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House Study Bill 38 - IntroducedA Bill ForAn Act 1relating to the opening, administration, and termination
2of adult and minor guardianships and conservatorships.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2MINOR GUARDIANSHIPS
3 Section 1. Section 232.3, subsection 1, Code 2021, is
4amended to read as follows:
51. During the pendency of an action under this chapter, a
6party to the action is estopped from litigating concurrently
7the custody, guardianship, or placement of a child who is the
8subject of the action, in a court other than the juvenile court
9with jurisdiction of the pending action under this chapter. A
10district judge, district associate judge, juvenile court judge,
11 magistrate, or judicial hospitalization referee, upon notice
12of the pendency of an action under this chapter, shall not
13issue an order, finding, or decision relating to the custody,
14guardianship, or placement of the child who is the subject of
15the action, under any law, including but not limited to chapter
16232D, 598, or 598B, or 633.
17 Sec. 2. Section 232.3, Code 2021, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 3. An action which is pending under chapter
20232D prior to an action being brought under this chapter shall
21be stayed by the court in the chapter 232D action unless the
22court follows the procedures in subsection 2 and authorizes a
23party to the action to litigate a specific issue under this
24chapter.
25 Sec. 3. Section 232D.103, Code 2021, is amended to read as
26follows:
27232D.103 Jurisdiction.
28The juvenile court has exclusive jurisdiction in a
29guardianship proceeding concerning a minor who is alleged to be
30in need of a guardianship and guardianships of minors.
31 Sec. 4. NEW SECTION. 232D.107 Confidentiality.
32Official juvenile court records in guardianship proceedings
33shall be confidential and are not public records. Confidential
34records may be inspected and their contents shall be disclosed
35to the following without court order, provided that a person
-1-1or entity who inspects or receives a confidential record under
2this section shall not disclose the confidential record or its
3contents unless required by law:
41. The judge and professional court staff.
52. The minor and the minor’s counsel.
63. The minor’s parent, guardian or custodian, court
7visitor, and any counsel representing such person.
8 Sec. 5. Section 232D.301, subsection 2, paragraph d,
9subparagraph (3), Code 2021, is amended to read as follows:
10(3) Any adult who has had the primary care of the minor or
11with whom the minor has lived for at least any time during the
12 six months prior to immediately preceding the filing of the
13petition.
14 Sec. 6. Section 232D.301, subsection 4, Code 2021, is
15amended to read as follows:
164. The petition shall state whether a limited guardianship
17is appropriate, and whether a conservatorship for the minor is
18already in existence.
19 Sec. 7. Section 232D.302, subsection 2, Code 2021, is
20amended to read as follows:
212. Notice shall be served upon the minor’s known parents
22listed in the petition in accordance with the rules of civil
23procedure. If the parent has not filed a consent to the
24appointment of a guardian, the notice shall inform any parent
25named in the petition that the parent may be entitled to
26representation under the conditions described in section
27232D.304.
28 Sec. 8. Section 232D.305, subsection 1, Code 2021, is
29amended to read as follows:
301. The court may appoint a court visitor for the minor. A
31person is qualified to serve as a court visitor if the court
32determines the person has demonstrated sufficient knowledge of
33guardianships to adequately perform the duties in subsection 3.
34 Sec. 9. Section 232D.306, Code 2021, is amended by adding
35the following new subsection:
-2-1 NEW SUBSECTION. 4. A hearing on the petition may be
2recorded if a court reporter is not used.
3 Sec. 10. Section 232D.307, subsection 1, Code 2021, is
4amended to read as follows:
51. The court shall request criminal record checks and checks
6of the child abuse, dependent adult abuse, and sex offender
7registries in this state for all proposed guardians other than
8financial institutions with Iowa trust powers unless a proposed
9guardian has undergone the required background checks in this
10section within the twelve six months prior to the filing of
11a petition and the background check has been provided to the
12court.
