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Senate Study Bill 3006 - IntroducedA Bill ForAn Act 1relating to the administration of adult guardianships
2and conservatorships.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.556, subsections 4, 5, and 8, Code
22020, are amended to read as follows:
34. The petition shall list the name and address of the
4petitioner and the petitioner’s relationship to the respondent.
5 following:
6a. The name and address of the respondent.
7b. The petitioner and the petitioner’s relationship to the
8respondent.
9c. The name and address of the proposed guardian or
10conservator and the reason the proposed guardian or conservator
11should be selected.
125. The petition shall list the name and address, to the
13extent known, of the following:
14a. The name and address of the proposed guardian and the
15reason the proposed guardian should be selected.
16b. a. Any spouse of the respondent.
17c. b. Any adult children of the respondent.
18d. c. Any parents of the respondent.
19e. d. Any adult, who has had the primary care of the
20respondent or with whom the respondent has lived for at least
21six months prior to immediately preceding the filing of the
22petition, or any institution or facility where the respondent
23has resided for at least six months prior to the filing of the
24petition.
25f. e. Any legal representative or representative payee of
26the respondent.
27g. f. Any person designated as an attorney in fact in a
28durable power of attorney for health care which is valid under
29chapter 144B, or any person designated as an agent in a durable
30power of attorney which is valid under chapter 633B.
318. The petition shall provide a brief description of
32the respondent’s alleged functional limitations that make
33the respondent unable to communicate or carry out important
34decisions concerning the respondent’s financial affairs.
35 Sec. 2. Section 633.558, subsection 3, Code 2020, is amended
-1-1to read as follows:
23. Notice of the filing of a petition given to persons under
3subsections subsection 2 and 3 shall include a statement that
4such persons may register to receive notice of the hearing
5on the petition and other proceedings and the manner of such
6registration.
7 Sec. 3. Section 633.561, subsection 4, paragraphs c and f,
8Code 2020, are amended to read as follows:
9c. Ensure that the respondent has been properly advised of
10the respondent’s rights in a guardianship or conservatorship
11 proceeding.
12f. Ensure that the guardianship or conservatorship
13 procedures conform to the statutory and due process
14requirements of Iowa law.
15 Sec. 4. Section 633.561, subsection 5, paragraphs a and b,
16Code 2020, are amended to read as follows:
17a. Inform the respondent of the effects of the order entered
18for appointment of guardian or conservator.
19b. Advise the respondent of the respondent’s rights to
20petition for modification or termination of the guardianship
21or conservatorship.
22 Sec. 5. Section 633.562, subsection 5, paragraphs a and b,
23Code 2020, are amended to read as follows:
24a. A recommendation regarding the appropriateness of a
25limited guardianship or conservatorship for the respondent,
26including whether less restrictive alternatives are available.
27b. A statement of the qualifications of the guardian or
28conservator together with a statement of whether the respondent
29has expressed agreement with the appointment of the proposed
30guardian or conservator.
31 Sec. 6. Section 633.562, Code 2020, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 7. A court visitor shall be discharged
34from all further duties upon appointment of a guardian or
35conservator, unless further ordered by the court. The court
-2-1may order a court visitor to continue to serve if the court
2determines continued service would be in the best interest of
3the protected person. If the court continues the service of
4the court visitor, the court may limit the direct duties of the
5court visitor as the court deems necessary. The court visitor
6shall thereafter continue to serve until discharged by the
7court.
8 Sec. 7. Section 633.563, subsection 7, unnumbered paragraph
91, Code 2020, is amended to read as follows:
10The results of the evaluation ordered by the court shall be
11made available to filed with the court and made available to
12 the following:
13 Sec. 8. Section 633.569, subsections 1, 2, and 3, Code 2020,
14are amended to read as follows:
151. A person authorized to file a petition under section
16633.552, 633.553, or 633.554 633.556 or 633.557 may file an
17application for the emergency appointment of a temporary
18guardian or conservator.
192. Such application shall state all of the following:
20a. The name and address of the respondent.
21b. The name and address of the petitioner.
22b. c. The name and address of the proposed guardian or
23conservator and the reason the proposed guardian or conservator
24should be selected.
25c. d. The reason the emergency appointment of a temporary
26guardian or conservator is sought.
273. The court may enter an ex parte order appointing a
28temporary guardian or conservator on an emergency basis under
29this section if the court finds that all of the following
30conditions are met:
31a. There is not sufficient time to file a petition and hold
32a hearing pursuant to section 633.552, 633.553, or 633.554
33633.556 or 633.557.
34b. The appointment of a temporary guardian or conservator
35is necessary to avoid immediate or irreparable harm to the
-3-1respondent.
2c. There is reason to believe that the basis for appointment
3of guardian or conservator exists under section 633.552,
4633.553, or 633.554 633.556 or 633.557.
