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Senate File 2321 - IntroducedA Bill ForAn Act 1relating to the administration of adult and minor
2guardianships and conservatorships, and including effective
3date and retroactive applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232D.103, Code 2020, is amended to read
2as follows:
3232D.103 Jurisdiction.
4The juvenile court has exclusive jurisdiction in a
5guardianship proceeding concerning a minor who is alleged to be
6in need of a guardianship, and guardianships of minors.
7 Sec. 2. Section 232D.105, subsection 1, Code 2020, is
8amended to read as follows:
91. A petition alleging that a minor is in need of a
10conservatorship is not subject to this chapter. Such
11proceedings shall be governed by chapter 633 and may be
12initiated pursuant to section 633.627 633.557.
13 Sec. 3. Section 232D.301, subsection 2, paragraph d,
14subparagraph (3), Code 2020, is amended to read as follows:
15(3) Any adult who has had the primary care of the minor or
16with whom the minor has lived for at least six months prior to
17 immediately preceding the filing of the petition.
18 Sec. 4. Section 232D.302, subsection 2, Code 2020, is
19amended to read as follows:
202. Notice shall be served upon the minor’s known parents
21listed in the petition in accordance with the rules of civil
22procedure. If a parent has not filed an affidavit consenting
23to the appointment of a guardian, the notice shall inform
24the minor’s known parents listed in the petition that the
25parents are entitled to representation if the parents meet the
26conditions of section 232D.304.
27 Sec. 5. Section 232D.401, subsection 3, unnumbered
28paragraph 1, Code 2020, is amended to read as follows:
29An order by the court appointing a guardian for a minor shall
30state the powers granted to the guardian. Except as otherwise
31limited by court order, the court may grant the guardian the
32following powers, which may be exercised without prior court
33approval:
34 Sec. 6. Section 232D.501, subsection 1, paragraph a, Code
352020, is amended by adding the following new subparagraph:
-1-1 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
2applying for and receiving funds and benefits payable for the
3support of the minor.
4 Sec. 7. Section 633.556, subsections 4, 5, and 8, Code 2020,
5are amended to read as follows:
64. The petition shall list the name and address of the
7petitioner and the petitioner’s relationship to the respondent.
8 following:
9a. The name and address of the respondent.
10b. The petitioner and the petitioner’s relationship to the
11respondent.
12c. The name and address of the proposed guardian or
13conservator and the reason the proposed guardian or conservator
14should be selected.
155. The petition shall list the name and address, to the
16extent known, of the following:
17a. The name and address of the proposed guardian and the
18reason the proposed guardian should be selected.
19b. a. Any spouse of the respondent.
20c. b. Any adult children of the respondent.
21d. c. Any parents of the respondent.
22e. d. Any adult, who has had the primary care of the
23respondent or with whom the respondent has lived for at least
24six months prior to immediately preceding the filing of the
25petition, or any institution or facility where the respondent
26has resided for at least six months prior to the filing of the
27petition.
28f. e. Any legal representative or representative payee of
29the respondent.
30g. f. Any person designated as an attorney in fact in a
31durable power of attorney for health care which is valid under
32chapter 144B, or any person designated as an agent in a durable
33power of attorney which is valid under chapter 633B.
348. The petition shall provide a brief description of
35the respondent’s alleged functional limitations that make
-2-1the respondent unable to communicate or carry out important
2decisions concerning the respondent’s financial affairs.
3 Sec. 8. Section 633.558, subsection 3, Code 2020, is amended
4to read as follows:
53. Notice of the filing of a petition given to persons under
6subsections subsection 2 and 3 shall include a statement that
7such persons may register to receive notice of the hearing
8on the petition and other proceedings and the manner of such
9registration.
10 Sec. 9. Section 633.561, subsection 4, paragraphs c and f,
11Code 2020, are amended to read as follows:
12c. Ensure that the respondent has been properly advised of
13the respondent’s rights in a guardianship or conservatorship
14 proceeding.
15f. Ensure that the guardianship or conservatorship
16 procedures conform to the statutory and due process
17requirements of Iowa law.
18 Sec. 10. Section 633.561, subsection 5, paragraphs a and b,
19Code 2020, are amended to read as follows:
20a. Inform the respondent of the effects of the order entered
21for appointment of guardian or conservator.
22b. Advise the respondent of the respondent’s rights to
23petition for modification or termination of the guardianship
24or conservatorship.
25 Sec. 11. Section 633.562, subsection 5, paragraphs a and b,
26Code 2020, are amended to read as follows:
27a. A recommendation regarding the appropriateness of a
28limited guardianship or conservatorship for the respondent,
29including whether less restrictive alternatives are available.
30b. A statement of the qualifications of the guardian or
31conservator together with a statement of whether the respondent
32has expressed agreement with the appointment of the proposed
33guardian or conservator.
34 Sec. 12. Section 633.562, Code 2020, is amended by adding
35the following new subsection:
-3-1 NEW SUBSECTION. 7. A court visitor shall be discharged
2from all further duties upon appointment of a guardian or
3conservator, unless further ordered by the court. The court
4may order a court visitor to continue to serve if the court
5determines continued service would be in the best interest of
6the protected person. If the court continues the service of
7the court visitor, the court may limit the direct duties of the
8court visitor as the court deems necessary. The court visitor
9shall thereafter continue to serve until discharged by the
10court.
11 Sec. 13. Section 633.563, subsection 7, unnumbered
12paragraph 1, Code 2020, is amended to read as follows:
13The results of the evaluation ordered by the court shall be
14made available to filed with the court and made available to
15 the following:
16 Sec. 14. Section 633.569, subsections 1, 2, and 3, Code
172020, are amended to read as follows:
181. A person authorized to file a petition under section
19633.552, 633.553, or 633.554 633.556 or 633.557 may file an
20application for the emergency appointment of a temporary
21guardian or conservator.
222. Such application shall state all of the following:
23a. The name and address of the respondent.
24b. The name and address of the petitioner.
25b. c. The name and address of the proposed guardian or
26conservator and the reason the proposed guardian or conservator
27should be selected.
28c. d. The reason the emergency appointment of a temporary
29guardian or conservator is sought.
303. The court may enter an ex parte order appointing a
31temporary guardian or conservator on an emergency basis under
32this section if the court finds that all of the following
33conditions are met:
34a. There is not sufficient time to file a petition and hold
35a hearing pursuant to section 633.552, 633.553, or 633.554
-4- 1633.556 or 633.557.
2b. The appointment of a temporary guardian or conservator
3is necessary to avoid immediate or irreparable harm to the
4respondent.
5c. There is reason to believe that the basis for appointment
6of guardian or conservator exists under section 633.552,
7633.553, or 633.554 633.556 or 633.557.