13 Sec. 11. Section 232D.401, subsection 1, Code 2021, is
14amended to read as follows:
151. The order by the court appointing a guardian for a minor
16shall state the basis for the order and the date on which the
17first reporting period for the guardianship will end.
18 Sec. 12. Section 232D.401, subsection 3, unnumbered
19paragraph 1, Code 2021, is amended to read as follows:
20An order by the court appointing a guardian for a minor shall
21state the powers granted to the guardian. Except as otherwise
22limited by court order, the The court may grant the guardian
23the following powers, which may be exercised without prior
24court approval:
25 Sec. 13. Section 232D.501, subsection 1, paragraph a, Code
262021, is amended by adding the following new subparagraph:
27 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
28applying for and receiving funds and benefits payable for the
29support of the minor.
30 Sec. 14. Section 232D.501, subsection 1, paragraph b, Code
312021, is amended by adding the following new subparagraphs:
32 NEW SUBPARAGRAPH. (11) The results of the guardian’s
33efforts to apply for funds or benefits for the minor, and
34an accounting for the use of such funds or benefits by the
35guardian.
-3-1 NEW SUBPARAGRAPH. (12) Any other information the guardian
2deems necessary for the court to consider.
3 Sec. 15. Section 232D.501, Code 2021, is amended by adding
4the following new subsections:
5 NEW SUBSECTION. 5. A copy of the verified initial care plan
6and verified annual report shall be served, annually, on the
7protected person, the protected person’s attorney, if any, and
8court visitor, if any.
9 NEW SUBSECTION. 6. The court, for good cause, may extend
10the deadline for filing required reports. Required reports of
11a guardian which are not timely filed and which are delinquent,
12and for which no extension for filing has been granted by the
13court, shall be administered in the same manner as provided in
14section 633.32.
15DIVISION II
16ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS
17 Sec. 16. Section 235B.6, subsection 2, paragraph d, Code
182021, is amended by adding the following new subparagraph:
19 NEW SUBPARAGRAPH. (7) To a district court conducting
20checks of the dependent adult abuse registry for all proposed
21guardians and conservators pursuant to section 633.564.
22 Sec. 17. Section 633.556, subsections 4 and 5, Code 2021,
23are amended to read as follows:
244. The petition shall list the name and address of the
25petitioner and the petitioner’s relationship to the respondent
26 following:
27a. The respondent.
28b. The petitioner and the petitioner’s relationship to the
29respondent.
30c. The proposed guardian or conservator and the reason the
31proposed guardian or conservator should be selected.
325. The petition shall list the name and address, to the
33extent known, of the following:
34a. The name and address of the proposed guardian and the
35reason the proposed guardian should be selected.
-4- 1b. Any spouse of the respondent.
2c. Any adult children of the respondent.
3d. Any parents of the respondent.
4e. Any adult, who has had the primary care of the respondent
5or with whom the respondent has lived for at least any time
6during the six months prior to immediately preceding the filing
7of the petition, or any institution or facility where the
8respondent has resided for at least six months prior to any
9time during the six months immediately preceding the filing of
10the petition.
11f. Any legal representative or representative payee of the
12respondent.
13g. Any person designated as an attorney in fact in a durable
14power of attorney for health care which is valid under chapter
15144B, or any person designated as an agent in a durable power
16of attorney which is valid under chapter 633B.
17 Sec. 18. Section 633.560, subsection 3, Code 2021, is
18amended to read as follows:
193. The court shall require the proposed guardian or
20conservator to attend the hearing on the petition but the court
21may excuse the proposed guardian’s or conservator’s attendance
22for good cause shown.
23 Sec. 19. Section 633.561, subsection 6, Code 2021, is
24amended to read as follows:
256. If the court determines that it would be in the
26respondent’s best interest to have legal representation
27with respect to any further proceedings in a guardianship
28or conservatorship, the court may appoint an attorney to
29represent the respondent at the expense of the respondent or
30the respondent’s estate, or if the respondent is indigent the
31cost of the court appointed attorney shall be assessed against
32the county in which the proceedings are pending.