5 Sec. 9. Section 633.570, subsections 1 and 2, Code 2020, are
6amended to read as follows:
71. In a proceeding for the appointment of a guardian,
8the respondent shall be given written notice which advises
9the respondent of the powers that that the court may grant
10 a guardian may exercise without court approval pursuant to
11 the powers set out in section 633.635, subsection 2, and the
12powers that the guardian may exercise only with court approval
13pursuant to set out in section 633.635, subsection 3.
142. In a proceeding for the appointment of a conservator,
15the respondent shall be given written notice which advises the
16respondent of the powers that the court may grant a conservator
17may exercise without court approval pursuant to the powers set
18out in section 633.646 and the powers that the guardian may
19exercise only with court approval pursuant to section 633.647
20633.642.
21 Sec. 10. Section 633.635, subsection 2, unnumbered
22paragraph 1, Code 2020, is amended to read as follows:
23Based upon the evidence produced at the hearing, the court
24may grant a guardian the following powers and duties with
25respect to a protected person which may be exercised without
26prior court approval:
27 Sec. 11. Section 633.635, subsection 3, unnumbered
28paragraph 1, Code 2020, is amended to read as follows:
29A Notwithstanding subsection 2, a guardian may be granted
30the following powers which may only be exercised upon court
31approval:
32 Sec. 12. Section 633.642, unnumbered paragraph 1, Code
332020, is amended to read as follows:
34Except as otherwise ordered by the court, and except
35for those powers relating to all fiduciaries as set out in
-4-1sections 633.63 through 633.162 which may be exercised without
2approval of the court unless expressly modified by the court,
3a conservator must give notice to persons entitled to notice
4and receive specific prior authorization by the court before
5the conservator may take any other action on behalf of the
6protected person. These other powers Powers requiring court
7approval include but are not limited to the authority of the
8conservator to:
9 Sec. 13. Section 633.669, subsection 1, Code 2020, is
10amended to read as follows:
111. A guardian appointed by the court under this chapter
12shall file with the court the following written verified
13reports which shall not be waived by the court:
14a. An initial care plan filed within sixty days of
15appointment. The information in the initial care plan shall
16include but not be limited to the following information:
17(01) The age of the protected person, the reasons for the
18protected person’s guardianship, and the highest educational
19level attained by the protected person.
20(1) The current residence of the protected person and the
21guardian’s plan for the protected person’s living arrangements.
22(2) The current sources of payment for the protected
23person’s living expenses and other expenses, and the guardian’s
24plan for payment of the protected person’s living expenses and
25other expenses.
26(3) The protected person’s health status and health care
27needs, and the guardian’s plan for meeting the protected
28person’s needs for medical, dental, and other health care
29needs.
30(3A) A concise description of whether the protected person
31has a living will or health care power of attorney, if any.
32(4) If applicable, the protected person’s need for other
33professional services for mental, behavioral, or emotional
34problems, or other problems, and the guardian’s plan for other
35professional services needed by the protected person.
-5- 1(5) If applicable, a concise statement of the protected
2person’s employment status, the protected person’s need
3for educational, training, or vocational services, and the
4guardian’s plan for meeting the educational, training, and
5vocational needs of the protected person.
6(6) If applicable, the guardian’s plan for facilitating the
7participation of the protected person in social activities.
8(7) The guardian’s plan for facilitating contacts between
9the protected person and the protected person’s family members
10and other significant persons.
11(8) The guardian’s plan for contact with, and activities on
12behalf of, the protected person.
13(9) The powers that the guardian requests to carry out the
14initial care plan.
15b. An annual report, filed within sixty days of the close
16of the reporting period, unless the court otherwise orders on
17good cause shown. The information in the annual report shall
18include but not be limited to the following information:
19(1) The current living arrangements of the protected
20person.
21(2) The sources of payment for the protected person’s living
22expenses and other expenses.
23(3) A description, if applicable, of the following:
24(a) The protected person’s physical and mental health
25status and the medical, dental, and other professional health
26 services provided to the protected person.
27(0b) The protected person’s mental, behavioral, or
28emotional problems, or other problems, and the professional
29services provided the protected person for mental, behavioral,
30or emotional problems, or other problems.
31(b) If applicable, the protected person’s employment status
32and the educational, training, and vocational services provided
33to the protected person.
34(0c) The guardian’s facilitation of the participation of
35the protected person in social activities.
-6- 1(c) The contact of the protected person with family members
2and other significant persons.
3(d) The nature and extent of the guardian’s visits with, and
4activities on behalf of, the protected person.
5(04) The guardian’s changes to the care plan for the
6protected person for the next annual reporting period.
7(004) The powers that the guardian requests to carry out
8the care plan for the protected person for the next annual
9reporting period.
10(4) The guardian’s recommendation as to the need for
11continuation of the guardianship.
12(5) The ability of the guardian to continue as guardian.
13(6) The need of the guardian for assistance in providing or
14arranging for the provision of the care and protection of the
15protected person.
16c. A final report within thirty days of the termination
17of the guardianship under section 633.675 unless that time is
18extended by the court.
