem”. The bill provides that a court may, but
35is not required to, appoint any qualified person as a court
-30-1visitor to gather information for the court that the court
2needs to determine whether to grant the petition. The bill
3also provides that the attorney representing the respondent may
4not serve as a court visitor.
   5COURT-ORDERED PROFESSIONAL EVALUATIONS. The bill
6authorizes the court to order a professional evaluation of
7the decision-making capacity and functional abilities and
8limitations of an adult in guardianship and conservatorship
9proceedings for the purpose of determining whether
10to establish, modify, or terminate a guardianship or
11conservatorship and whether a limited guardianship or
12conservatorship is appropriate. The evaluation must be
13conducted by a qualified professional and the results of the
14evaluation are confidential with access limited to specified
15individuals.
   16BACKGROUND CHECKS OF PROPOSED GUARDIANS AND CONSERVATORS.
17 The current Code does not require background checks of
18proposed guardians or conservators. The bill mandates that
19proposed guardians and conservators, other than financial
20institutions, undergo Iowa criminal record checks and checks
21of the Iowa child abuse, dependent adult abuse, and sexual
22offender registries. The bill directs the judicial branch,
23in collaboration with other relevant state agencies, to
24establish procedures for electronic access to the single
25contact repository for the conduct of background checks for a
26minimal fee. The bill gives the court discretion to evaluate
27the relevance of any negative background check information in
28determining the suitability of a person for appointment as a
29guardian or conservator.
   30QUALIFICATIONS FOR APPOINTMENT OF A GUARDIAN OR CONSERVATOR.
31 The bill retains the ability for the court to appoint any
32person as a guardian or conservator who is qualified, suitable,
33and willing to serve in that capacity.
   34EMERGENCY APPOINTMENT OF TEMPORARY GUARDIAN OR CONSERVATOR.
35 The bill authorizes the emergency appointment of a temporary
-31-1guardian. The court may issue an ex parte order appointing
2a temporary guardian on an emergency basis under specified
3limited circumstances.
   4ORDER APPOINTING GUARDIAN AND GUARDIAN’S POWERS, DUTIES,
5AND RESPONSIBILITIES. The bill sets forth the specific powers
6that the guardian may exercise without prior court approval and
7the specific powers that the guardian may exercise only with
8prior court approval. The bill also specifies the duties and
9responsibilities of the guardian.
   10COURT MONITORING OF GUARDIANSHIPS AND CONSERVATORSHIPS.
11 The bill contains provisions relating to the court’s ongoing
12responsibility to monitor guardianships and conservatorships
13to ensure the well-being and protection of persons subject
14to guardianship and conservatorship and to ensure the
15accountability of guardians and conservators. The bill
16provides that guardians must file an initial care plan within
1760 days of appointment for review and approval by the court.
18The bill retains the existing Code requirement that guardians
19thereafter file an annual report describing the protected
20person’s status and needs and the guardian’s activities. The
21bill likewise provides that conservators must file an initial
22financial management report and retains the existing Code
23requirement that conservators thereafter file annual reports
24and accountings.
   25TERMINATION OF GUARDIANSHIPS AND CONSERVATORSHIPS. The
26bill authorizes the court to remove a guardian or conservator
27and appoint a successor guardian or conservator under certain
28circumstances. The bill likewise authorizes the court to
29modify or terminate a guardianship or conservatorship under
30certain circumstances.
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