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House File 10 - IntroducedA Bill ForAn Act 1relating to the court’s discretion to require
2conservators to post bond.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.174, Code 2021, is amended to read
2as follows:
3633.174 Guardians and conservators — bond.
41. When the guardian appointed for a person is not the
5conservator of the property of that person, no A bond shall not
6 be required of the appointed guardian or appointed conservator,
7unless the court for good cause finds it proper to require one.
8If no bond is initially required, the court may, nevertheless,
9for good cause, at any subsequent time, require that a bond be
10given.
112. Every conservator shall execute and file with the clerk
12a bond with sufficient surety or sureties except as provided
13in section 633.175.
14 Sec. 2. Section 633.175, subsection 2, Code 2021, is amended
15by striking the subsection.
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 a court’s ability to waive the
20requirement of conservators to post bond. The bill provides
21the court discretion as to whether a bond is required for
22a conservator. Under current law, courts do not have the
23discretion to waive bond for a conservator, other than a
24financial institution with Iowa trust powers, unless the court
25finds an alternative to bond that would protect the protected
26person’s assets.
-1-cm/jh
2conservators to post bond.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.174, Code 2021, is amended to read
2as follows:
3633.174 Guardians and conservators — bond.
41. When the guardian appointed for a person is not the
5conservator of the property of that person, no A bond shall not
6 be required of the appointed guardian or appointed conservator,
7unless the court for good cause finds it proper to require one.
8If no bond is initially required, the court may, nevertheless,
9for good cause, at any subsequent time, require that a bond be
10given.
112. Every conservator shall execute and file with the clerk
12a bond with sufficient surety or sureties except as provided
13in section 633.175.
14 Sec. 2. Section 633.175, subsection 2, Code 2021, is amended
15by striking the subsection.
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 a court’s ability to waive the
20requirement of conservators to post bond. The bill provides
21the court discretion as to whether a bond is required for
22a conservator. Under current law, courts do not have the
23discretion to waive bond for a conservator, other than a
24financial institution with Iowa trust powers, unless the court
25finds an alternative to bond that would protect the protected
26person’s assets.
-1-cm/jh