19 Sec. 14. Section 633.670, Code 2020, is amended to read as
20follows:
21633.670 Reports by conservators.
221. A conservator appointed by the court under this chapter
23 shall file an with the court a written verified initial
24financial management plan for protecting, managing, investing,
25expending, and distributing the assets of the conservatorship
26estate within ninety days after appointment which shall not be
27waived by the court. The plan must be based on the needs of
28the protected person and take into account the best interest
29of the protected person as well as the protected person’s
30preference, values, and prior directions to the extent known
31to, or reasonably ascertainable by, the conservator.
32a. The initial plan shall include all of the following: The
33initial financial management plan shall state the protected
34person’s age, residence, living arrangements, and sources of
35payment for living expenses.
-7- 1(1) A budget containing projected expenses and resources,
2including an estimate of the total amount of fees the
3conservator anticipates charging per year and a statement or
4list of the amount the conservator proposes to charge for each
5service the conservator anticipates providing to the protected
6person.
7(2) A statement as to how the conservator will involve
8the protected person in decisions about management of the
9conservatorship estate.
10(3) If ordered by the court, any step the conservator plans
11to take to develop or restore the ability of the protected
12person to manage the conservatorship estate.
13(4) An estimate of the duration of the conservatorship.
14b. If applicable, the protected person’s will shall be
15attached to the plan or filed with the court and the protected
16person’s prepaid burial trust and powers of attorney shall be
17described.
18c. The conservator shall include a proposed budget for the
19protected person and budget-related information for the next
20annual reporting period including all of the following:
21(1) The protected person’s receipts and income and
22the projected sources of income including, if applicable,
23wages, social security income, pension and retirement plan
24distribution, veterans’ benefits, rental income, interest
25earnings, and dividends, and the total estimated receipts and
26income.
27(2) The protected person’s liabilities and debts including,
28if applicable, mortgage, car loans, credit card debt, federal,
29state, and property taxes owed and the total estimated
30liabilities and debts; a list and concise explanation of
31any liability or debt owed by the protected person to the
32conservator; a list and concise explanation of the liability of
33any other person for a liability of the protected person.
34(3) The protected person’s estimated expenses on a monthly
35and annual basis including, if applicable, nursing home or
-8-1facility charge, real property expenses for residence, food and
2household expenses, utilities, household help and caregiver
3expenses, health services and health insurance expenses,
4educational and vocational expenses, personal auto and other
5transportation expenses, clothing expenses, personal allowance
6and other personal expenses, liabilities and debts, attorney
7fees and other professional expenses, conservator fees, and
8other administrative expenses.
9d. The conservator shall include a list of the protected
10person’s assets and the conservator’s plan for management
11of these assets including, if applicable, financial
12accounts including checking and certificates of deposit and
13cash, investments including stocks, bonds, mutual funds,
14exchange-traded funds, individual retirement accounts and other
15investment accounts, pension, profit-sharing, annuities, and
16retirement fund, personal property including household goods
17and vehicles, receivables including mortgages and liens payable
18to the protected person’s estate or trust, life insurance, and
19other property.
20e. The conservator shall include a statement as to how the
21conservator will involve the protected person in decisions
22about management of the conservatorship estate.
23f. If ordered by the court, the conservator shall include
24any action the conservator plans to take to develop or
25restore the ability of the protected person to manage the
26conservatorship estate.
27g. The conservator shall include the authority that the
28guardian requests to carry out the initial financial plan
29including expenditures in accordance with the proposed budget
30for the protected person and the plan for the management of the
31assets of the protected person for the next annual reporting
32period.
33b. h. Within two days after filing the initial plan, the
34conservator shall give notice of the filing of the initial plan
35with a copy of the plan to the protected person, the protected
-9-1person’s attorney, if any, and court advisor visitor, if any,
2and others as directed by the court. The notice must state
3that any person entitled to a copy of the plan must file any
4objections to the plan not later than fifteen days after it is
5filed.
6c. i. At least twenty days after the plan has been filed,
7the court shall review and determine whether the plan should
8be approved or revised, after considering objections filed and
9whether the plan is consistent with the conservator’s powers
10and duties.
11d. j. After approval by the court, the conservator shall
12provide a copy of the approved plan and order approving the
13plan to the protected person, the protected person’s attorney,
14if any, and court advisor visitor, if any, and others as
15directed by the court.
16e. k. The conservator shall file an amended plan when
17there has been a significant change in circumstances or the
18conservator seeks to deviate significantly from the plan.
19Before the amended plan is implemented, the provisions for
20court approval of the plan shall be followed as provided in
21paragraphs “b”, “c”, and “d” “h”, “i”, and “j”.
222. A conservator shall file an inventory of the protected
23person’s assets within ninety days after appointment which
24includes an oath or affirmation that the inventory is believed
25to be complete and accurate as far as information permits.
26Copies After approval by the court, the conservator shall
27provide a copy of the inventory shall be provided to the
28protected person, the protected person’s attorney, if any,
29 and court advisor visitor, if any, and others as directed by
30the court. When the conservator receives additional property
31of the protected person, or becomes aware of its existence,
32a description of the property shall be included in the
33conservator’s next annual report.
