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Senate Study Bill 3038 - IntroducedA Bill ForAn Act 1relating to the opening, administration, and termination
2of adult and minor guardianships and conservatorships, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232D.301, subsection 4, Code 2020, is
2amended to read as follows:
34. The petition shall state whether a limited guardianship
4is appropriate, and whether a conservatorship for the minor is
5needed or already in existence.
6 Sec. 2. Section 232D.302, subsection 2, Code 2020, is
7amended to read as follows:
82. Notice shall be served upon the minor’s known parents
9listed in the petition in accordance with the rules of civil
10procedure. If the parent has not filed a consent to the
11appointment of a guardian, the notice shall inform any parent
12named in the petition that the parent may be entitled to
13representation under the conditions described in section
14232D.304.
15 Sec. 3. Section 232D.305, subsection 1, Code 2020, is
16amended to read as follows:
171. The court may appoint a court visitor for the minor. A
18person is qualified to serve as a court visitor if the person
19has demonstrated sufficient knowledge of guardianships to
20adequately perform the duties in subsection 3.
21 Sec. 4. Section 232D.401, subsections 1 and 2, Code 2020,
22are amended to read as follows:
231. The order by the court appointing a guardian for a minor
24shall state the basis for the order and the date on which the
25first reporting period for the guardianship will end.
262. The order by the court appointing a guardian for a minor
27shall state whether the guardianship is a limited guardianship
28and whether a conservator for the minor exists or a petition
29for a conservatorship has been filed.
30 Sec. 5. Section 232D.401, subsection 3, paragraph e, Code
312020, is amended to read as follows:
32e. Applying for and receiving funds and benefits payable
33for the support of the minor if the minor does not have a
34conservator. If the minor has a conservator, the guardian
35shall notify the conservator at least ten days before applying
-1-1for funds or benefits for the support of the minor.
2 Sec. 6. Section 232D.501, subsection 1, paragraph a, Code
32020, is amended by adding the following new subparagraph:
4 NEW SUBPARAGRAPH. (7) The guardian’s plan, if any, for
5applying for funds or benefits to support the minor.
6 Sec. 7. Section 232D.501, subsection 1, paragraph b, Code
72020, is amended by adding the following new subparagraph:
8 NEW SUBPARAGRAPH. (11) The results of the guardian’s
9efforts to apply for funds or benefits for the minor, and
10an accounting for the use of such funds or benefits by the
11guardian.
12 Sec. 8. Section 232D.501, subsection 4, Code 2020, is
13amended to read as follows:
144. Reports of the guardian shall be reviewed and approved
15by the court. If the total value of funds or benefits retained
16by the guardian for the minor’s benefit exceeds the amount
17specified in section 633.555, the court shall determine whether
18a conservatorship is appropriate for the minor.
19 Sec. 9. Section 633.556, subsection 5, paragraph a, Code
202020, is amended to read as follows:
21a. The name and address of the proposed guardian or
22conservator and the reason the proposed guardian or conservator
23 should be selected.
24 Sec. 10. Section 633.556, subsection 8, Code 2020, is
25amended to read as follows:
268. The A petition for conservator shall provide a brief
27description of the respondent’s alleged functional limitations
28that make the respondent unable to communicate or carry out
29important decisions concerning the respondent’s financial
30affairs. A petition for guardianship shall provide a brief
31description of the respondent’s alleged functional limitations
32that make the respondent unable to provide for the respondent’s
33safety, or to provide for necessities.
34 Sec. 11. Section 633.560, subsection 3, Code 2020, is
35amended to read as follows:
-2- 13. The court shall require the proposed guardian or
2conservator to attend the hearing on the petition but the court
3may excuse the proposed guardian’s or conservator’s attendance
4for good cause shown.
5 Sec. 12. Section 633.561, subsection 1, paragraph a, Code
62020, is amended to read as follows:
7a. If the respondent is an adult and is not the petitioner,
8the respondent is entitled to representation by an attorney.
9Upon the filing of the petition, the court shall appoint an
10attorney to represent the respondent, set a hearing on the
11petition, and provide for notice of the appointment of counsel
12and the date for hearing.
13 Sec. 13. Section 633.561, subsection 4, paragraphs c and f,
14Code 2020, are amended to read as follows:
15c. Ensure that the respondent has been properly advised of
16the respondent’s rights in a guardianship or conservatorship
17 proceeding.
18f. Ensure that the guardianship or conservatorship
19 procedures conform to the statutory and due process
20requirements of Iowa law.
21 Sec. 14. Section 633.561, subsection 5, paragraphs a and b,
22Code 2020, are amended to read as follows:
23a. Inform the respondent of the effects of the order entered
24for appointment of guardian or conservator.
25b. Advise the respondent of the respondent’s rights to
26petition for modification or termination of the guardianship
27or conservatorship.
28 Sec. 15. Section 633.561, subsection 6, Code 2020, is
29amended to read as follows:
306. If the court determines that it would be in the
31respondent’s best interest to have legal representation
32with respect to any further proceedings in a guardianship
33or conservatorship, the court may appoint an attorney to
34represent the respondent at the expense of the respondent or
35the respondent’s estate, or if the respondent is indigent the
-3-1cost of the court appointed attorney shall be assessed against
2the county in which the proceedings are pending.