8 Sec. 15. Section 633.570, subsections 1 and 2, Code 2020,
9are amended to read as follows:
101. In a proceeding for the appointment of a guardian,
11the respondent shall be given written notice which advises
12the respondent of the powers that that the court may grant
13 a guardian may exercise without court approval pursuant to
14 the powers set out in section 633.635, subsection 2, and the
15powers that the guardian may exercise only with court approval
16pursuant to set out in section 633.635, subsection 3.
172. In a proceeding for the appointment of a conservator,
18the respondent shall be given written notice which advises the
19respondent of the powers that the court may grant a conservator
20may exercise without court approval pursuant to the powers set
21out in section 633.646 and the powers that the guardian may
22exercise only with court approval pursuant to section 633.647
23633.642.
24 Sec. 16. Section 633.635, subsection 2, unnumbered
25paragraph 1, Code 2020, is amended to read as follows:
26Based upon the evidence produced at the hearing, the court
27may grant a guardian the following powers and duties with
28respect to a protected person which may be exercised without
29prior court approval:
30 Sec. 17. Section 633.635, subsection 3, unnumbered
31paragraph 1, Code 2020, is amended to read as follows:
32A Notwithstanding subsection 2, a guardian may be granted
33the following powers which may only be exercised upon court
34approval:
35 Sec. 18. Section 633.642, unnumbered paragraph 1, Code
-5-12020, is amended to read as follows:
2Except as otherwise ordered by the court, and except
3for those powers relating to all fiduciaries as set out in
4sections 633.63 through 633.162 which may be exercised without
5approval of the court unless expressly modified by the court,
6a conservator must give notice to persons entitled to notice
7and receive specific prior authorization by the court before
8the conservator may take any other action on behalf of the
9protected person. These other powers Powers requiring court
10approval include but are not limited to the authority of the
11conservator to:
12 Sec. 19. Section 633.669, subsection 1, Code 2020, is
13amended to read as follows:
141. A guardian appointed by the court under this chapter
15shall file with the court the following written verified
16reports which shall not be waived by the court:
17a. An initial care plan filed within sixty days of
18appointment. The information in the initial care plan shall
19include but not be limited to the following information:
20(01) The age of the protected person, the reasons for the
21protected person’s guardianship, and the highest educational
22level attained by the protected person.
23(1) The current residence of the protected person and the
24guardian’s plan for the protected person’s living arrangements.
25(2) The current sources of payment for the protected
26person’s living expenses and other expenses, and the guardian’s
27plan for payment of the protected person’s living expenses and
28other expenses.
29(3) The protected person’s health status and health care
30needs, and the guardian’s plan for meeting the protected
31person’s needs for medical, dental, and other health care
32needs.
33(3A) A concise description of whether the protected person
34has a living will or health care power of attorney, if any.
35(4) If applicable, the protected person’s need for other
-6-1professional services for mental, behavioral, or emotional
2problems, or other problems, and the guardian’s plan for other
3professional services needed by the protected person.
4(5) If applicable, a concise statement of the protected
5person’s employment status, the protected person’s need
6for educational, training, or vocational services, and the
7guardian’s plan for meeting the educational, training, and
8vocational needs of the protected person.
9(6) If applicable, the guardian’s plan for facilitating the
10participation of the protected person in social activities.
11(7) The guardian’s plan for facilitating contacts between
12the protected person and the protected person’s family members
13and other significant persons.
14(8) The guardian’s plan for contact with, and activities on
15behalf of, the protected person.
16(9) The powers that the guardian requests to carry out the
17initial care plan.
18b. An annual report, filed within sixty days of the close
19of the reporting period, unless the court otherwise orders on
20good cause shown. The information in the annual report shall
21include but not be limited to the following information:
22(1) The current living arrangements of the protected
23person.
24(2) The sources of payment for the protected person’s living
25expenses and other expenses.
26(3) A description, if applicable, of the following:
27(a) The protected person’s physical and mental health
28status and the medical, dental, and other professional health
29 services provided to the protected person.
30(0b) The protected person’s mental, behavioral, or
31emotional problems, or other problems, and the professional
32services provided the protected person for mental, behavioral,
33or emotional problems, or other problems.
34(b) If applicable, the protected person’s employment status
35and the educational, training, and vocational services provided
-7-1to the protected person.
2(0c) The guardian’s facilitation of the participation of
3the protected person in social activities.
4(c) The contact of the protected person with family members
5and other significant persons.
6(d) The nature and extent of the guardian’s visits with, and
7activities on behalf of, the protected person.
8(04) The guardian’s changes to the care plan for the
9protected person for the next annual reporting period.
10(004) The powers that the guardian requests to carry out
11the care plan for the protected person for the next annual
12reporting period.
13(4) The guardian’s recommendation as to the need for
14continuation of the guardianship.
15(5) The ability of the guardian to continue as guardian.
16(6) The need of the guardian for assistance in providing or
17arranging for the provision of the care and protection of the
18protected person.
19c. A final report within thirty days of the termination
20of the guardianship under section 633.675 unless that time is
21extended by the court.
22 Sec. 20. Section 633.670, Code 2020, is amended to read as
23follows:
24633.670 Reports by conservators.
251. A conservator appointed by the court under this chapter
26 shall file an with the court a written verified initial
27financial management plan for protecting, managing, investing,
28expending, and distributing the assets of the conservatorship
29estate within ninety days after appointment which shall not be
30waived by the court. The plan must be based on the needs of
31the protected person and take into account the best interest
32of the protected person as well as the protected person’s
33preference, values, and prior directions to the extent known
34to, or reasonably ascertainable by, the conservator.
35a. The initial plan shall include all of the following: The
-8-1initial financial management plan shall state the protected
2person’s age, residence, living arrangements, and sources of
3payment for living expenses.
4(1) A budget containing projected expenses and resources,
5including an estimate of the total amount of fees the
6conservator anticipates charging per year and a statement or
7list of the amount the conservator proposes to charge for each
8service the conservator anticipates providing to the protected
9person.
10(2) A statement as to how the conservator will involve
11the protected person in decisions about management of the
12conservatorship estate.
13(3) If ordered by the court, any step the conservator plans
14to take to develop or restore the ability of the protected
15person to manage the conservatorship estate.
16(4) An estimate of the duration of the conservatorship.
17b. If applicable, the protected person’s will shall be
18attached to the plan or filed with the court and the protected
19person’s prepaid burial trust and powers of attorney shall be
20described.
21c. The conservator shall include a proposed budget for the
22protected person and budget-related information for the next
23annual reporting period including all of the following:
24(1) The protected person’s receipts and income and
25the projected sources of income including, if applicable,
26wages, social security income, pension and retirement plan
27distribution, veterans’ benefits, rental income, interest
28earnings, and dividends, and the total estimated receipts and
29income.