343. A conservator shall file a written and verified report on
35an annual basis for the period since the end of the preceding
-10-1report period. The court which shall not waive these reports
2 be waived by the court.
3a. These reports shall include all of the following: The
4annual report shall state the age, the residence and the living
5arrangements of the protected person, and sources of payment
6for the protected person’s living expenses during the reporting
7period.
8(1) Balance of funds on hand at the beginning and end of the
9period.
10(2) Disbursements made.
11(3) Changes in the conservator’s plan.
12(4) List of assets as of the end of the period.
13(5) Bond amount and surety’s name.
14(6) Residence and physical location of the protected
15person.
16(7) General physical and mental condition of the protected
17person.
18(8) Other information reflecting the condition of the
19conservatorship estate.
20b. These reports shall be filed: The conservator shall
21submit with the annual report an inventory of the assets of the
22protected person as of the last day of the reporting period
23including the total value of assets at the beginning and end
24of the reporting period.
25(1) On an annual basis within sixty days of the end of the
26reporting period unless the court orders an extension for good
27cause shown in accordance with the rules of probate procedure.
28c. The annual report shall include an itemization of all
29income or funds received and all expenditures made by the
30conservator on behalf of the protected person. If any of
31the expenditures were made to provide support for or pay the
32debts of another person, the annual report shall include an
33explanation of these expenditures. If any of the expenditures
34were made to pay any liability or debt owed by the protected
35person to the conservator, the annual report shall include an
-11-1explanation of these expenditures. If any of the expenditures
2were made to pay any liability or debt that is also owed by
3another person or entity, the annual report shall include an
4explanation of these expenditures.
5d. The annual report shall include the following budget and
6information related to the budget for the protected person:
7(1) A description of changes, if any, made in the budget
8approved by the court for the preceding reporting period.
9(2) A proposed budget and budget-related information for
10the next reporting period containing the information set forth
11in subsection 1, paragraph “c”.
12(3) A request for approval of the proposed budget and
13authority to make expenditures in accordance with the proposed
14budget.
15e. The annual report shall include the following information
16related to the management of the assets of the protected
17person:
18(1) A description of changes, if any, in the plan for
19management of the assets of the protected person approved by
20the court for the preceding reporting period.
21(2) A proposed plan for management of the assets of the
22protected person for the next reporting period.
23(3) A request for approval of the proposed plan for
24management of the assets of the protected person and the
25authority to carry out the plan.
26f. The annual report shall describe, if applicable, how the
27protected person was involved and will be involved in decisions
28about management of assets.
29g. The annual report shall describe, if ordered by the
30court, the actions that have been taken and that will be taken
31by the conservator to develop or restore the ability of the
32protected person to manage the conservatorship’s assets.
33h. The conservator may request court approval of fees
34provided by an attorney on behalf of the conservatorship or the
35protected person during the preceding reporting period.
-12- 1i. The conservator may request court approval of fees
2provided the conservator on behalf of the conservatorship or
3the protected person during the preceding reporting period.
44. The conservator shall file a written verified final
5report with the court as follows:
6(2) a. Within thirty days following removal of the
7conservator.
8(3) b. Upon the conservator’s filing of a resignation and
9before the resignation is accepted by the court.
10(4) c. Within sixty days following the termination of the
11conservatorship.
12(5) d. At other times as ordered by the court.
13c. 5. Reports required by this section shall be served
14on the protected person, the protected person’s attorney and
15court advisor, if any, and the veterans administration if the
16protected person is receiving veterans benefits.
17 Sec. 15. Section 633.675, subsections 2, 3, and 4, Code
182020, are amended to read as follows:
192. The court shall terminate a guardianship for an adult
20 if it finds by clear and convincing evidence that the basis
21for appointing a guardian pursuant to section 633.552 is not
22satisfied.
233. The court shall terminate a conservatorship for an adult
24 if the court finds by clear and convincing evidence that the
25basis for appointing a conservator pursuant to section 633.553
26or 633.554 is not satisfied.
274. The standard of proof and the burden of proof to be
28applied in a termination proceeding to terminate a guardianship
29or conservatorship for an adult shall be the same as set forth
30in section 633.551, subsection 2.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the administration of adult
35guardianships and conservatorships.
-13- 1The bill amends current law to provide that Code sections
2apply to both guardianships and conservatorships of adults.
3The bill provides that a court visitor will be discharged
4upon the appointment of a guardian or conservator unless
5ordered by the court to continue.
6The bill specifies that a court-ordered professional
7evaluation conducted at or before a hearing on a petition for
8the appointment of a guardian or conservator must be filed with
9the court.
10The bill amends language concerning powers which a guardian
11or conservator may be granted that can be exercised without
12further court approval. The bill also amends powers of a
13conservator which require further court approval before being
14exercised.
15The bill amends the information required to be contained in
16a guardian’s written verified reports including the initial
17care plan and annual reports, and information required to be
18included in reports by conservators including the initial
19financial management plan, the annual report, and the final
20report.