3 Sec. 16. Section 633.562, subsection 1, Code 2020, is
4amended to read as follows:
51. If the court determines that the appointment of a court
6visitor would be in the best interest of the respondent,
7the court shall appoint a court visitor at the expense
8of the respondent or the respondent’s estate, or, if the
9respondent is indigent, the cost of the court visitor shall
10be assessed against the county in which the proceedings are
11pending. The court may appoint any qualified person as a court
12visitor in a guardianship or conservatorship proceeding. A
13person is qualified to serve in this capacity if the person
14has demonstrated sufficient knowledge of guardianships or
15conservatorships to adequately perform the duties in subsection
163.
17 Sec. 17. Section 633.562, subsection 5, paragraphs a and b,
18Code 2020, are amended to read as follows:
19a. A recommendation regarding the appropriateness of a
20limited guardianship or conservatorship for the respondent,
21including whether less restrictive alternatives are available.
22b. A statement of the qualifications of the guardian or
23conservator together with a statement of whether the respondent
24has expressed agreement with the appointment of the proposed
25guardian or conservator.
26 Sec. 18. Section 633.569, Code 2020, is amended to read as
27follows:
28633.569 Emergency appointment of temporary guardian or
29conservator.
301. A person authorized to file a petition under section
31633.552, 633.553, or 633.554 633.556 or 633.557 may file an
32application for the emergency appointment of a temporary
33guardian or conservator.
342. Such application shall state all of the following:
350a. The name and address of the petitioner and the
-4-1petitioner’s relationship to the respondent.
2a. The name and address of the respondent.
3b. The name and address of the proposed guardian or
4conservator and the reason the proposed guardian or conservator
5should be selected.
60c. The names and addresses, to the extent known, of any
7other persons who must be named in a petition for appointment
8of a guardian or conservator under section 633.556 or 633.557.
9c. The reason the emergency appointment of a temporary
10guardian or conservator is sought.
113. The court may enter an ex parte order appointing a
12temporary guardian or conservator on an emergency basis
13under this section if the court finds by clear and convincing
14evidence that all of the following conditions are met:
15a. There is not sufficient time to file a petition and hold
16a hearing pursuant to section 633.552, 633.553, or 633.554
17 633.556, 633.557, or 633.560.
18b. The appointment of a temporary guardian or conservator
19is necessary to avoid immediate or and irreparable harm to the
20respondent before a hearing with notice to the respondent can
21be held.
22c. There is reason to believe that the basis for appointment
23of guardian or conservator exists under section 633.552,
24633.553, or 633.554.
2504. Immediately on filing of an application for the
26emergency appointment of a temporary guardian or conservator,
27the court shall appoint an attorney to represent the respondent
28in the proceeding.
294. Notice of a petition for the appointment of a temporary
30guardian or conservator and the issuance of an ex parte
31order appointing a temporary guardian or conservator shall be
32provided not later than forty-eight hours after issuance of
33the order of appointment to the respondent, the respondent’s
34attorney, and any other person the court determines should
35receive notice. Notice shall be provided by personal service
-5-1unless otherwise directed by the court.
25. Upon the issuance of an ex parte order, if the respondent
3is an adult, the respondent may file a request for a hearing.
4If the respondent is a minor, the respondent, a parent having
5legal custody of the respondent, or any other person having
6legal custody of the respondent may file a written request for
7a hearing. Such hearing shall be held no later than seven days
8after the filing of a written request. A hearing shall be held
9not more than seven days after the issuance of an ex parte
10order appointing a temporary guardian or conservator.
116. The powers of the temporary guardian or conservator
12set forth in the order of the court shall be limited to those
13necessary to address the emergency situation requiring the
14appointment of a temporary guardian or conservator.
157. The temporary guardianship or conservatorship shall
16terminate within thirty days after the order is issued.
178. The temporary guardian or conservator shall submit any
18report the court requires.
19 Sec. 19. Section 633.570, subsections 1 and 2, Code 2020,
20are amended to read as follows:
211. In a proceeding for the appointment of a guardian, the
22respondent shall be given written notice which advises the
23respondent of the powers that a guardian may exercise without
24court approval pursuant to section 633.635, subsection 2, and
25the powers that the guardian may exercise only with court
26approval pursuant to section 633.635, subsection 3, and the
27pertinent powers the guardian may exercise as a fiduciary.
282. In a proceeding for the appointment of a conservator,
29the respondent shall be given written notice which advises
30the respondent of the powers that a conservator may exercise
31without court approval pursuant to section 633.646, including
32the pertinent powers the conservator may exercise as a
33fiduciary, and the powers that the guardian conservator may
34exercise only with court approval pursuant to section 633.647.
35 Sec. 20. Section 633.635, subsection 1, Code 2020, is
-6-1amended to read as follows:
21. The order by the court appointing a guardian shall state
3the basis for the guardianship pursuant to section 633.552
4and the date on which the first reporting period for the
5guardianship shall end.