30(2) The protected person’s liabilities and debts including,
31if applicable, mortgage, car loans, credit card debt, federal,
32state, and property taxes owed and the total estimated
33liabilities and debts; a list and concise explanation of
34any liability or debt owed by the protected person to the
35conservator; a list and concise explanation of the liability of
-9-1any other person for a liability of the protected person.
2(3) The protected person’s estimated expenses on a monthly
3and annual basis including, if applicable, nursing home or
4facility charge, real property expenses for residence, food and
5household expenses, utilities, household help and caregiver
6expenses, health services and health insurance expenses,
7educational and vocational expenses, personal auto and other
8transportation expenses, clothing expenses, personal allowance
9and other personal expenses, liabilities and debts, attorney
10fees and other professional expenses, conservator fees, and
11other administrative expenses.
12d. The conservator shall include a list of the protected
13person’s assets and the conservator’s plan for management
14of these assets including, if applicable, financial
15accounts including checking and certificates of deposit and
16cash, investments including stocks, bonds, mutual funds,
17exchange-traded funds, individual retirement accounts and other
18investment accounts, pension, profit-sharing, annuities, and
19retirement fund, personal property including household goods
20and vehicles, receivables including mortgages and liens payable
21to the protected person’s estate or trust, life insurance, and
22other property.
23e. The conservator shall include a statement as to how the
24conservator will involve the protected person in decisions
25about management of the conservatorship estate.
26f. If ordered by the court, the conservator shall include
27any action the conservator plans to take to develop or
28restore the ability of the protected person to manage the
29conservatorship estate.
30g. The conservator shall include the authority that the
31guardian requests to carry out the initial financial plan
32including expenditures in accordance with the proposed budget
33for the protected person and the plan for the management of the
34assets of the protected person for the next annual reporting
35period.
-10- 1b. h. Within two days after filing the initial plan, the
2conservator shall give notice of the filing of the initial plan
3with a copy of the plan to the protected person, the protected
4person’s attorney, if any, and court advisor visitor, if any,
5and others as directed by the court. The notice must state
6that any person entitled to a copy of the plan must file any
7objections to the plan not later than fifteen days after it is
8filed.
9c. i. At least twenty days after the plan has been filed,
10the court shall review and determine whether the plan should
11be approved or revised, after considering objections filed and
12whether the plan is consistent with the conservator’s powers
13and duties.
14d. j. After approval by the court, the conservator shall
15provide a copy of the approved plan and order approving the
16plan to the protected person, the protected person’s attorney,
17if any, and court advisor visitor, if any, and others as
18directed by the court.
19e. k. The conservator shall file an amended plan when
20there has been a significant change in circumstances or the
21conservator seeks to deviate significantly from the plan.
22Before the amended plan is implemented, the provisions for
23court approval of the plan shall be followed as provided in
24paragraphs “b”, “c”, and “d” “h”, “i”, and “j”.
252. A conservator shall file an inventory of the protected
26person’s assets within ninety days after appointment which
27includes an oath or affirmation that the inventory is believed
28to be complete and accurate as far as information permits.
29Copies After approval by the court, the conservator shall
30provide a copy of the inventory shall be provided to the
31protected person, the protected person’s attorney, if any,
32 and court advisor visitor, if any, and others as directed by
33the court. When the conservator receives additional property
34of the protected person, or becomes aware of its existence,
35a description of the property shall be included in the
-11-1conservator’s next annual report.
23. A conservator shall file a written and verified report on
3an annual basis for the period since the end of the preceding
4report period. The court which shall not waive these reports
5 be waived by the court.
6a. These reports shall include all of the following: The
7annual report shall state the age, the residence and the living
8arrangements of the protected person, and sources of payment
9for the protected person’s living expenses during the reporting
10period.
11(1) Balance of funds on hand at the beginning and end of the
12period.
13(2) Disbursements made.
14(3) Changes in the conservator’s plan.
15(4) List of assets as of the end of the period.
16(5) Bond amount and surety’s name.
17(6) Residence and physical location of the protected
18person.
19(7) General physical and mental condition of the protected
20person.
21(8) Other information reflecting the condition of the
22conservatorship estate.
23b. These reports shall be filed: The conservator shall
24submit with the annual report an inventory of the assets of the
25protected person as of the last day of the reporting period
26including the total value of assets at the beginning and end
27of the reporting period.
28(1) On an annual basis within sixty days of the end of the
29reporting period unless the court orders an extension for good
30cause shown in accordance with the rules of probate procedure.
31c. The annual report shall include an itemization of all
32income or funds received and all expenditures made by the
33conservator on behalf of the protected person. If any of
34the expenditures were made to provide support for or pay the
35debts of another person, the annual report shall include an
-12-1explanation of these expenditures. If any of the expenditures
2were made to pay any liability or debt owed by the protected
3person to the conservator, the annual report shall include an
4explanation of these expenditures. If any of the expenditures
5were made to pay any liability or debt that is also owed by
6another person or entity, the annual report shall include an
7explanation of these expenditures.
8d. The annual report shall include the following budget and
9information related to the budget for the protected person:
10(1) A description of changes, if any, made in the budget
11approved by the court for the preceding reporting period.
12(2) A proposed budget and budget-related information for
13the next reporting period containing the information set forth
14in subsection 1, paragraph “c”.
15(3) A request for approval of the proposed budget and
16authority to make expenditures in accordance with the proposed
17budget.
18e. The annual report shall include the following information
19related to the management of the assets of the protected
20person:
21(1) A description of changes, if any, in the plan for
22management of the assets of the protected person approved by
23the court for the preceding reporting period.
24(2) A proposed plan for management of the assets of the
25protected person for the next reporting period.
26(3) A request for approval of the proposed plan for
27management of the assets of the protected person and the
28authority to carry out the plan.
29f. The annual report shall describe, if applicable, how the
30protected person was involved and will be involved in decisions
31about management of assets.
32g. The annual report shall describe, if ordered by the
33court, the actions that have been taken and that will be taken
34by the conservator to develop or restore the ability of the
35protected person to manage the conservatorship’s assets.
-13- 1h. The conservator may request court approval of fees
2provided by an attorney on behalf of the conservatorship or the
3protected person during the preceding reporting period.
4i. The conservator may request court approval of fees
5provided the conservator on behalf of the conservatorship or
6the protected person during the preceding reporting period.
74. The conservator shall file a written verified final
8report with the court as follows:
9(2) a. Within thirty days following removal of the
10conservator.
11(3) b. Upon the conservator’s filing of a resignation and
12before the resignation is accepted by the court.
13(4) c. Within sixty days following the termination of the
14conservatorship.
15(5) d. At other times as ordered by the court.