-14-as/jh
2and conservatorships.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.556, subsections 4, 5, and 8, Code
22020, are amended to read as follows:
34. The petition shall list the name and address of the
4petitioner and the petitioner’s relationship to the respondent.
5 following:
6a. The name and address of the respondent.
7b. The petitioner and the petitioner’s relationship to the
8respondent.
9c. The name and address of the proposed guardian or
10conservator and the reason the proposed guardian or conservator
11should be selected.
125. The petition shall list the name and address, to the
13extent known, of the following:
14a. The name and address of the proposed guardian and the
15reason the proposed guardian should be selected.
16b. a. Any spouse of the respondent.
17c. b. Any adult children of the respondent.
18d. c. Any parents of the respondent.
19e. d. Any adult, who has had the primary care of the
20respondent or with whom the respondent has lived for at least
21six months prior to immediately preceding the filing of the
22petition, or any institution or facility where the respondent
23has resided for at least six months prior to the filing of the
24petition.
25f. e. Any legal representative or representative payee of
26the respondent.
27g. f. Any person designated as an attorney in fact in a
28durable power of attorney for health care which is valid under
29chapter 144B, or any person designated as an agent in a durable
30power of attorney which is valid under chapter 633B.
318. The petition shall provide a brief description of
32the respondent’s alleged functional limitations that make
33the respondent unable to communicate or carry out important
34decisions concerning the respondent’s financial affairs.
35 Sec. 2. Section 633.558, subsection 3, Code 2020, is amended
-1-1to read as follows:
23. Notice of the filing of a petition given to persons under
3subsections subsection 2 and 3 shall include a statement that
4such persons may register to receive notice of the hearing
5on the petition and other proceedings and the manner of such
6registration.
7 Sec. 3. Section 633.561, subsection 4, paragraphs c and f,
8Code 2020, are amended to read as follows:
9c. Ensure that the respondent has been properly advised of
10the respondent’s rights in a guardianship or conservatorship
11 proceeding.
12f. Ensure that the guardianship or conservatorship
13 procedures conform to the statutory and due process
14requirements of Iowa law.
15 Sec. 4. Section 633.561, subsection 5, paragraphs a and b,
16Code 2020, are amended to read as follows:
17a. Inform the respondent of the effects of the order entered
18for appointment of guardian or conservator.
19b. Advise the respondent of the respondent’s rights to
20petition for modification or termination of the guardianship
21or conservatorship.
22 Sec. 5. Section 633.562, subsection 5, paragraphs a and b,
23Code 2020, are amended to read as follows:
24a. A recommendation regarding the appropriateness of a
25limited guardianship or conservatorship for the respondent,
26including whether less restrictive alternatives are available.
27b. A statement of the qualifications of the guardian or
28conservator together with a statement of whether the respondent
29has expressed agreement with the appointment of the proposed
30guardian or conservator.
31 Sec. 6. Section 633.562, Code 2020, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 7. A court visitor shall be discharged
34from all further duties upon appointment of a guardian or
35conservator, unless further ordered by the court. The court
-2-1may order a court visitor to continue to serve if the court
2determines continued service would be in the best interest of
3the protected person. If the court continues the service of
4the court visitor, the court may limit the direct duties of the
5court visitor as the court deems necessary. The court visitor
6shall thereafter continue to serve until discharged by the
7court.
8 Sec. 7. Section 633.563, subsection 7, unnumbered paragraph
91, Code 2020, is amended to read as follows:
10The results of the evaluation ordered by the court shall be
11made available to filed with the court and made available to
12 the following:
13 Sec. 8. Section 633.569, subsections 1, 2, and 3, Code 2020,
14are amended to read as follows:
151. A person authorized to file a petition under section
16633.552, 633.553, or 633.554 633.556 or 633.557 may file an
17application for the emergency appointment of a temporary
18guardian or conservator.
192. Such application shall state all of the following:
20a. The name and address of the respondent.
21b. The name and address of the petitioner.
22b. c. The name and address of the proposed guardian or
23conservator and the reason the proposed guardian or conservator
24should be selected.
25c. d. The reason the emergency appointment of a temporary
26guardian or conservator is sought.
273. The court may enter an ex parte order appointing a
28temporary guardian or conservator on an emergency basis under
29this section if the court finds that all of the following
30conditions are met:
31a. There is not sufficient time to file a petition and hold
32a hearing pursuant to section 633.552, 633.553, or 633.554
33633.556 or 633.557.
34b. The appointment of a temporary guardian or conservator
35is necessary to avoid immediate or irreparable harm to the
-3-1respondent.
2c. There is reason to believe that the basis for appointment
3of guardian or conservator exists under section 633.552,
4633.553, or 633.554 633.556 or 633.557.
5 Sec. 9. Section 633.570, subsections 1 and 2, Code 2020, are
6amended to read as follows:
71. In a proceeding for the appointment of a guardian,
8the respondent shall be given written notice which advises
9the respondent of the powers that that the court may grant
10 a guardian may exercise without court approval pursuant to
11 the powers set out in section 633.635, subsection 2, and the
12powers that the guardian may exercise only with court approval
13pursuant to set out in section 633.635, subsection 3.