33 Sec. 20. Section 633.562, subsection 1, Code 2021, is
34amended to read as follows:
351. If the court determines that the appointment of a court
-5-1visitor would be in the best interest of the respondent, the
2court shall appoint a court visitor at the expense of the
3respondent or the respondent’s estate, or, if the respondent
4is indigent, the cost of the court visitor shall be assessed
5against the county in which the proceedings are pending. The
6court may appoint any qualified person as a court visitor in
7a guardianship or conservatorship proceeding. A person is
8qualified to serve in this capacity if the court determines the
9person has demonstrated sufficient knowledge of guardianships
10or conservatorships to adequately perform the duties in
11subsection 3.
12 Sec. 21. Section 633.562, Code 2021, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 7. A court visitor shall be discharged
15from all further duties upon appointment of a guardian or
16conservator, unless otherwise ordered by the court. The court
17may order a court visitor to continue to serve if the court
18determines continued service would be in the best interest of
19the protected person. If the court continues the service of
20the court visitor, the court may limit the direct duties of the
21court visitor as the court deems necessary. The court visitor
22shall thereafter continue to serve until discharged by the
23court.
24 Sec. 22. Section 633.564, subsection 1, Code 2021, is
25amended to read as follows:
261. The court shall request criminal record checks and
27checks of the child abuse, dependent adult abuse, and sexual
28offender registries in this state for all proposed guardians
29and conservators, other than financial institutions with Iowa
30trust powers, unless a proposed guardian or conservator has
31undergone the required background checks required by this
32section within the six months prior to the filing of a petition
33and the background check has been provided to the court.
34 Sec. 23. Section 633.569, Code 2021, is amended to read as
35follows:
-6- 1633.569 Emergency appointment of temporary guardian or
2conservator.
31. A person authorized to file a petition under section
4633.552, 633.553, or 633.554 633.556 or 633.557 may file an
5application for the emergency appointment of a temporary
6guardian or conservator.
72. Such application shall state all of the following:
8a. The name and address of the respondent.
90b. The name and address of the petitioner and the
10petitioner’s relationship to the respondent.
11b. The name and address of the proposed guardian or
12conservator and the reason the proposed guardian or conservator
13should be selected.
140c. The names and addresses, to the extent known, of any
15other persons who must be named in the petition for appointment
16of a guardian or conservator under section 633.556 or 633.557.
17c. The reason the emergency appointment of a temporary
18guardian or conservator is sought.
193. The court may enter an ex parte order appointing a
20temporary guardian or conservator on an emergency basis under
21this section if the court finds that all of the following
22conditions are met:
23a. There is not sufficient time to file a petition
24and hold a hearing pursuant to section 633.552, 633.553,
25or 633.554 633.556, 633.557, or 633.560.
26b. The appointment of a temporary guardian or conservator
27is necessary to avoid immediate or irreparable harm to the
28respondent before a hearing with notice to the respondent can
29be held.
30c. There is reason to believe that the basis for appointment
31of guardian or conservator exists under section 633.552,
32633.553, or 633.554 633.556 or 633.557.
334. Notice of a petition for the appointment of a temporary
34guardian or conservator and the issuance of an ex parte
35order appointing a temporary guardian or conservator shall be
-7-1provided to the respondent, the respondent’s attorney, and any
2other person the court determines should receive notice.
35. Upon the issuance of an ex parte order, if the respondent
4is an adult, the respondent may file a request for a hearing.
5If the respondent is a minor, the respondent, a parent having
6legal custody of the respondent, or any other person having
7legal custody of the respondent may file a written request for
8a hearing. Such hearing shall be held no later than seven days
9after the filing of a written request.
106. The powers of the temporary guardian or conservator
11set forth in the order of the court shall be limited to those
12necessary to address the emergency situation requiring the
13appointment of a temporary guardian or conservator.
147. The temporary guardianship or conservatorship shall
15terminate within thirty days after the order is issued.