16c. 5. Reports required by this section shall be served
17on the protected person, the protected person’s attorney and
18court advisor, if any, and the veterans administration if the
19protected person is receiving veterans benefits.
20 Sec. 21. Section 633.675, subsections 2, 3, and 4, Code
212020, are amended to read as follows:
222. The court shall terminate a guardianship for an adult
23 if it finds by clear and convincing evidence that the basis
24for appointing a guardian pursuant to section 633.552 is not
25satisfied.
263. The court shall terminate a conservatorship for an adult
27 if the court finds by clear and convincing evidence that the
28basis for appointing a conservator pursuant to section 633.553
29or 633.554 is not satisfied.
304. The standard of proof and the burden of proof to be
31applied in a termination proceeding to terminate a guardianship
32or conservatorship for an adult shall be the same as set forth
33in section 633.551, subsection 2.
34 Sec. 22. REPORTS AND POWERS OF GUARDIANS AND CONSERVATORS —
35TRANSITION PROVISIONS.
-14- 11. Minor guardianships. Notwithstanding the provisions
2of section 232D.501, subsection 1, paragraph “a”, designating
3a verified initial care plan be filed by the guardian within
4sixty days of appointment, for all minor guardianship cases
5wherein the guardianship was established and the guardian was
6appointed prior to January 1, 2020, the initial care plan
7required by section 232D.501, subsection 1, paragraph “a”,
8shall be filed with the previously scheduled annual report.
9The annual report must comply with the requirements set forth
10in section 232D.501, subsection 1, paragraph “a”. Guardians
11appointed prior to January 1, 2020, have continuing authority
12to perform acts concerning the protected person that were
13authorized prior to January 1, 2020, through the date of the
14guardian’s previously scheduled annual report.
152. Adult guardianships. Notwithstanding the provisions of
16section 633.669, subsection 1, paragraph “a”, designating an
17initial care plan be filed by the guardian within sixty days
18of appointment, for all adult guardianship cases wherein the
19guardianship was established and the guardian was appointed
20prior to January 1, 2020, the initial care plan required by
21section 633.669, subsection 1, paragraph “a”, shall be filed
22with the previously scheduled annual report. The annual report
23must comply with the requirements set forth in section 633.669,
24subsection 1, paragraph “a”. Guardians appointed prior to
25January 1, 2020, have continuing authority to perform acts
26concerning the protected person that were authorized prior to
27January 1, 2020, through the date of the guardian’s previously
28scheduled annual report.
293. Conservatorships. Notwithstanding the provisions of
30section 633.670, subsection 1, paragraph “a”, and section
31633.670, subsection 2, designating an initial plan and
32inventory be filed within ninety days of appointment, for
33all conservatorship cases wherein the conservatorship was
34established and the conservator was appointed prior to
35January 1, 2020, the initial plan required by section 633.670,
-15-1subsection 1, paragraph “a”, and inventory required by section
2633.670, subsection 2, shall be filed with the previously
3scheduled annual report. The annual report must comply with
4the requirements set forth in section 633.670, subsection 3,
5paragraph “a”. Conservators appointed prior to January 1,
62020, have continuing authority to perform acts concerning the
7protected person that were authorized prior to January 1, 2020,
8through the date of the conservator’s previously scheduled
9annual report.
10 Sec. 23. EFFECTIVE DATE. The following, being deemed of
11immediate importance, takes effect upon enactment:
12The section of this Act relating to transition provisions
13for reports and powers of guardians and conservators.
14 Sec. 24. RETROACTIVE APPLICABILITY. The following applies
15retroactively to January 1, 2020:
16The section of this Act relating to transition provisions
17for reports and powers of guardians and conservators.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the administration of adult and minor
22guardianships and conservatorships, and includes effective date
23and retroactive applicability provisions.
24Under current law, the juvenile court has exclusive
25jurisdiction of guardianship proceedings. The bill provides
26that the juvenile court also has exclusive jurisdiction over
27guardianships of minors.
28The bill changes a Code reference for a petition to appoint a
29conservator for a minor.
30The bill provides that notice of a guardianship proceeding
31must be given to any adult with whom the minor has lived for the
32six months immediately preceding the filing of the petition.
33The bill further provides that if a minor’s known parents
34have not consented to the appointment of a guardian, the notice
35of the filing of a guardianship petition shall inform the known
-16-1parents that they are entitled to representation if they meet
2the conditions in Code section 232D.304.
3The bill strikes a reference to “without prior court
4approval” in a Code section listing powers a court may grant
5to a guardian.
6The bill also directs that the initial verified care plan
7must include the guardian’s plan for applying and receiving
8funds and benefits for the support of the minor.
9The bill amends current law to provide that Code sections
10apply to both guardianships and conservatorships of adults.
11The bill provides that a court visitor will be discharged
12upon the appointment of a guardian or conservator unless
13ordered by the court to continue.
14The bill specifies that a court-ordered professional
15evaluation conducted at or before a hearing on a petition for
16the appointment of a guardian or conservator must be filed with
17the court.
18The bill amends language concerning powers which a guardian
19or conservator may be granted that can be exercised without
20further court approval. The bill also amends powers of a
21conservator which require further court approval before being
22exercised.
23The bill amends the information required to be contained in
24a guardian’s written verified reports including the initial
25care plan and annual reports, and information required to be
26included in reports by conservators including the initial
27financial management plan, the annual report, and the final
28report.
292019 Iowa Acts, chapters 56 and 57, amended the laws
30regarding guardianships and conservatorships, including
31requirements relating to required reports.
32The bill provides that for all guardianship cases wherein
33the guardianship was established and the guardian was appointed
34prior to January 1, 2020, the initial care plan for minors and
35for adults shall be filed with the previously scheduled annual
-17-1report and not within 60 days of the initial appointment as
2specified by 2019 Iowa Acts, chapters 56 and 57, respectively.
3The annual report must comply with Code requirements and
4guardians appointed prior to January 1, 2020, have continuing
5authority to perform acts concerning the protected person
6that were authorized prior to January 1, 2020, through the
7date of the guardian’s previously scheduled annual report.
8This provision of the bill takes effect upon enactment and is
9retroactively applicable to January 1, 2020.
10The bill provides that for all conservatorship cases wherein
11the conservatorship was established and the conservator was
12appointed prior to January 1, 2020, the initial plan and
13inventory shall be filed with the previously scheduled annual
14report, and not within 90 days of appointment as specified by
152019 Iowa Acts, chapter 57. The annual report must comply
16with Code requirements and conservators appointed prior to
17January 1, 2020, have continuing authority to perform acts
18concerning the protected person that were authorized prior
19to January 1, 2020, through the date of the conservator’s
20previously scheduled annual report. This provision of the bill
21takes effect upon enactment and is retroactively applicable to
22January 1, 2020.