142. In a proceeding for the appointment of a conservator,
15the respondent shall be given written notice which advises the
16respondent of the powers that the court may grant a conservator
17may exercise without court approval pursuant to the powers set
18out in section 633.646 and the powers that the guardian may
19exercise only with court approval pursuant to section 633.647
20633.642.
21 Sec. 10. Section 633.635, subsection 2, unnumbered
22paragraph 1, Code 2020, is amended to read as follows:
23Based upon the evidence produced at the hearing, the court
24may grant a guardian the following powers and duties with
25respect to a protected person which may be exercised without
26prior court approval:
27 Sec. 11. Section 633.635, subsection 3, unnumbered
28paragraph 1, Code 2020, is amended to read as follows:
29A Notwithstanding subsection 2, a guardian may be granted
30the following powers which may only be exercised upon court
31approval:
32 Sec. 12. Section 633.642, unnumbered paragraph 1, Code
332020, is amended to read as follows:
34Except as otherwise ordered by the court, and except
35for those powers relating to all fiduciaries as set out in
-4-1sections 633.63 through 633.162 which may be exercised without
2approval of the court unless expressly modified by the court,
3a conservator must give notice to persons entitled to notice
4and receive specific prior authorization by the court before
5the conservator may take any other action on behalf of the
6protected person. These other powers Powers requiring court
7approval include but are not limited to the authority of the
8conservator to:
9 Sec. 13. Section 633.669, subsection 1, Code 2020, is
10amended to read as follows:
111. A guardian appointed by the court under this chapter
12shall file with the court the following written verified
13reports which shall not be waived by the court:
14a. An initial care plan filed within sixty days of
15appointment. The information in the initial care plan shall
16include but not be limited to the following information:
17(01) The age of the protected person, the reasons for the
18protected person’s guardianship, and the highest educational
19level attained by the protected person.
20(1) The current residence of the protected person and the
21guardian’s plan for the protected person’s living arrangements.
22(2) The current sources of payment for the protected
23person’s living expenses and other expenses, and the guardian’s
24plan for payment of the protected person’s living expenses and
25other expenses.
26(3) The protected person’s health status and health care
27needs, and the guardian’s plan for meeting the protected
28person’s needs for medical, dental, and other health care
29needs.
30(3A) A concise description of whether the protected person
31has a living will or health care power of attorney, if any.
32(4) If applicable, the protected person’s need for other
33professional services for mental, behavioral, or emotional
34problems, or other problems, and the guardian’s plan for other
35professional services needed by the protected person.
-5- 1(5) If applicable, a concise statement of the protected
2person’s employment status, the protected person’s need
3for educational, training, or vocational services, and the
4guardian’s plan for meeting the educational, training, and
5vocational needs of the protected person.
6(6) If applicable, the guardian’s plan for facilitating the
7participation of the protected person in social activities.
8(7) The guardian’s plan for facilitating contacts between
9the protected person and the protected person’s family members
10and other significant persons.
11(8) The guardian’s plan for contact with, and activities on
12behalf of, the protected person.
13(9) The powers that the guardian requests to carry out the
14initial care plan.
15b. An annual report, filed within sixty days of the close
16of the reporting period, unless the court otherwise orders on
17good cause shown. The information in the annual report shall
18include but not be limited to the following information:
19(1) The current living arrangements of the protected
20person.
21(2) The sources of payment for the protected person’s living
22expenses and other expenses.
23(3) A description, if applicable, of the following:
24(a) The protected person’s physical and mental health
25status and the medical, dental, and other professional health
26 services provided to the protected person.
27(0b) The protected person’s mental, behavioral, or
28emotional problems, or other problems, and the professional
29services provided the protected person for mental, behavioral,
30or emotional problems, or other problems.
31(b) If applicable, the protected person’s employment status
32and the educational, training, and vocational services provided
33to the protected person.
34(0c) The guardian’s facilitation of the participation of
35the protected person in social activities.
-6- 1(c) The contact of the protected person with family members
2and other significant persons.
3(d) The nature and extent of the guardian’s visits with, and
4activities on behalf of, the protected person.
5(04) The guardian’s changes to the care plan for the
6protected person for the next annual reporting period.
7(004) The powers that the guardian requests to carry out
8the care plan for the protected person for the next annual
9reporting period.
10(4) The guardian’s recommendation as to the need for
11continuation of the guardianship.
12(5) The ability of the guardian to continue as guardian.
13(6) The need of the guardian for assistance in providing or
14arranging for the provision of the care and protection of the
15protected person.
16c. A final report within thirty days of the termination
17of the guardianship under section 633.675 unless that time is
18extended by the court.