6 Sec. 21. Section 633.635, subsection 3, paragraph b, Code
72020, is amended by adding the following new subparagraph:
8 NEW SUBPARAGRAPH. (4) Any major elective surgery or any
9other nonemergency major medical procedure, unless advance
10notice of the procedure was included in the guardian’s initial
11care plan that was approved by the court. For purposes of
12this subparagraph, “major elective surgery” and “nonemergency
13major medical procedure” do not include the provision of
14routine physical and dental examinations and procedures under
15anesthesia, if the use of anesthesia is necessitated by the
16physical or mental disability of the protected person, and if
17the anesthesia is provided within the scope of the health care
18practitioner’s scope of practice.
19 Sec. 22. Section 633.641, subsection 3, Code 2020, is
20amended to read as follows:
213. If a protected person has executed a valid power of
22attorney under chapter 633B, the conservator shall act in
23accordance with the applicable provisions of chapter 633B.
24 If the court appoints a conservator for a protected person
25who has previously executed a valid power of attorney under
26chapter 633B, the power of attorney is suspended unless the
27power of attorney provides otherwise or the court appointing
28the conservator orders that the power of attorney should
29continue. If the power of attorney continues, the agent is
30accountable to the conservator as well as to the principal.
31The power of attorney shall be reinstated upon termination of
32the conservatorship as a result of the principal regaining
33capacity.
34 Sec. 23. Section 633.642, unnumbered paragraph 1, Code
352020, is amended to read as follows:
-7- 1Except as expressly modified in this section, conservators
2shall have the pertinent powers relating to fiduciaries and the
3authority to collect, receive, and receipt for any principal,
4income, or other asset of the protected person. Unless the
5court orders otherwise ordered by the court, a conservator must
6give notice to persons entitled to notice and receive specific
7prior authorization by the court before the conservator may
8take any other action on behalf of the protected person. These
9other powers requiring court approval include the authority of
10the conservator to:
11 Sec. 24. Section 633.669, subsection 1, paragraph a,
12unnumbered paragraph 1, Code 2020, is amended to read as
13follows:
14An initial care plan filed within sixty days of appointment.
15In the case of guardianships established before January 1,
162020, a guardian shall file the plan within sixty days after
17the close of the next reporting period of the guardianship
18following January 1, 2020. The information in the initial
19care plan shall include but not be limited to the following
20information:
21 Sec. 25. Section 633.669, subsection 1, paragraph a,
22subparagraph (7), Code 2020, is amended to read as follows:
23(7) The guardian’s plan for facilitating contacts between
24the protected person and the protected person’s family members
25and other significant persons significant in the life of the
26protected person.
27 Sec. 26. Section 633.669, subsection 1, paragraph a, Code
282020, is amended by adding the following new subparagraph:
29 NEW SUBPARAGRAPH. (9) The guardian shall file an amended
30plan when there has been a significant change in circumstance
31or the guardian seeks to deviate significantly from the plan.
32The guardian must obtain court approval of the amended plan
33before implementing any of its provisions.
34 Sec. 27. Section 633.669, subsection 1, paragraph b,
35unnumbered paragraph 1, Code 2020, is amended to read as
-8-1follows:
2An annual report, filed within sixty days of the close of
3the reporting period, unless the court otherwise orders on
4good cause shown. The information in the annual report shall
5include but not be limited to the following information:
6 Sec. 28. Section 633.670, subsection 1, unnumbered
7paragraph 1, Code 2020, is amended to read as follows:
8A conservator shall file an initial plan for protecting,
9managing, investing, expending, and distributing the assets
10of the conservatorship estate within ninety days after
11appointment. In the case of conservatorships established
12before January 1, 2020, a conservator shall file the plan
13within ninety days after the close of the next reporting period
14ending after January 1, 2020. The plan must be based on the
15needs of the protected person and take into account the best
16interest of the protected person as well as the protected
17person’s preference, values, and prior directions to the extent
18known to, or reasonably ascertainable by, the conservator.
19 Sec. 29. Section 633.670, subsection 1, paragraph a,
20subparagraph (4), Code 2020, is amended by striking the
21subparagraph.
22 Sec. 30. Section 633.670, subsection 1, paragraphs b, c, and
23d, Code 2020, are amended to read as follows:
24b. Within two days after filing the initial plan, the
25 The conservator shall give provide notice of the filing of
26the initial plan with and a copy of the initial plan to the
27protected person, the protected person’s attorney and court
28advisor visitor, if any, and others as directed by the court.
29The notice must state that any person entitled to a copy of
30the plan must file any objections to the plan not later than
31fifteen days after it is filed twenty days from the date of
32mailing notice of filing the initial plan.
33c. At least If no objections have been filed within twenty
34days after the plan has been filed, the court shall review
35and determine whether the plan should be approved or revised,
-9-1after considering objections filed and whether the plan is
2consistent with the conservator’s powers and duties mailing
3notice of filing the initial plan, the conservator shall submit
4a proposed order to the court approving the initial plan.
5Upon the court’s approval of the plan under this subsection,
6the conservator shall provide a copy of the approved plan and
7order approving the plan to the protected person, the protected
8person’s attorney and court visitor, if any, and others as
9directed by the court.
10d. After approval by the court, the conservator shall
11provide a copy of the approved plan and order approving the
12plan to the protected person, the protected person’s attorney
13and court advisor, if any, and others as directed by the court.