-18-as/jh
2guardianships and conservatorships, and including effective
3date and retroactive applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232D.103, Code 2020, is amended to read
2as follows:
3232D.103 Jurisdiction.
4The juvenile court has exclusive jurisdiction in a
5guardianship proceeding concerning a minor who is alleged to be
6in need of a guardianship, and guardianships of minors.
7 Sec. 2. Section 232D.105, subsection 1, Code 2020, is
8amended to read as follows:
91. A petition alleging that a minor is in need of a
10conservatorship is not subject to this chapter. Such
11proceedings shall be governed by chapter 633 and may be
12initiated pursuant to section 633.627 633.557.
13 Sec. 3. Section 232D.301, subsection 2, paragraph d,
14subparagraph (3), Code 2020, is amended to read as follows:
15(3) Any adult who has had the primary care of the minor or
16with whom the minor has lived for at least six months prior to
17 immediately preceding the filing of the petition.
18 Sec. 4. Section 232D.302, subsection 2, Code 2020, is
19amended to read as follows:
202. Notice shall be served upon the minor’s known parents
21listed in the petition in accordance with the rules of civil
22procedure. If a parent has not filed an affidavit consenting
23to the appointment of a guardian, the notice shall inform
24the minor’s known parents listed in the petition that the
25parents are entitled to representation if the parents meet the
26conditions of section 232D.304.
27 Sec. 5. Section 232D.401, subsection 3, unnumbered
28paragraph 1, Code 2020, is amended to read as follows:
29An order by the court appointing a guardian for a minor shall
30state the powers granted to the guardian. Except as otherwise
31limited by court order, the court may grant the guardian the
32following powers, which may be exercised without prior court
33approval:
34 Sec. 6. Section 232D.501, subsection 1, paragraph a, Code
352020, is amended by adding the following new subparagraph:
-1-1 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
2applying for and receiving funds and benefits payable for the
3support of the minor.
4 Sec. 7. Section 633.556, subsections 4, 5, and 8, Code 2020,
5are amended to read as follows:
64. The petition shall list the name and address of the
7petitioner and the petitioner’s relationship to the respondent.
8 following:
9a. The name and address of the respondent.
10b. The petitioner and the petitioner’s relationship to the
11respondent.
12c. The name and address of the proposed guardian or
13conservator and the reason the proposed guardian or conservator
14should be selected.
155. The petition shall list the name and address, to the
16extent known, of the following:
17a. The name and address of the proposed guardian and the
18reason the proposed guardian should be selected.
19b. a. Any spouse of the respondent.
20c. b. Any adult children of the respondent.
21d. c. Any parents of the respondent.
22e. d. Any adult, who has had the primary care of the
23respondent or with whom the respondent has lived for at least
24six months prior to immediately preceding the filing of the
25petition, or any institution or facility where the respondent
26has resided for at least six months prior to the filing of the
27petition.
28f. e. Any legal representative or representative payee of
29the respondent.
30g. f. Any person designated as an attorney in fact in a
31durable power of attorney for health care which is valid under
32chapter 144B, or any person designated as an agent in a durable
33power of attorney which is valid under chapter 633B.
348. The petition shall provide a brief description of
35the respondent’s alleged functional limitations that make
-2-1the respondent unable to communicate or carry out important
2decisions concerning the respondent’s financial affairs.
3 Sec. 8. Section 633.558, subsection 3, Code 2020, is amended
4to read as follows:
53. Notice of the filing of a petition given to persons under
6subsections subsection 2 and 3 shall include a statement that
7such persons may register to receive notice of the hearing
8on the petition and other proceedings and the manner of such
9registration.
10 Sec. 9. Section 633.561, subsection 4, paragraphs c and f,
11Code 2020, are amended to read as follows:
12c. Ensure that the respondent has been properly advised of
13the respondent’s rights in a guardianship or conservatorship
14 proceeding.
15f. Ensure that the guardianship or conservatorship
16 procedures conform to the statutory and due process
17requirements of Iowa law.
18 Sec. 10. Section 633.561, subsection 5, paragraphs a and b,
19Code 2020, are amended to read as follows:
20a. Inform the respondent of the effects of the order entered
21for appointment of guardian or conservator.
22b. Advise the respondent of the respondent’s rights to
23petition for modification or termination of the guardianship
24or conservatorship.
25 Sec. 11. Section 633.562, subsection 5, paragraphs a and b,
26Code 2020, are amended to read as follows:
27a. A recommendation regarding the appropriateness of a
28limited guardianship or conservatorship for the respondent,
29including whether less restrictive alternatives are available.
30b. A statement of the qualifications of the guardian or
31conservator together with a statement of whether the respondent
32has expressed agreement with the appointment of the proposed
33guardian or conservator.
34 Sec. 12. Section 633.562, Code 2020, is amended by adding
35the following new subsection:
-3-1 NEW SUBSECTION. 7. A court visitor shall be discharged
2from all further duties upon appointment of a guardian or
3conservator, unless further ordered by the court. The court
4may order a court visitor to continue to serve if the court
5determines continued service would be in the best interest of
6the protected person. If the court continues the service of
7the court visitor, the court may limit the direct duties of the
8court visitor as the court deems necessary. The court visitor
9shall thereafter continue to serve until discharged by the
10court.
11 Sec. 13. Section 633.563, subsection 7, unnumbered
12paragraph 1, Code 2020, is amended to read as follows:
13The results of the evaluation ordered by the court shall be
14made available to filed with the court and made available to
15 the following:
16 Sec. 14. Section 633.569, subsections 1, 2, and 3, Code
172020, are amended to read as follows:
181. A person authorized to file a petition under section
19633.552, 633.553, or 633.554 633.556 or 633.557 may file an
20application for the emergency appointment of a temporary
21guardian or conservator.
222. Such application shall state all of the following:
23a. The name and address of the respondent.
24b. The name and address of the petitioner.
25b. c. The name and address of the proposed guardian or
26conservator and the reason the proposed guardian or conservator
27should be selected.
28c. d. The reason the emergency appointment of a temporary
29guardian or conservator is sought.
303. The court may enter an ex parte order appointing a
31temporary guardian or conservator on an emergency basis under
32this section if the court finds that all of the following
33conditions are met:
34a. There is not sufficient time to file a petition and hold
35a hearing pursuant to section 633.552, 633.553, or 633.554
-4- 1633.556 or 633.557.
2b. The appointment of a temporary guardian or conservator
3is necessary to avoid immediate or irreparable harm to the
4respondent.
5c. There is reason to believe that the basis for appointment
6of guardian or conservator exists under section 633.552,
7633.553, or 633.554 633.556 or 633.557.