19 Sec. 14. Section 633.670, Code 2020, is amended to read as
20follows:
21633.670 Reports by conservators.
221. A conservator appointed by the court under this chapter
23 shall file an with the court a written verified initial
24financial management plan for protecting, managing, investing,
25expending, and distributing the assets of the conservatorship
26estate within ninety days after appointment which shall not be
27waived by the court. The plan must be based on the needs of
28the protected person and take into account the best interest
29of the protected person as well as the protected person’s
30preference, values, and prior directions to the extent known
31to, or reasonably ascertainable by, the conservator.
32a. The initial plan shall include all of the following: The
33initial financial management plan shall state the protected
34person’s age, residence, living arrangements, and sources of
35payment for living expenses.
-7- 1(1) A budget containing projected expenses and resources,
2including an estimate of the total amount of fees the
3conservator anticipates charging per year and a statement or
4list of the amount the conservator proposes to charge for each
5service the conservator anticipates providing to the protected
6person.
7(2) A statement as to how the conservator will involve
8the protected person in decisions about management of the
9conservatorship estate.
10(3) If ordered by the court, any step the conservator plans
11to take to develop or restore the ability of the protected
12person to manage the conservatorship estate.
13(4) An estimate of the duration of the conservatorship.
14b. If applicable, the protected person’s will shall be
15attached to the plan or filed with the court and the protected
16person’s prepaid burial trust and powers of attorney shall be
17described.
18c. The conservator shall include a proposed budget for the
19protected person and budget-related information for the next
20annual reporting period including all of the following:
21(1) The protected person’s receipts and income and
22the projected sources of income including, if applicable,
23wages, social security income, pension and retirement plan
24distribution, veterans’ benefits, rental income, interest
25earnings, and dividends, and the total estimated receipts and
26income.
27(2) The protected person’s liabilities and debts including,
28if applicable, mortgage, car loans, credit card debt, federal,
29state, and property taxes owed and the total estimated
30liabilities and debts; a list and concise explanation of
31any liability or debt owed by the protected person to the
32conservator; a list and concise explanation of the liability of
33any other person for a liability of the protected person.
34(3) The protected person’s estimated expenses on a monthly
35and annual basis including, if applicable, nursing home or
-8-1facility charge, real property expenses for residence, food and
2household expenses, utilities, household help and caregiver
3expenses, health services and health insurance expenses,
4educational and vocational expenses, personal auto and other
5transportation expenses, clothing expenses, personal allowance
6and other personal expenses, liabilities and debts, attorney
7fees and other professional expenses, conservator fees, and
8other administrative expenses.
9d. The conservator shall include a list of the protected
10person’s assets and the conservator’s plan for management
11of these assets including, if applicable, financial
12accounts including checking and certificates of deposit and
13cash, investments including stocks, bonds, mutual funds,
14exchange-traded funds, individual retirement accounts and other
15investment accounts, pension, profit-sharing, annuities, and
16retirement fund, personal property including household goods
17and vehicles, receivables including mortgages and liens payable
18to the protected person’s estate or trust, life insurance, and
19other property.
20e. The conservator shall include a statement as to how the
21conservator will involve the protected person in decisions
22about management of the conservatorship estate.
23f. If ordered by the court, the conservator shall include
24any action the conservator plans to take to develop or
25restore the ability of the protected person to manage the
26conservatorship estate.
27g. The conservator shall include the authority that the
28guardian requests to carry out the initial financial plan
29including expenditures in accordance with the proposed budget
30for the protected person and the plan for the management of the
31assets of the protected person for the next annual reporting
32period.
33b. h. Within two days after filing the initial plan, the
34conservator shall give notice of the filing of the initial plan
35with a copy of the plan to the protected person, the protected
-9-1person’s attorney, if any, and court advisor visitor, if any,
2and others as directed by the court. The notice must state
3that any person entitled to a copy of the plan must file any
4objections to the plan not later than fifteen days after it is
5filed.
6c. i. At least twenty days after the plan has been filed,
7the court shall review and determine whether the plan should
8be approved or revised, after considering objections filed and
9whether the plan is consistent with the conservator’s powers
10and duties.
11d. j. After approval by the court, the conservator shall
12provide a copy of the approved plan and order approving the
13plan to the protected person, the protected person’s attorney,
14if any, and court advisor visitor, if any, and others as
15directed by the court.
16e. k. The conservator shall file an amended plan when
17there has been a significant change in circumstances or the
18conservator seeks to deviate significantly from the plan.
19Before the amended plan is implemented, the provisions for
20court approval of the plan shall be followed as provided in
21paragraphs “b”, “c”, and “d” “h”, “i”, and “j”.
222. A conservator shall file an inventory of the protected
23person’s assets within ninety days after appointment which
24includes an oath or affirmation that the inventory is believed
25to be complete and accurate as far as information permits.
26Copies After approval by the court, the conservator shall
27provide a copy of the inventory shall be provided to the
28protected person, the protected person’s attorney, if any,
29 and court advisor visitor, if any, and others as directed by
30the court. When the conservator receives additional property
31of the protected person, or becomes aware of its existence,
32a description of the property shall be included in the
33conservator’s next annual report.