168. The court may order an extension of the temporary
17guardianship or conservatorship for thirty days for good
18cause shown, including a showing that a hearing on a petition
19for a guardianship or conservatorship under section 633.556
20or 633.557 cannot be scheduled within thirty days after the
21order for a temporary guardianship or conservatorship is
22ordered. Prior to or contemporaneously with the filing for
23an application for the extension of time, the guardian or
24conservator shall file a report with the court setting forth
25all of the following:
26a. All actions conducted by the guardian or conservator on
27behalf of the protected person from the time of the initial
28appointment of the guardian up to the time of the report.
29b. All actions that the guardian or conservator plans to
30conduct on behalf of the protected person during the thirty-day
31extension period.
329. The temporary guardian or conservator shall submit any
33other report the court requires.
34 Sec. 24. Section 633.570, subsections 1 and 2, Code 2021,
35are amended to read as follows:
-8- 11. In a proceeding for the appointment of a guardian, the
2respondent shall be given written notice which advises the
3respondent of the powers that the court may grant a guardian
4may exercise without court approval pursuant to the powers set
5out in section 633.635, subsection 2, and the powers that the
6guardian may exercise only with court approval pursuant to set
7out in section 633.635, subsection 3.
82. In a proceeding for the appointment of a conservator,
9the respondent shall be given written notice which advises
10the respondent of the powers that the court may grant a
11conservator may exercise without court approval pursuant to
12 the powers set out in section 633.646 and the powers that the
13guardian may exercise only with court approval pursuant to
14section 633.647 633.642.
15 Sec. 25. Section 633.635, subsection 1, Code 2021, is
16amended to read as follows:
171. The order by the court appointing a guardian shall state
18the factual basis for the guardianship pursuant to section
19633.552 and the date on which the first reporting period for
20the guardianship shall end.
21 Sec. 26. Section 633.635, subsection 2, unnumbered
22paragraph 1, Code 2021, is amended to read as follows:
23Based upon the evidence produced at the hearing, the court
24may grant a guardian the following powers and duties with
25respect to a protected person which may be exercised without
26prior court approval:
27 Sec. 27. Section 633.635, subsection 3, unnumbered
28paragraph 1, Code 2021, is amended to read as follows:
29A Notwithstanding subsection 2, a guardian may be granted
30the following powers which may only be exercised upon court
31approval:
32 Sec. 28. NEW SECTION. 633.640A Powers of conservator upon
33appointment.
341. The order by the court appointing a conservator shall
35state the basis for the conservatorship pursuant to section
-9-1633.553 or pursuant to section 633.554.
22. Upon appointment, the conservator may exercise the
3powers relating to all fiduciaries as set out in sections
4633.63 through 633.162, unless expressly modified by the court,
5without prior court approval. These powers include but are not
6limited to the following:
7a. Make written requests for the purpose of obtaining the
8property of the protected person, or obtaining information
9about the property of the protected person pursuant to section
10633.78.
11b. Designate and employ an attorney to assist in the
12administration of the estate of the protected person pursuant
13to section 633.82.
14c. Hold investments in the name of a bank or trustee company
15pursuant to section 633.124.
16d. Require a bank to show ownership of investments held in
17nominee name and keep them separate from the assets of the bank
18pursuant to section 633.125.
193. Until such time as the conservator files an initial
20financial management plan and such plan is approved by the
21court as required by section 633.670, subsection 1, the
22conservator may exercise the following powers with respect to
23a protected person without court approval except as otherwise
24ordered by the court:
25a. Collect, receive, and receipt for any principal or income
26of the protected person.
27b. Receive property of the protected person from any source.
28c. Continue to hold any investment or other property of the
29protected person.
304. Upon the filing of an appropriate oath by the
31conservator, the clerk of the court shall issue letters of
32appointment. A copy of the initial order of the court and
33any future order, granting or limiting the authority of the
34conservator to act on behalf of the protected person shall be
35attached to the letters of appointment.