14 If any objections to the proposed plan are filed within twenty
15days after the conservator has mailed notice of filing the
16plan, the court shall set the matter for hearing and provide
17notice of the hearing date, time, and place to the same parties
18who were sent copies of the initial plan. Following the
19hearing on the conservator’s proposed plan, the conservator
20shall provide a copy of the approved plan and order approving
21the plan to the protected person, the protected person’s
22attorney and court visitor, if any, and others as directed by
23the court.
24 Sec. 31. Section 633.670, subsection 2, Code 2020, is
25amended to read as follows:
262. A conservator shall file an inventory of the protected
27person’s assets within ninety days after appointment which
28includes an oath or affirmation that the inventory is believed
29to be complete and accurate as far as information permits.
30Copies of the inventory shall be provided to the protected
31person, the protected person’s attorney and court advisor
32 visitor, if any, and others as directed by the court. When
33the conservator receives additional property of the protected
34person, or becomes aware of its existence, a description of the
35property shall be included in the conservator’s next annual
-10-1report.
2 Sec. 32. Section 633.670, subsection 3, paragraph b,
3subparagraph (1), Code 2020, is amended to read as follows:
4(1) On an annual basis within Within sixty days of the end
5of the reporting period unless the court orders an extension
6for good cause shown in accordance with the rules of probate
7procedure.
8 Sec. 33. Section 633.670, subsection 3, paragraph c, Code
92020, is amended to read as follows:
10c. Reports required by this section shall be served on the
11protected person’s attorney and court advisor visitor, if any,
12and the veterans administration if the protected person is
13receiving veterans benefits.
14 Sec. 34. Section 633.675, subsections 2 and 3, Code 2020,
15are amended to read as follows:
162. The court shall terminate a guardianship if it the
17court finds by clear and convincing evidence that the basis
18for appointing a guardian pursuant to section 633.552 is not
19satisfied.
203. The court shall terminate a conservatorship if the court
21finds by clear and convincing evidence that the basis for
22appointing a conservator pursuant to section 633.553 or 633.554
23is not satisfied.
24 Sec. 35. EFFECTIVE DATE. The following, being deemed of
25immediate importance, take effect upon enactment:
261. The sections of this Act amending section 633.669.
272. The sections of this Act amending section 633.670.
28 Sec. 36. RETROACTIVE APPLICABILITY. The following apply
29retroactively to January 1, 2020:
301. The sections of this Act amending section 633.669.
312. The sections of this Act amending section 633.670.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to the opening, administration,
-11-1and termination of adult and minor guardianships and
2conservatorships, and includes effective date and applicability
3provisions.
4The bill provides that a petition for a minor guardianship
5must state whether a minor needs or currently has a
6conservatorship. The bill requires that notice that a petition
7has been filed be given to a parent who has not consented
8to a guardianship and that court may appoint an attorney to
9represent the parent.
10The bill describes who is qualified to serve as a court
11visitor for a minor.
12The bill adds additional report requirements for cases where
13a minor has a conservatorship, requires the guardian to report
14to the district court in the case of minor conservatorships,
15and requires that the reporting period be listed on the report.
16The bill also amends information in a guardian report when
17guardians are authorized to apply for funds or benefits for a
18minor.
19As relates to a petition for an adult guardianship or
20conservatorship, the bill amends several Code sections to
21include both guardians and conservators.
22The bill amends current law to provide that a petition
23must name the proposed guardian or conservator. Further,
24the petition must provide a brief description of the adult’s
25alleged functional limitations which makes the person unable to
26provide for the person’s safety or to provide for necessities.
27The bill describes who is qualified to serve as a court
28visitor for an adult.
29The bill amends the provisions involved in the emergency
30appointment of a temporary guardian or conservator, and
31provides that any person authorized to file a petition for
32guardianship or conservatorship may file for the emergency
33appointment of a guardian or conservator. Prior law only
34authorized a guardian to file an emergency petition.
35The bill provides that conservators have all of the
-12-1pertinent powers of a fiduciary unless limited by the court or
2their personalized financial plan.
3The bill requires that a guardian have a prior court order
4for major elective surgeries or other major nonemergency
5medical procedures outside the initial care plan, and requires
6that the dates of the reporting period should be contained in
7the order.
8The bill provides that if a court appoints a conservator for
9a protected person who has previously executed a valid power of
10attorney, the power of attorney is suspended unless the power
11of attorney provides otherwise or the court appointing the
12conservator orders that the power of attorney should continue.
13Further, if the power of attorney continues, the agent is
14accountable to the conservator, and the power of attorney will
15be reinstated at the termination of the conservatorship as a
16result of the protected person regaining capacity.
17The bill amends reporting requirements for guardians, and
18requires that guardians must obtain court approval prior to any
19significant deviation from the initial care plan filed with the
20court. These changes are immediately effective and retroactive
21to January 1, 2020.
22The bill amends reporting requirements for conservators.
23The conservator must give notice of filing a plan, and if no
24objection is made within 20 days, the conservator must submit
25a proposed order to the court approving the initial plan. If
26there are objections to the plan, the court must set the matter
27for hearing. These changes are immediately effective and
28retroactive to January 1, 2020.
29The bill removes the language “by clear and convincing
30evidence” from the Code section concerning the causes for
31termination of a guardianship or conservatorship.