343. A conservator shall file a written and verified report on
35an annual basis for the period since the end of the preceding
-10-1report period. The court which shall not waive these reports
2 be waived by the court.
3a. These reports shall include all of the following: The
4annual report shall state the age, the residence and the living
5arrangements of the protected person, and sources of payment
6for the protected person’s living expenses during the reporting
7period.
8(1) Balance of funds on hand at the beginning and end of the
9period.
10(2) Disbursements made.
11(3) Changes in the conservator’s plan.
12(4) List of assets as of the end of the period.
13(5) Bond amount and surety’s name.
14(6) Residence and physical location of the protected
15person.
16(7) General physical and mental condition of the protected
17person.
18(8) Other information reflecting the condition of the
19conservatorship estate.
20b. These reports shall be filed: The conservator shall
21submit with the annual report an inventory of the assets of the
22protected person as of the last day of the reporting period
23including the total value of assets at the beginning and end
24of the reporting period.
25(1) On an annual basis within sixty days of the end of the
26reporting period unless the court orders an extension for good
27cause shown in accordance with the rules of probate procedure.
28c. The annual report shall include an itemization of all
29income or funds received and all expenditures made by the
30conservator on behalf of the protected person. If any of
31the expenditures were made to provide support for or pay the
32debts of another person, the annual report shall include an
33explanation of these expenditures. If any of the expenditures
34were made to pay any liability or debt owed by the protected
35person to the conservator, the annual report shall include an
-11-1explanation of these expenditures. If any of the expenditures
2were made to pay any liability or debt that is also owed by
3another person or entity, the annual report shall include an
4explanation of these expenditures.
5d. The annual report shall include the following budget and
6information related to the budget for the protected person:
7(1) A description of changes, if any, made in the budget
8approved by the court for the preceding reporting period.
9(2) A proposed budget and budget-related information for
10the next reporting period containing the information set forth
11in subsection 1, paragraph “c”.
12(3) A request for approval of the proposed budget and
13authority to make expenditures in accordance with the proposed
14budget.
15e. The annual report shall include the following information
16related to the management of the assets of the protected
17person:
18(1) A description of changes, if any, in the plan for
19management of the assets of the protected person approved by
20the court for the preceding reporting period.
21(2) A proposed plan for management of the assets of the
22protected person for the next reporting period.
23(3) A request for approval of the proposed plan for
24management of the assets of the protected person and the
25authority to carry out the plan.
26f. The annual report shall describe, if applicable, how the
27protected person was involved and will be involved in decisions
28about management of assets.
29g. The annual report shall describe, if ordered by the
30court, the actions that have been taken and that will be taken
31by the conservator to develop or restore the ability of the
32protected person to manage the conservatorship’s assets.
33h. The conservator may request court approval of fees
34provided by an attorney on behalf of the conservatorship or the
35protected person during the preceding reporting period.
-12- 1i. The conservator may request court approval of fees
2provided the conservator on behalf of the conservatorship or
3the protected person during the preceding reporting period.
44. The conservator shall file a written verified final
5report with the court as follows:
6(2) a. Within thirty days following removal of the
7conservator.
8(3) b. Upon the conservator’s filing of a resignation and
9before the resignation is accepted by the court.
10(4) c. Within sixty days following the termination of the
11conservatorship.
12(5) d. At other times as ordered by the court.
13c. 5. Reports required by this section shall be served
14on the protected person, the protected person’s attorney and
15court advisor, if any, and the veterans administration if the
16protected person is receiving veterans benefits.
17 Sec. 15. Section 633.675, subsections 2, 3, and 4, Code
182020, are amended to read as follows:
192. The court shall terminate a guardianship for an adult
20 if it finds by clear and convincing evidence that the basis
21for appointing a guardian pursuant to section 633.552 is not
22satisfied.
233. The court shall terminate a conservatorship for an adult
24 if the court finds by clear and convincing evidence that the
25basis for appointing a conservator pursuant to section 633.553
26or 633.554 is not satisfied.
274. The standard of proof and the burden of proof to be
28applied in a termination proceeding to terminate a guardianship
29or conservatorship for an adult shall be the same as set forth
30in section 633.551, subsection 2.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the administration of adult
35guardianships and conservatorships.
-13- 1The bill amends current law to provide that Code sections
2apply to both guardianships and conservatorships of adults.
3The bill provides that a court visitor will be discharged
4upon the appointment of a guardian or conservator unless
5ordered by the court to continue.
6The bill specifies that a court-ordered professional
7evaluation conducted at or before a hearing on a petition for
8the appointment of a guardian or conservator must be filed with
9the court.
10The bill amends language concerning powers which a guardian
11or conservator may be granted that can be exercised without
12further court approval. The bill also amends powers of a
13conservator which require further court approval before being
14exercised.
15The bill amends the information required to be contained in
16a guardian’s written verified reports including the initial
17care plan and annual reports, and information required to be
18included in reports by conservators including the initial
19financial management plan, the annual report, and the final
20report.
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