Print
Senate Study Bill 3131 - IntroducedA Bill ForAn Act 1relating to the initial care plan for minor and adult
2guardianships and the initial plan and inventory for
3adult conservatorships, and including effective date and
4retroactive applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. REPORTS AND POWERS OF GUARDIANS AND CONSERVATORS
2— TRANSITION PROVISIONS.
31. Minor guardianships. Notwithstanding the provisions
4of section 232D.501, subsection 1, paragraph “a”, designating
5a verified initial care plan be filed by the guardian within
6sixty days of appointment, for all minor guardianship cases
7wherein the guardianship was established and the guardian was
8appointed prior to January 1, 2020, the initial care plan
9required by section 232D.501, subsection 1, paragraph “a”,
10shall be filed with the previously scheduled annual report.
11The annual report must comply with the requirements set forth
12in section 232D.501, subsection 1, paragraph “a”. Guardians
13appointed prior to January 1, 2020, have continuing authority
14to perform acts concerning the protected person that were
15authorized prior to January 1, 2020, through the date of the
16guardian’s previously scheduled annual report.
172. Adult guardianships. Notwithstanding the provisions of
18section 633.669, subsection 1, paragraph “a”, designating an
19initial care plan be filed by the guardian within sixty days
20of appointment, for all adult guardianship cases wherein the
21guardianship was established and the guardian was appointed
22prior to January 1, 2020, the initial care plan required by
23section 633.669, subsection 1, paragraph “a”, shall be filed
24with the previously scheduled annual report. The annual report
25must comply with the requirements set forth in section 633.669,
26subsection 1, paragraph “a”. Guardians appointed prior to
27January 1, 2020, have continuing authority to perform acts
28concerning the protected person that were authorized prior to
29January 1, 2020, through the date of the guardian’s previously
30scheduled annual report.
313. Conservatorships. Notwithstanding the provisions of
32section 633.670, subsection 1, paragraph “a”, and section
33633.670, subsection 2, designating an initial plan and
34inventory be filed within ninety days of appointment, for
35all conservatorship cases wherein the conservatorship was
-1-1established and the conservator was appointed prior to
2January 1, 2020, the initial plan required by section 633.670,
3subsection 1, paragraph “a”, and inventory required by section
4633.670, subsection 2, shall be filed with the previously
5scheduled annual report. The annual report must comply with
6the requirements set forth in section 633.670, subsection 3,
7paragraph “a”. Conservators appointed prior to January 1,
82020, have continuing authority to perform acts concerning the
9protected person that were authorized prior to January 1, 2020,
10through the date of the conservator’s previously scheduled
11annual report.
12 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
13importance, takes effect upon enactment.
14 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies
15retroactively to January 1, 2020.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to the initial care plan for minor and
20adult guardianships and the initial plan and inventory for
21conservatorships.
222019 Iowa Acts, chapters 56 and 57, amended the laws
23regarding guardianships and conservatorships, including
24requirements relating to required reports.
25The bill provides that for all guardianship cases wherein
26the guardianship was established and the guardian was appointed
27prior to January 1, 2020, the initial care plan for minors and
28for adults shall be filed with the previously scheduled annual
29report and not within 60 days of the initial appointment as
30specified by 2019 Iowa Acts, chapters 56 and 57, respectively.
31The annual report must comply with Code requirements and
32guardians appointed prior to January 1, 2020, have continuing
33authority to perform acts concerning the protected person that
34were authorized prior to January 1, 2020, through the date of
35the guardian’s previously scheduled annual report.
-2- 1The bill provides that for all conservatorship cases wherein
2the conservatorship was established and the conservator was
3appointed prior to January 1, 2020, the initial plan and
4inventory shall be filed with the previously scheduled annual
5report, and not within 90 days of appointment as specified by
62019 Iowa Acts, chapter 57. The annual report must comply with
7Code requirements and conservators appointed prior to January
81, 2020, have continuing authority to perform acts concerning
9the protected person that were authorized prior to January
101, 2020, through the date of the conservator’s previously
11scheduled annual report.