-10-1 Sec. 29. Section 633.641, subsection 3, Code 2021, is
2amended to read as follows:
33. If a protected person has executed a valid power of
4attorney under chapter 633B, the conservator shall act in
5accordance with the applicable provisions of chapter 633B.
6 If the court appoints a conservator for a protected person
7who has previously executed a valid power of attorney under
8chapter 633B, the power of attorney is suspended unless the
9power of attorney provides otherwise or the court appointing
10the conservator orders that the power of attorney should
11continue. If the power of attorney continues, the agent is
12accountable to the conservator as well as the principal. The
13power of attorney shall be reinstated upon termination of the
14conservatorship for reasons other than the protected person’s
15death.
16 Sec. 30. Section 633.642, unnumbered paragraph 1, Code
172021, is amended to read as follows:
18Except as otherwise ordered by the court, and except
19for those powers relating to all fiduciaries as set out in
20sections 633.63 through 633.162 which may be exercised without
21approval of the court unless expressly modified by the court,
22a conservator must give notice to persons entitled to notice
23and receive specific prior authorization by the court before
24the conservator may take any other action on behalf of the
25protected person. These other powers Powers requiring court
26approval include but are not limited to the authority of the
27conservator to:
28 Sec. 31. Section 633.669, Code 2021, is amended to read as
29follows:
30633.669 Reporting requirements — assistance Reports by clerk
31 guardians.
321. A guardian appointed by the court under this chapter
33shall file with the court the following written verified
34reports which shall not be waived by the court:
35a. An initial care plan filed within sixty days of
-11-1appointment. The information in the initial care plan shall
2include but not be limited to the following information:
3(1) The current residence of the protected person and the
4guardian’s plan for the protected person’s living arrangements.
5(2) The current sources of payment for the protected
6person’s living expenses and other expenses, and the guardian’s
7plan for payment of the protected person’s living expenses and
8other expenses.
9(3) The protected person’s health status and health care
10needs, and the guardian’s plan for meeting the protected
11person’s needs for medical, dental, and other health care
12needs.
13(3A) Whether the protected person has a living will or
14health care power of attorney.
15(4) If applicable, the protected person’s need for other
16professional services for mental, behavioral, or emotional
17health, and the guardian’s plan for other professional services
18needed by the protected person.
19(5) If applicable, the protected person’s employment
20status, the protected person’s need for educational, training,
21or vocational services, and the guardian’s plan for meeting the
22educational, training, and vocational needs of the protected
23person.
24(6) If applicable, the guardian’s plan for facilitating the
25participation of the protected person in social activities.
26(7) The guardian’s plan for facilitating contacts between
27the protected person and the protected person’s family members
28and other significant persons significant in the life of the
29protected person.
30(8) The guardian’s plan for contact with, and activities on
31behalf of, the protected person.
32(9) The powers that the guardian requests to carry out the
33initial care plan.
34(10) The guardian shall file an amended plan when there
35has been a significant change in the circumstances or the
-12-1guardian seeks to deviate significantly from the plan. The
2guardian must obtain court approval of the amended plan before
3implementing any of its provisions.
4b. An annual report, filed within sixty days of the close
5of the reporting period, unless the court otherwise orders on
6good cause shown. The information in the annual report shall
7include but not be limited to the following information:
8(1) The current living arrangements of the protected
9person.
10(2) The sources of payment for the protected person’s living
11expenses and other expenses.
12(3) A description, if applicable, of the following:
13(a) The protected person’s physical and mental health
14status and the medical, dental, and other professional health
15 services provided to the protected person.
16(b) If applicable, the protected person’s employment status
17and the educational, training, and vocational services provided
18to the protected person.
19(0c) The guardian’s facilitation of the participation of
20the protected person in social activities.
21(c) The contact of the protected person with family members
22and other significant persons.
23(d) The nature and extent of the guardian’s visits with, and
24activities on behalf of, the protected person.