8 Sec. 15. Section 633.570, subsections 1 and 2, Code 2020,
9are amended to read as follows:
101. In a proceeding for the appointment of a guardian,
11the respondent shall be given written notice which advises
12the respondent of the powers that that the court may grant
13 a guardian may exercise without court approval pursuant to
14 the powers set out in section 633.635, subsection 2, and the
15powers that the guardian may exercise only with court approval
16pursuant to set out in section 633.635, subsection 3.
172. In a proceeding for the appointment of a conservator,
18the respondent shall be given written notice which advises the
19respondent of the powers that the court may grant a conservator
20may exercise without court approval pursuant to the powers set
21out in section 633.646 and the powers that the guardian may
22exercise only with court approval pursuant to section 633.647
23633.642.
24 Sec. 16. Section 633.635, subsection 2, unnumbered
25paragraph 1, Code 2020, is amended to read as follows:
26Based upon the evidence produced at the hearing, the court
27may grant a guardian the following powers and duties with
28respect to a protected person which may be exercised without
29prior court approval:
30 Sec. 17. Section 633.635, subsection 3, unnumbered
31paragraph 1, Code 2020, is amended to read as follows:
32A Notwithstanding subsection 2, a guardian may be granted
33the following powers which may only be exercised upon court
34approval:
35 Sec. 18. Section 633.642, unnumbered paragraph 1, Code
-5-12020, is amended to read as follows:
2Except as otherwise ordered by the court, and except
3for those powers relating to all fiduciaries as set out in
4sections 633.63 through 633.162 which may be exercised without
5approval of the court unless expressly modified by the court,
6a conservator must give notice to persons entitled to notice
7and receive specific prior authorization by the court before
8the conservator may take any other action on behalf of the
9protected person. These other powers Powers requiring court
10approval include but are not limited to the authority of the
11conservator to:
12 Sec. 19. Section 633.669, subsection 1, Code 2020, is
13amended to read as follows:
141. A guardian appointed by the court under this chapter
15shall file with the court the following written verified
16reports which shall not be waived by the court:
17a. An initial care plan filed within sixty days of
18appointment. The information in the initial care plan shall
19include but not be limited to the following information:
20(01) The age of the protected person, the reasons for the
21protected person’s guardianship, and the highest educational
22level attained by the protected person.
23(1) The current residence of the protected person and the
24guardian’s plan for the protected person’s living arrangements.
25(2) The current sources of payment for the protected
26person’s living expenses and other expenses, and the guardian’s
27plan for payment of the protected person’s living expenses and
28other expenses.
29(3) The protected person’s health status and health care
30needs, and the guardian’s plan for meeting the protected
31person’s needs for medical, dental, and other health care
32needs.
33(3A) A concise description of whether the protected person
34has a living will or health care power of attorney, if any.
35(4) If applicable, the protected person’s need for other
-6-1professional services for mental, behavioral, or emotional
2problems, or other problems, and the guardian’s plan for other
3professional services needed by the protected person.
4(5) If applicable, a concise statement of the protected
5person’s employment status, the protected person’s need
6for educational, training, or vocational services, and the
7guardian’s plan for meeting the educational, training, and
8vocational needs of the protected person.
9(6) If applicable, the guardian’s plan for facilitating the
10participation of the protected person in social activities.
11(7) The guardian’s plan for facilitating contacts between
12the protected person and the protected person’s family members
13and other significant persons.
14(8) The guardian’s plan for contact with, and activities on
15behalf of, the protected person.
16(9) The powers that the guardian requests to carry out the
17initial care plan.
18b. An annual report, filed within sixty days of the close
19of the reporting period, unless the court otherwise orders on
20good cause shown. The information in the annual report shall
21include but not be limited to the following information:
22(1) The current living arrangements of the protected
23person.
24(2) The sources of payment for the protected person’s living
25expenses and other expenses.
26(3) A description, if applicable, of the following:
27(a) The protected person’s physical and mental health
28status and the medical, dental, and other professional health
29 services provided to the protected person.
30(0b) The protected person’s mental, behavioral, or
31emotional problems, or other problems, and the professional
32services provided the protected person for mental, behavioral,
33or emotional problems, or other problems.
34(b) If applicable, the protected person’s employment status
35and the educational, training, and vocational services provided
-7-1to the protected person.
2(0c) The guardian’s facilitation of the participation of
3the protected person in social activities.
4(c) The contact of the protected person with family members
5and other significant persons.
6(d) The nature and extent of the guardian’s visits with, and
7activities on behalf of, the protected person.
8(04) The guardian’s changes to the care plan for the
9protected person for the next annual reporting period.
10(004) The powers that the guardian requests to carry out
11the care plan for the protected person for the next annual
12reporting period.
13(4) The guardian’s recommendation as to the need for
14continuation of the guardianship.
15(5) The ability of the guardian to continue as guardian.
16(6) The need of the guardian for assistance in providing or
17arranging for the provision of the care and protection of the
18protected person.
19c. A final report within thirty days of the termination
20of the guardianship under section 633.675 unless that time is
21extended by the court.
22 Sec. 20. Section 633.670, Code 2020, is amended to read as
23follows:
24633.670 Reports by conservators.
251. A conservator appointed by the court under this chapter
26 shall file an with the court a written verified initial
27financial management plan for protecting, managing, investing,
28expending, and distributing the assets of the conservatorship
29estate within ninety days after appointment which shall not be
30waived by the court. The plan must be based on the needs of
31the protected person and take into account the best interest
32of the protected person as well as the protected person’s
33preference, values, and prior directions to the extent known
34to, or reasonably ascertainable by, the conservator.
35a. The initial plan shall include all of the following: The
-8-1initial financial management plan shall state the protected
2person’s age, residence, living arrangements, and sources of
3payment for living expenses.
4(1) A budget containing projected expenses and resources,
5including an estimate of the total amount of fees the
6conservator anticipates charging per year and a statement or
7list of the amount the conservator proposes to charge for each
8service the conservator anticipates providing to the protected
9person.
10(2) A statement as to how the conservator will involve
11the protected person in decisions about management of the
12conservatorship estate.
13(3) If ordered by the court, any step the conservator plans
14to take to develop or restore the ability of the protected
15person to manage the conservatorship estate.
16(4) An estimate of the duration of the conservatorship.
17b. If applicable, the protected person’s will shall be
18attached to the plan or filed with the court and the protected
19person’s prepaid burial trust and powers of attorney shall be
20described.
21c. The conservator shall include a proposed budget for the
22protected person and budget-related information for the next
23annual reporting period including all of the following:
24(1) The protected person’s receipts and income and
25the projected sources of income including, if applicable,
26wages, social security income, pension and retirement plan
27distribution, veterans’ benefits, rental income, interest
28earnings, and dividends, and the total estimated receipts and
29income.