12The bill takes effect upon enactment and is retroactively
13applicable to January 1, 2020.
-3-as/jh
2guardianships and the initial plan and inventory for
3adult conservatorships, and including effective date and
4retroactive applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. REPORTS AND POWERS OF GUARDIANS AND CONSERVATORS
2— TRANSITION PROVISIONS.
31. Minor guardianships. Notwithstanding the provisions
4of section 232D.501, subsection 1, paragraph “a”, designating
5a verified initial care plan be filed by the guardian within
6sixty days of appointment, for all minor guardianship cases
7wherein the guardianship was established and the guardian was
8appointed prior to January 1, 2020, the initial care plan
9required by section 232D.501, subsection 1, paragraph “a”,
10shall be filed with the previously scheduled annual report.
11The annual report must comply with the requirements set forth
12in section 232D.501, subsection 1, paragraph “a”. Guardians
13appointed prior to January 1, 2020, have continuing authority
14to perform acts concerning the protected person that were
15authorized prior to January 1, 2020, through the date of the
16guardian’s previously scheduled annual report.
172. Adult guardianships. Notwithstanding the provisions of
18section 633.669, subsection 1, paragraph “a”, designating an
19initial care plan be filed by the guardian within sixty days
20of appointment, for all adult guardianship cases wherein the
21guardianship was established and the guardian was appointed
22prior to January 1, 2020, the initial care plan required by
23section 633.669, subsection 1, paragraph “a”, shall be filed
24with the previously scheduled annual report. The annual report
25must comply with the requirements set forth in section 633.669,
26subsection 1, paragraph “a”. Guardians appointed prior to
27January 1, 2020, have continuing authority to perform acts
28concerning the protected person that were authorized prior to
29January 1, 2020, through the date of the guardian’s previously
30scheduled annual report.
313. Conservatorships. Notwithstanding the provisions of
32section 633.670, subsection 1, paragraph “a”, and section
33633.670, subsection 2, designating an initial plan and
34inventory be filed within ninety days of appointment, for
35all conservatorship cases wherein the conservatorship was
-1-1established and the conservator was appointed prior to
2January 1, 2020, the initial plan required by section 633.670,
3subsection 1, paragraph “a”, and inventory required by section
4633.670, subsection 2, shall be filed with the previously
5scheduled annual report. The annual report must comply with
6the requirements set forth in section 633.670, subsection 3,
7paragraph “a”. Conservators appointed prior to January 1,
82020, have continuing authority to perform acts concerning the
9protected person that were authorized prior to January 1, 2020,
10through the date of the conservator’s previously scheduled
11annual report.
12 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
13importance, takes effect upon enactment.
14 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies
15retroactively to January 1, 2020.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to the initial care plan for minor and
20adult guardianships and the initial plan and inventory for
21conservatorships.
222019 Iowa Acts, chapters 56 and 57, amended the laws
23regarding guardianships and conservatorships, including
24requirements relating to required reports.
25The bill provides that for all guardianship cases wherein
26the guardianship was established and the guardian was appointed
27prior to January 1, 2020, the initial care plan for minors and
28for adults shall be filed with the previously scheduled annual
29report and not within 60 days of the initial appointment as
30specified by 2019 Iowa Acts, chapters 56 and 57, respectively.
31The annual report must comply with Code requirements and
32guardians appointed prior to January 1, 2020, have continuing
33authority to perform acts concerning the protected person that
34were authorized prior to January 1, 2020, through the date of
35the guardian’s previously scheduled annual report.
-2- 1The bill provides that for all conservatorship cases wherein
2the conservatorship was established and the conservator was
3appointed prior to January 1, 2020, the initial plan and
4inventory shall be filed with the previously scheduled annual
5report, and not within 90 days of appointment as specified by
62019 Iowa Acts, chapter 57. The annual report must comply with
7Code requirements and conservators appointed prior to January
81, 2020, have continuing authority to perform acts concerning
9the protected person that were authorized prior to January
101, 2020, through the date of the conservator’s previously
11scheduled annual report.
12The bill takes effect upon enactment and is retroactively
13applicable to January 1, 2020.
-3-as/jh