25(04) The guardian’s changes to the care plan for the
26protected person for the next annual reporting period.
27(004) The powers that the guardian requests to carry out
28the care plan for the protected person for the next annual
29reporting period.
30(4) The guardian’s recommendation as to the need for
31continuation of the guardianship.
32(5) The ability of the guardian to continue as guardian.
33(6) The need of the guardian for assistance in providing or
34arranging for the provision of the care and protection of the
35protected person.
-13- 1(7) Any other information the guardian deems necessary for
2the court to consider.
3c. A final report within thirty days of the termination
4of the guardianship under section 633.675 unless that time is
5extended by the court.
62. The court shall develop a simplified uniform reporting
7form for use in filing the required reports.
83. The clerk of the court shall notify the guardian in
9writing of the reporting requirements and shall provide
10information and assistance to the guardian in filing the
11reports.
124. Reports of guardians shall be reviewed and approved by a
13district court judge or referee.
145. The court, for good cause, may extend the deadline for
15filing required reports. Required reports of a guardian which
16are not timely filed and which are delinquent, and for which no
17extension for filing has been granted by the court, shall be
18administered as provided in section 633.32.
196. Reports required by this section shall be served on the
20protected person, the protected person’s attorney, if any, and
21the court visitor, if any.
22 Sec. 32. Section 633.670, Code 2021, is amended to read as
23follows:
24633.670 Reports by conservators.
251. A conservator shall file an a verified initial financial
26management plan for protecting, managing, investing, expending,
27and distributing the assets of the conservatorship estate
28within ninety days after appointment which shall not be waived
29by the court. The plan must be based on the needs of the
30protected person and take into account the best interest of the
31protected person as well as the protected person’s preference,
32values, and prior directions to the extent known to, or
33reasonably ascertainable by, the conservator.
34a. The initial plan shall include all of the following: The
35initial financial management plan shall state the protected
-14-1person’s age, residence, living arrangements, and sources of
2payment for living expenses.
3(1) A budget containing projected expenses and resources,
4including an estimate of the total amount of fees the
5conservator anticipates charging per year and a statement or
6list of the amount the conservator proposes to charge for each
7service the conservator anticipates providing to the protected
8person.
9(2) A statement as to how the conservator will involve
10the protected person in decisions about management of the
11conservatorship estate.
12(3) If ordered by the court, any step the conservator plans
13to take to develop or restore the ability of the protected
14person to manage the conservatorship estate.
15(4) An estimate of the duration of the conservatorship.
16b. If applicable, the protected person’s will shall be filed
17with the court clerk and the protected person’s prepaid burial
18trust and powers of attorney shall be described.
19c. The conservator shall include a proposed budget for the
20protected person and budget-related information for the next
21annual reporting period including all of the following:
22(1) The protected person’s receipts and income and
23the projected sources of income including, if applicable,
24wages, social security income, pension and retirement plan
25distribution, veterans’ benefits, rental income, interest
26earnings, and dividends, and the total estimated receipts and
27income.
28(2) The protected person’s liabilities and debts including,
29if applicable, mortgage, car loans, credit card debt, federal,
30state, and property taxes owed and the total estimated
31liabilities and debts; a list and concise explanation of
32any liability or debt owed by the protected person to the
33conservator; and a list and concise explanation of the
34liability of any other person for a liability of the protected
35person.
-15- 1(3) The protected person’s estimated expenses on a monthly
2and annual basis including, if applicable, nursing home or
3facility charge, real property expenses for residence, food and
4household expenses, utilities, household help and caregiver
5expenses, health services and health insurance expenses,
6educational and vocational expenses, personal auto and other
7transportation expenses, clothing expenses, personal allowance
8and other personal expenses, liabilities and debts, attorney
9fees and other professional expenses, conservator fees, and
10other administrative expenses.