-13-as/jh
2of adult and minor guardianships and conservatorships, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232D.301, subsection 4, Code 2020, is
2amended to read as follows:
34. The petition shall state whether a limited guardianship
4is appropriate, and whether a conservatorship for the minor is
5needed or already in existence.
6 Sec. 2. Section 232D.302, subsection 2, Code 2020, is
7amended to read as follows:
82. Notice shall be served upon the minor’s known parents
9listed in the petition in accordance with the rules of civil
10procedure. If the parent has not filed a consent to the
11appointment of a guardian, the notice shall inform any parent
12named in the petition that the parent may be entitled to
13representation under the conditions described in section
14232D.304.
15 Sec. 3. Section 232D.305, subsection 1, Code 2020, is
16amended to read as follows:
171. The court may appoint a court visitor for the minor. A
18person is qualified to serve as a court visitor if the person
19has demonstrated sufficient knowledge of guardianships to
20adequately perform the duties in subsection 3.
21 Sec. 4. Section 232D.401, subsections 1 and 2, Code 2020,
22are amended to read as follows:
231. The order by the court appointing a guardian for a minor
24shall state the basis for the order and the date on which the
25first reporting period for the guardianship will end.
262. The order by the court appointing a guardian for a minor
27shall state whether the guardianship is a limited guardianship
28and whether a conservator for the minor exists or a petition
29for a conservatorship has been filed.
30 Sec. 5. Section 232D.401, subsection 3, paragraph e, Code
312020, is amended to read as follows:
32e. Applying for and receiving funds and benefits payable
33for the support of the minor if the minor does not have a
34conservator. If the minor has a conservator, the guardian
35shall notify the conservator at least ten days before applying
-1-1for funds or benefits for the support of the minor.
2 Sec. 6. Section 232D.501, subsection 1, paragraph a, Code
32020, is amended by adding the following new subparagraph:
4 NEW SUBPARAGRAPH. (7) The guardian’s plan, if any, for
5applying for funds or benefits to support the minor.
6 Sec. 7. Section 232D.501, subsection 1, paragraph b, Code
72020, is amended by adding the following new subparagraph:
8 NEW SUBPARAGRAPH. (11) The results of the guardian’s
9efforts to apply for funds or benefits for the minor, and
10an accounting for the use of such funds or benefits by the
11guardian.
12 Sec. 8. Section 232D.501, subsection 4, Code 2020, is
13amended to read as follows:
144. Reports of the guardian shall be reviewed and approved
15by the court. If the total value of funds or benefits retained
16by the guardian for the minor’s benefit exceeds the amount
17specified in section 633.555, the court shall determine whether
18a conservatorship is appropriate for the minor.
19 Sec. 9. Section 633.556, subsection 5, paragraph a, Code
202020, is amended to read as follows:
21a. The name and address of the proposed guardian or
22conservator and the reason the proposed guardian or conservator
23 should be selected.
24 Sec. 10. Section 633.556, subsection 8, Code 2020, is
25amended to read as follows:
268. The A petition for conservator shall provide a brief
27description of the respondent’s alleged functional limitations
28that make the respondent unable to communicate or carry out
29important decisions concerning the respondent’s financial
30affairs. A petition for guardianship shall provide a brief
31description of the respondent’s alleged functional limitations
32that make the respondent unable to provide for the respondent’s
33safety, or to provide for necessities.
34 Sec. 11. Section 633.560, subsection 3, Code 2020, is
35amended to read as follows:
-2- 13. The court shall require the proposed guardian or
2conservator to attend the hearing on the petition but the court
3may excuse the proposed guardian’s or conservator’s attendance
4for good cause shown.
5 Sec. 12. Section 633.561, subsection 1, paragraph a, Code
62020, is amended to read as follows:
7a. If the respondent is an adult and is not the petitioner,
8the respondent is entitled to representation by an attorney.
9Upon the filing of the petition, the court shall appoint an
10attorney to represent the respondent, set a hearing on the
11petition, and provide for notice of the appointment of counsel
12and the date for hearing.
13 Sec. 13. Section 633.561, subsection 4, paragraphs c and f,
14Code 2020, are amended to read as follows:
15c. Ensure that the respondent has been properly advised of
16the respondent’s rights in a guardianship or conservatorship
17 proceeding.
18f. Ensure that the guardianship or conservatorship
19 procedures conform to the statutory and due process
20requirements of Iowa law.
21 Sec. 14. Section 633.561, subsection 5, paragraphs a and b,
22Code 2020, are amended to read as follows:
23a. Inform the respondent of the effects of the order entered
24for appointment of guardian or conservator.
25b. Advise the respondent of the respondent’s rights to
26petition for modification or termination of the guardianship
27or conservatorship.
28 Sec. 15. Section 633.561, subsection 6, Code 2020, is
29amended to read as follows:
306. If the court determines that it would be in the
31respondent’s best interest to have legal representation
32with respect to any further proceedings in a guardianship
33or conservatorship, the court may appoint an attorney to
34represent the respondent at the expense of the respondent or
35the respondent’s estate, or if the respondent is indigent the
-3-1cost of the court appointed attorney shall be assessed against
2the county in which the proceedings are pending.