30(2) The protected person’s liabilities and debts including,
31if applicable, mortgage, car loans, credit card debt, federal,
32state, and property taxes owed and the total estimated
33liabilities and debts; a list and concise explanation of
34any liability or debt owed by the protected person to the
35conservator; a list and concise explanation of the liability of
-9-1any other person for a liability of the protected person.
2(3) The protected person’s estimated expenses on a monthly
3and annual basis including, if applicable, nursing home or
4facility charge, real property expenses for residence, food and
5household expenses, utilities, household help and caregiver
6expenses, health services and health insurance expenses,
7educational and vocational expenses, personal auto and other
8transportation expenses, clothing expenses, personal allowance
9and other personal expenses, liabilities and debts, attorney
10fees and other professional expenses, conservator fees, and
11other administrative expenses.
12d. The conservator shall include a list of the protected
13person’s assets and the conservator’s plan for management
14of these assets including, if applicable, financial
15accounts including checking and certificates of deposit and
16cash, investments including stocks, bonds, mutual funds,
17exchange-traded funds, individual retirement accounts and other
18investment accounts, pension, profit-sharing, annuities, and
19retirement fund, personal property including household goods
20and vehicles, receivables including mortgages and liens payable
21to the protected person’s estate or trust, life insurance, and
22other property.
23e. The conservator shall include a statement as to how the
24conservator will involve the protected person in decisions
25about management of the conservatorship estate.
26f. If ordered by the court, the conservator shall include
27any action the conservator plans to take to develop or
28restore the ability of the protected person to manage the
29conservatorship estate.
30g. The conservator shall include the authority that the
31guardian requests to carry out the initial financial plan
32including expenditures in accordance with the proposed budget
33for the protected person and the plan for the management of the
34assets of the protected person for the next annual reporting
35period.
-10- 1b. h. Within two days after filing the initial plan, the
2conservator shall give notice of the filing of the initial plan
3with a copy of the plan to the protected person, the protected
4person’s attorney, if any, and court advisor visitor, if any,
5and others as directed by the court. The notice must state
6that any person entitled to a copy of the plan must file any
7objections to the plan not later than fifteen days after it is
8filed.
9c. i. At least twenty days after the plan has been filed,
10the court shall review and determine whether the plan should
11be approved or revised, after considering objections filed and
12whether the plan is consistent with the conservator’s powers
13and duties.
14d. j. After approval by the court, the conservator shall
15provide a copy of the approved plan and order approving the
16plan to the protected person, the protected person’s attorney,
17if any, and court advisor visitor, if any, and others as
18directed by the court.
19e. k. The conservator shall file an amended plan when
20there has been a significant change in circumstances or the
21conservator seeks to deviate significantly from the plan.
22Before the amended plan is implemented, the provisions for
23court approval of the plan shall be followed as provided in
24paragraphs “b”, “c”, and “d” “h”, “i”, and “j”.
252. A conservator shall file an inventory of the protected
26person’s assets within ninety days after appointment which
27includes an oath or affirmation that the inventory is believed
28to be complete and accurate as far as information permits.
29Copies After approval by the court, the conservator shall
30provide a copy of the inventory shall be provided to the
31protected person, the protected person’s attorney, if any,
32 and court advisor visitor, if any, and others as directed by
33the court. When the conservator receives additional property
34of the protected person, or becomes aware of its existence,
35a description of the property shall be included in the
-11-1conservator’s next annual report.
23. A conservator shall file a written and verified report on
3an annual basis for the period since the end of the preceding
4report period. The court which shall not waive these reports
5 be waived by the court.
6a. These reports shall include all of the following: The
7annual report shall state the age, the residence and the living
8arrangements of the protected person, and sources of payment
9for the protected person’s living expenses during the reporting
10period.
11(1) Balance of funds on hand at the beginning and end of the
12period.
13(2) Disbursements made.
14(3) Changes in the conservator’s plan.
15(4) List of assets as of the end of the period.
16(5) Bond amount and surety’s name.
17(6) Residence and physical location of the protected
18person.
19(7) General physical and mental condition of the protected
20person.
21(8) Other information reflecting the condition of the
22conservatorship estate.
23b. These reports shall be filed: The conservator shall
24submit with the annual report an inventory of the assets of the
25protected person as of the last day of the reporting period
26including the total value of assets at the beginning and end
27of the reporting period.
28(1) On an annual basis within sixty days of the end of the
29reporting period unless the court orders an extension for good
30cause shown in accordance with the rules of probate procedure.
31c. The annual report shall include an itemization of all
32income or funds received and all expenditures made by the
33conservator on behalf of the protected person. If any of
34the expenditures were made to provide support for or pay the
35debts of another person, the annual report shall include an
-12-1explanation of these expenditures. If any of the expenditures
2were made to pay any liability or debt owed by the protected
3person to the conservator, the annual report shall include an
4explanation of these expenditures. If any of the expenditures
5were made to pay any liability or debt that is also owed by
6another person or entity, the annual report shall include an
7explanation of these expenditures.
8d. The annual report shall include the following budget and
9information related to the budget for the protected person:
10(1) A description of changes, if any, made in the budget
11approved by the court for the preceding reporting period.
12(2) A proposed budget and budget-related information for
13the next reporting period containing the information set forth
14in subsection 1, paragraph “c”.
15(3) A request for approval of the proposed budget and
16authority to make expenditures in accordance with the proposed
17budget.
18e. The annual report shall include the following information
19related to the management of the assets of the protected
20person:
21(1) A description of changes, if any, in the plan for
22management of the assets of the protected person approved by
23the court for the preceding reporting period.
24(2) A proposed plan for management of the assets of the
25protected person for the next reporting period.
26(3) A request for approval of the proposed plan for
27management of the assets of the protected person and the
28authority to carry out the plan.
29f. The annual report shall describe, if applicable, how the
30protected person was involved and will be involved in decisions
31about management of assets.
32g. The annual report shall describe, if ordered by the
33court, the actions that have been taken and that will be taken
34by the conservator to develop or restore the ability of the
35protected person to manage the conservatorship’s assets.
-13- 1h. The conservator may request court approval of fees
2provided by an attorney on behalf of the conservatorship or the
3protected person during the preceding reporting period.
4i. The conservator may request court approval of fees
5provided the conservator on behalf of the conservatorship or
6the protected person during the preceding reporting period.
74. The conservator shall file a written verified final
8report with the court as follows:
9(2) a. Within thirty days following removal of the
10conservator.
11(3) b. Upon the conservator’s filing of a resignation and
12before the resignation is accepted by the court.
13(4) c. Within sixty days following the termination of the
14conservatorship.
15(5) d. At other times as ordered by the court.