3 Sec. 16. Section 633.562, subsection 1, Code 2020, is
4amended to read as follows:
51. If the court determines that the appointment of a court
6visitor would be in the best interest of the respondent,
7the court shall appoint a court visitor at the expense
8of the respondent or the respondent’s estate, or, if the
9respondent is indigent, the cost of the court visitor shall
10be assessed against the county in which the proceedings are
11pending. The court may appoint any qualified person as a court
12visitor in a guardianship or conservatorship proceeding. A
13person is qualified to serve in this capacity if the person
14has demonstrated sufficient knowledge of guardianships or
15conservatorships to adequately perform the duties in subsection
163.
17 Sec. 17. Section 633.562, subsection 5, paragraphs a and b,
18Code 2020, are amended to read as follows:
19a. A recommendation regarding the appropriateness of a
20limited guardianship or conservatorship for the respondent,
21including whether less restrictive alternatives are available.
22b. A statement of the qualifications of the guardian or
23conservator together with a statement of whether the respondent
24has expressed agreement with the appointment of the proposed
25guardian or conservator.
26 Sec. 18. Section 633.569, Code 2020, is amended to read as
27follows:
28633.569 Emergency appointment of temporary guardian or
29conservator.
301. A person authorized to file a petition under section
31633.552, 633.553, or 633.554 633.556 or 633.557 may file an
32application for the emergency appointment of a temporary
33guardian or conservator.
342. Such application shall state all of the following:
350a. The name and address of the petitioner and the
-4-1petitioner’s relationship to the respondent.
2a. The name and address of the respondent.
3b. The name and address of the proposed guardian or
4conservator and the reason the proposed guardian or conservator
5should be selected.
60c. The names and addresses, to the extent known, of any
7other persons who must be named in a petition for appointment
8of a guardian or conservator under section 633.556 or 633.557.
9c. The reason the emergency appointment of a temporary
10guardian or conservator is sought.
113. The court may enter an ex parte order appointing a
12temporary guardian or conservator on an emergency basis
13under this section if the court finds by clear and convincing
14evidence that all of the following conditions are met:
15a. There is not sufficient time to file a petition and hold
16a hearing pursuant to section 633.552, 633.553, or 633.554
17 633.556, 633.557, or 633.560.
18b. The appointment of a temporary guardian or conservator
19is necessary to avoid immediate or and irreparable harm to the
20respondent before a hearing with notice to the respondent can
21be held.
22c. There is reason to believe that the basis for appointment
23of guardian or conservator exists under section 633.552,
24633.553, or 633.554.
2504. Immediately on filing of an application for the
26emergency appointment of a temporary guardian or conservator,
27the court shall appoint an attorney to represent the respondent
28in the proceeding.
294. Notice of a petition for the appointment of a temporary
30guardian or conservator and the issuance of an ex parte
31order appointing a temporary guardian or conservator shall be
32provided not later than forty-eight hours after issuance of
33the order of appointment to the respondent, the respondent’s
34attorney, and any other person the court determines should
35receive notice. Notice shall be provided by personal service
-5-1unless otherwise directed by the court.
25. Upon the issuance of an ex parte order, if the respondent
3is an adult, the respondent may file a request for a hearing.
4If the respondent is a minor, the respondent, a parent having
5legal custody of the respondent, or any other person having
6legal custody of the respondent may file a written request for
7a hearing. Such hearing shall be held no later than seven days
8after the filing of a written request. A hearing shall be held
9not more than seven days after the issuance of an ex parte
10order appointing a temporary guardian or conservator.
116. The powers of the temporary guardian or conservator
12set forth in the order of the court shall be limited to those
13necessary to address the emergency situation requiring the
14appointment of a temporary guardian or conservator.
157. The temporary guardianship or conservatorship shall
16terminate within thirty days after the order is issued.
178. The temporary guardian or conservator shall submit any
18report the court requires.
19 Sec. 19. Section 633.570, subsections 1 and 2, Code 2020,
20are amended to read as follows:
211. In a proceeding for the appointment of a guardian, the
22respondent shall be given written notice which advises the
23respondent of the powers that a guardian may exercise without
24court approval pursuant to section 633.635, subsection 2, and
25the powers that the guardian may exercise only with court
26approval pursuant to section 633.635, subsection 3, and the
27pertinent powers the guardian may exercise as a fiduciary.
282. In a proceeding for the appointment of a conservator,
29the respondent shall be given written notice which advises
30the respondent of the powers that a conservator may exercise
31without court approval pursuant to section 633.646, including
32the pertinent powers the conservator may exercise as a
33fiduciary, and the powers that the guardian conservator may
34exercise only with court approval pursuant to section 633.647.
35 Sec. 20. Section 633.635, subsection 1, Code 2020, is
-6-1amended to read as follows:
21. The order by the court appointing a guardian shall state
3the basis for the guardianship pursuant to section 633.552
4and the date on which the first reporting period for the
5guardianship shall end.