16c. 5. Reports required by this section shall be served
17on the protected person, the protected person’s attorney and
18court advisor, if any, and the veterans administration if the
19protected person is receiving veterans benefits.
20 Sec. 21. Section 633.675, subsections 2, 3, and 4, Code
212020, are amended to read as follows:
222. The court shall terminate a guardianship for an adult
23 if it finds by clear and convincing evidence that the basis
24for appointing a guardian pursuant to section 633.552 is not
25satisfied.
263. The court shall terminate a conservatorship for an adult
27 if the court finds by clear and convincing evidence that the
28basis for appointing a conservator pursuant to section 633.553
29or 633.554 is not satisfied.
304. The standard of proof and the burden of proof to be
31applied in a termination proceeding to terminate a guardianship
32or conservatorship for an adult shall be the same as set forth
33in section 633.551, subsection 2.
34 Sec. 22. REPORTS AND POWERS OF GUARDIANS AND CONSERVATORS —
35TRANSITION PROVISIONS.
-14- 11. Minor guardianships. Notwithstanding the provisions
2of section 232D.501, subsection 1, paragraph “a”, designating
3a verified initial care plan be filed by the guardian within
4sixty days of appointment, for all minor guardianship cases
5wherein the guardianship was established and the guardian was
6appointed prior to January 1, 2020, the initial care plan
7required by section 232D.501, subsection 1, paragraph “a”,
8shall be filed with the previously scheduled annual report.
9The annual report must comply with the requirements set forth
10in section 232D.501, subsection 1, paragraph “a”. Guardians
11appointed prior to January 1, 2020, have continuing authority
12to perform acts concerning the protected person that were
13authorized prior to January 1, 2020, through the date of the
14guardian’s previously scheduled annual report.
152. Adult guardianships. Notwithstanding the provisions of
16section 633.669, subsection 1, paragraph “a”, designating an
17initial care plan be filed by the guardian within sixty days
18of appointment, for all adult guardianship cases wherein the
19guardianship was established and the guardian was appointed
20prior to January 1, 2020, the initial care plan required by
21section 633.669, subsection 1, paragraph “a”, shall be filed
22with the previously scheduled annual report. The annual report
23must comply with the requirements set forth in section 633.669,
24subsection 1, paragraph “a”. Guardians appointed prior to
25January 1, 2020, have continuing authority to perform acts
26concerning the protected person that were authorized prior to
27January 1, 2020, through the date of the guardian’s previously
28scheduled annual report.
293. Conservatorships. Notwithstanding the provisions of
30section 633.670, subsection 1, paragraph “a”, and section
31633.670, subsection 2, designating an initial plan and
32inventory be filed within ninety days of appointment, for
33all conservatorship cases wherein the conservatorship was
34established and the conservator was appointed prior to
35January 1, 2020, the initial plan required by section 633.670,
-15-1subsection 1, paragraph “a”, and inventory required by section
2633.670, subsection 2, shall be filed with the previously
3scheduled annual report. The annual report must comply with
4the requirements set forth in section 633.670, subsection 3,
5paragraph “a”. Conservators appointed prior to January 1,
62020, have continuing authority to perform acts concerning the
7protected person that were authorized prior to January 1, 2020,
8through the date of the conservator’s previously scheduled
9annual report.
10 Sec. 23. EFFECTIVE DATE. The following, being deemed of
11immediate importance, takes effect upon enactment:
12The section of this Act relating to transition provisions
13for reports and powers of guardians and conservators.
14 Sec. 24. RETROACTIVE APPLICABILITY. The following applies
15retroactively to January 1, 2020:
16The section of this Act relating to transition provisions
17for reports and powers of guardians and conservators.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the administration of adult and minor
22guardianships and conservatorships, and includes effective date
23and retroactive applicability provisions.
24Under current law, the juvenile court has exclusive
25jurisdiction of guardianship proceedings. The bill provides
26that the juvenile court also has exclusive jurisdiction over
27guardianships of minors.
28The bill changes a Code reference for a petition to appoint a
29conservator for a minor.
30The bill provides that notice of a guardianship proceeding
31must be given to any adult with whom the minor has lived for the
32six months immediately preceding the filing of the petition.
33The bill further provides that if a minor’s known parents
34have not consented to the appointment of a guardian, the notice
35of the filing of a guardianship petition shall inform the known
-16-1parents that they are entitled to representation if they meet
2the conditions in Code section 232D.304.
3The bill strikes a reference to “without prior court
4approval” in a Code section listing powers a court may grant
5to a guardian.
6The bill also directs that the initial verified care plan
7must include the guardian’s plan for applying and receiving
8funds and benefits for the support of the minor.
9The bill amends current law to provide that Code sections
10apply to both guardianships and conservatorships of adults.
11The bill provides that a court visitor will be discharged
12upon the appointment of a guardian or conservator unless
13ordered by the court to continue.
14The bill specifies that a court-ordered professional
15evaluation conducted at or before a hearing on a petition for
16the appointment of a guardian or conservator must be filed with
17the court.
18The bill amends language concerning powers which a guardian
19or conservator may be granted that can be exercised without
20further court approval. The bill also amends powers of a
21conservator which require further court approval before being
22exercised.
23The bill amends the information required to be contained in
24a guardian’s written verified reports including the initial
25care plan and annual reports, and information required to be
26included in reports by conservators including the initial
27financial management plan, the annual report, and the final
28report.
292019 Iowa Acts, chapters 56 and 57, amended the laws
30regarding guardianships and conservatorships, including
31requirements relating to required reports.
32The bill provides that for all guardianship cases wherein
33the guardianship was established and the guardian was appointed
34prior to January 1, 2020, the initial care plan for minors and
35for adults shall be filed with the previously scheduled annual
-17-1report and not within 60 days of the initial appointment as
2specified by 2019 Iowa Acts, chapters 56 and 57, respectively.
3The annual report must comply with Code requirements and
4guardians appointed prior to January 1, 2020, have continuing
5authority to perform acts concerning the protected person
6that were authorized prior to January 1, 2020, through the
7date of the guardian’s previously scheduled annual report.
8This provision of the bill takes effect upon enactment and is
9retroactively applicable to January 1, 2020.
10The bill provides that for all conservatorship cases wherein
11the conservatorship was established and the conservator was
12appointed prior to January 1, 2020, the initial plan and
13inventory shall be filed with the previously scheduled annual
14report, and not within 90 days of appointment as specified by
152019 Iowa Acts, chapter 57. The annual report must comply
16with Code requirements and conservators appointed prior to
17January 1, 2020, have continuing authority to perform acts
18concerning the protected person that were authorized prior
19to January 1, 2020, through the date of the conservator’s
20previously scheduled annual report. This provision of the bill
21takes effect upon enactment and is retroactively applicable to
22January 1, 2020.
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