6 Sec. 21. Section 633.635, subsection 3, paragraph b, Code
72020, is amended by adding the following new subparagraph:
8 NEW SUBPARAGRAPH. (4) Any major elective surgery or any
9other nonemergency major medical procedure, unless advance
10notice of the procedure was included in the guardian’s initial
11care plan that was approved by the court. For purposes of
12this subparagraph, “major elective surgery” and “nonemergency
13major medical procedure” do not include the provision of
14routine physical and dental examinations and procedures under
15anesthesia, if the use of anesthesia is necessitated by the
16physical or mental disability of the protected person, and if
17the anesthesia is provided within the scope of the health care
18practitioner’s scope of practice.
19 Sec. 22. Section 633.641, subsection 3, Code 2020, is
20amended to read as follows:
213. If a protected person has executed a valid power of
22attorney under chapter 633B, the conservator shall act in
23accordance with the applicable provisions of chapter 633B.
24 If the court appoints a conservator for a protected person
25who has previously executed a valid power of attorney under
26chapter 633B, the power of attorney is suspended unless the
27power of attorney provides otherwise or the court appointing
28the conservator orders that the power of attorney should
29continue. If the power of attorney continues, the agent is
30accountable to the conservator as well as to the principal.
31The power of attorney shall be reinstated upon termination of
32the conservatorship as a result of the principal regaining
33capacity.
34 Sec. 23. Section 633.642, unnumbered paragraph 1, Code
352020, is amended to read as follows:
-7- 1Except as expressly modified in this section, conservators
2shall have the pertinent powers relating to fiduciaries and the
3authority to collect, receive, and receipt for any principal,
4income, or other asset of the protected person. Unless the
5court orders otherwise ordered by the court, a conservator must
6give notice to persons entitled to notice and receive specific
7prior authorization by the court before the conservator may
8take any other action on behalf of the protected person. These
9other powers requiring court approval include the authority of
10the conservator to:
11 Sec. 24. Section 633.669, subsection 1, paragraph a,
12unnumbered paragraph 1, Code 2020, is amended to read as
13follows:
14An initial care plan filed within sixty days of appointment.
15In the case of guardianships established before January 1,
162020, a guardian shall file the plan within sixty days after
17the close of the next reporting period of the guardianship
18following January 1, 2020. The information in the initial
19care plan shall include but not be limited to the following
20information:
21 Sec. 25. Section 633.669, subsection 1, paragraph a,
22subparagraph (7), Code 2020, is amended to read as follows:
23(7) The guardian’s plan for facilitating contacts between
24the protected person and the protected person’s family members
25and other significant persons significant in the life of the
26protected person.
27 Sec. 26. Section 633.669, subsection 1, paragraph a, Code
282020, is amended by adding the following new subparagraph:
29 NEW SUBPARAGRAPH. (9) The guardian shall file an amended
30plan when there has been a significant change in circumstance
31or the guardian seeks to deviate significantly from the plan.
32The guardian must obtain court approval of the amended plan
33before implementing any of its provisions.
34 Sec. 27. Section 633.669, subsection 1, paragraph b,
35unnumbered paragraph 1, Code 2020, is amended to read as
-8-1follows:
2An annual report, filed within sixty days of the close of
3the reporting period, unless the court otherwise orders on
4good cause shown. The information in the annual report shall
5include but not be limited to the following information:
6 Sec. 28. Section 633.670, subsection 1, unnumbered
7paragraph 1, Code 2020, is amended to read as follows:
8A conservator shall file an initial plan for protecting,
9managing, investing, expending, and distributing the assets
10of the conservatorship estate within ninety days after
11appointment. In the case of conservatorships established
12before January 1, 2020, a conservator shall file the plan
13within ninety days after the close of the next reporting period
14ending after January 1, 2020. The plan must be based on the
15needs of the protected person and take into account the best
16interest of the protected person as well as the protected
17person’s preference, values, and prior directions to the extent
18known to, or reasonably ascertainable by, the conservator.
19 Sec. 29. Section 633.670, subsection 1, paragraph a,
20subparagraph (4), Code 2020, is amended by striking the
21subparagraph.
22 Sec. 30. Section 633.670, subsection 1, paragraphs b, c, and
23d, Code 2020, are amended to read as follows:
24b. Within two days after filing the initial plan, the
25 The conservator shall give provide notice of the filing of
26the initial plan with and a copy of the initial plan to the
27protected person, the protected person’s attorney and court
28advisor visitor, if any, and others as directed by the court.
29The notice must state that any person entitled to a copy of
30the plan must file any objections to the plan not later than
31fifteen days after it is filed twenty days from the date of
32mailing notice of filing the initial plan.
33c. At least If no objections have been filed within twenty
34days after the plan has been filed, the court shall review
35and determine whether the plan should be approved or revised,
-9-1after considering objections filed and whether the plan is
2consistent with the conservator’s powers and duties mailing
3notice of filing the initial plan, the conservator shall submit
4a proposed order to the court approving the initial plan.
5Upon the court’s approval of the plan under this subsection,
6the conservator shall provide a copy of the approved plan and
7order approving the plan to the protected person, the protected
8person’s attorney and court visitor, if any, and others as
9directed by the court.
10d. After approval by the court, the conservator shall
11provide a copy of the approved plan and order approving the
12plan to the protected person, the protected person’s attorney
13and court advisor, if any, and others as directed by the court.
14 If any objections to the proposed plan are filed within twenty
15days after the conservator has mailed notice of filing the
16plan, the court shall set the matter for hearing and provide
17notice of the hearing date, time, and place to the same parties
18who were sent copies of the initial plan. Following the
19hearing on the conservator’s proposed plan, the conservator
20shall provide a copy of the approved plan and order approving
21the plan to the protected person, the protected person’s
22attorney and court visitor, if any, and others as directed by
23the court.
24 Sec. 31. Section 633.670, subsection 2, Code 2020, is
25amended to read as follows:
262. A conservator shall file an inventory of the protected
27person’s assets within ninety days after appointment which
28includes an oath or affirmation that the inventory is believed
29to be complete and accurate as far as information permits.
30Copies of the inventory shall be provided to the protected
31person, the protected person’s attorney and court advisor
32 visitor, if any, and others as directed by the court. When
33the conservator receives additional property of the protected
34person, or becomes aware of its existence, a description of the
35property shall be included in the conservator’s next annual
-10-1report.
2 Sec. 32. Section 633.670, subsection 3, paragraph b,
3subparagraph (1), Code 2020, is amended to read as follows:
4(1) On an annual basis within Within sixty days of the end
5of the reporting period unless the court orders an extension
6for good cause shown in accordance with the rules of probate
7procedure.
8 Sec. 33. Section 633.670, subsection 3, paragraph c, Code
92020, is amended to read as follows:
10c. Reports required by this section shall be served on the
11protected person’s attorney and court advisor visitor, if any,
12and the veterans administration if the protected person is
13receiving veterans benefits.
14 Sec. 34. Section 633.675, subsections 2 and 3, Code 2020,
15are amended to read as follows:
162. The court shall terminate a guardianship if it the
17court finds by clear and convincing evidence that the basis
18for appointing a guardian pursuant to section 633.552 is not
19satisfied.
203. The court shall terminate a conservatorship if the court
21finds by clear and convincing evidence that the basis for
22appointing a conservator pursuant to section 633.553 or 633.554
23is not satisfied.
24 Sec. 35. EFFECTIVE DATE. The following, being deemed of
25immediate importance, take effect upon enactment:
261. The sections of this Act amending section 633.669.
272. The sections of this Act amending section 633.670.
28 Sec. 36. RETROACTIVE APPLICABILITY. The following apply
29retroactively to January 1, 2020:
301. The sections of this Act amending section 633.669.
312. The sections of this Act amending section 633.670.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to the opening, administration,
-11-1and termination of adult and minor guardianships and
2conservatorships, and includes effective date and applicability
3provisions.
4The bill provides that a petition for a minor guardianship
5must state whether a minor needs or currently has a
6conservatorship. The bill requires that notice that a petition
7has been filed be given to a parent who has not consented
8to a guardianship and that court may appoint an attorney to
9represent the parent.
10The bill describes who is qualified to serve as a court
11visitor for a minor.
12The bill adds additional report requirements for cases where
13a minor has a conservatorship, requires the guardian to report
14to the district court in the case of minor conservatorships,
15and requires that the reporting period be listed on the report.
16The bill also amends information in a guardian report when
17guardians are authorized to apply for funds or benefits for a
18minor.
19As relates to a petition for an adult guardianship or
20conservatorship, the bill amends several Code sections to
21include both guardians and conservators.
22The bill amends current law to provide that a petition
23must name the proposed guardian or conservator. Further,
24the petition must provide a brief description of the adult’s
25alleged functional limitations which makes the person unable to
26provide for the person’s safety or to provide for necessities.
27The bill describes who is qualified to serve as a court
28visitor for an adult.
29The bill amends the provisions involved in the emergency
30appointment of a temporary guardian or conservator, and
31provides that any person authorized to file a petition for
32guardianship or conservatorship may file for the emergency
33appointment of a guardian or conservator. Prior law only
34authorized a guardian to file an emergency petition.
35The bill provides that conservators have all of the
-12-1pertinent powers of a fiduciary unless limited by the court or
2their personalized financial plan.
3The bill requires that a guardian have a prior court order
4for major elective surgeries or other major nonemergency
5medical procedures outside the initial care plan, and requires
6that the dates of the reporting period should be contained in
7the order.
8The bill provides that if a court appoints a conservator for
9a protected person who has previously executed a valid power of
10attorney, the power of attorney is suspended unless the power
11of attorney provides otherwise or the court appointing the
12conservator orders that the power of attorney should continue.
13Further, if the power of attorney continues, the agent is
14accountable to the conservator, and the power of attorney will
15be reinstated at the termination of the conservatorship as a
16result of the protected person regaining capacity.
17The bill amends reporting requirements for guardians, and
18requires that guardians must obtain court approval prior to any
19significant deviation from the initial care plan filed with the
20court. These changes are immediately effective and retroactive
21to January 1, 2020.
22The bill amends reporting requirements for conservators.
23The conservator must give notice of filing a plan, and if no
24objection is made within 20 days, the conservator must submit
25a proposed order to the court approving the initial plan. If
26there are objections to the plan, the court must set the matter
27for hearing. These changes are immediately effective and
28retroactive to January 1, 2020.
29The bill removes the language “by clear and convincing
30evidence” from the Code section concerning the causes for
31termination of a guardianship or conservatorship.
-13-as/jh