11d. The conservator shall include a list of the protected
12person’s assets and the conservator’s plan for management
13of these assets including, if applicable, financial
14accounts including checking and certificates of deposit and
15cash, investments including stocks, bonds, mutual funds,
16exchange-traded funds, individual retirement accounts and other
17investment accounts, pension, profit-sharing, annuities, and
18retirement funds, personal property including household goods
19and vehicles, receivables including mortgages and liens payable
20to the protected person’s estate or trust, life insurance, and
21other property.
22e. The conservator shall include a statement as to how the
23conservator will involve the protected person in decisions
24about management of the conservatorship estate.
25f. If ordered by the court, the conservator shall include
26any action the conservator plans to take to develop or
27restore the ability of the protected person to manage the
28conservatorship estate.
29g. The conservator shall include the authority that the
30conservator requests to carry out the initial financial plan
31including expenditures in accordance with the proposed budget
32for the protected person and the plan for the management of the
33assets of the protected person for the next annual reporting
34period.
35b. h. Within two days after filing the initial plan, the
-16-1 The conservator shall give provide notice of the filing of
2the initial plan with and a copy of the initial plan to the
3protected person, the protected person’s attorney, if any, and
4court visitor, if any, and others as directed by the court.
5The notice must state that any person entitled to a copy of
6the plan must file any objections to the plan not later than
7fifteen days after it is filed twenty days from the date of
8mailing notice of filing the initial plan.
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 visitor, if any, and others as directed by
18the 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” the initial financial management
25plan.
262. A conservator shall file attach an inventory of the
27protected person’s assets within ninety days after appointment
28and debts to the initial financial management plan, which
29includes an oath or affirmation that the inventory is believed
30to be complete and accurate as far as information permits.
31Copies After approval by the court, the conservator shall
32provide copies of the inventory shall be provided to the
33protected person, the protected person’s attorney, if any,
34 and court visitor, if any, and others as directed by the
35court. When the conservator receives additional property
-17-1of the protected person, or becomes aware of its existence,
2a description of the property shall be included in the
3conservator’s next annual report.
42A. A conservator shall attach to the initial financial
5management plan an inventory of the protected person’s assets
6and debts, which includes an oath or affirmation that the
7inventory is believed to be complete and accurate as far as
8information permits. The conservator shall provide copies of
9the inventory to the protected person, the protected person’s
10attorney, if any, and the court visitor, if any, and others
11as directed by the court. Any objections to the inventory
12shall be filed in the same manner and according to the same
13schedule as objections to the initial financial management
14plan. The court shall review the inventory and determine
15whether the inventory should be approved at the same time as
16the court reviews the initial financial management plan. When
17the conservator receives an additional asset of the protected
18person or becomes aware of its existence, or becomes aware
19of additional debt of the protected person, a description of
20the asset or debt shall be included in the conservator’s next
21annual report.
223. A conservator shall file a written and verified report on
23an annual basis for the period since the end of the preceding
24report period. The court which shall not waive these reports
25 be waived by the court.
26a. These reports shall include all of the following: The
27annual report shall state the age, the residence, and the
28living arrangements of the protected person, and sources of
29payment for the protected person’s living expenses during the
30reporting period.
31(1) Balance of funds on hand at the beginning and end of the
32period.
33(2) Disbursements made.
34(3) Changes in the conservator’s plan.
35(4) List of assets as of the end of the period.
-18- 1(5) Bond amount and surety’s name.
2(6) Residence and physical location of the protected
3person.
4(7) General physical and mental condition of the protected
5person.
6(8) Other information reflecting the condition of the
7conservatorship estate.
8b. These reports shall be filed: The conservator shall
9submit with the annual report an inventory of the assets of the
10protected person as of the last day of the reporting period the
11total value of assets at the beginning and end of the reporting
12period.
13(1) On an annual basis within sixty days of the end of the
14reporting period unless the court orders an extension for good
15cause shown in accordance with the rules of probate procedure.
16c. The annual report shall include an itemization of all
17income or funds received and all expenditures made by the
18conservator on behalf of the protected person. If any of
19the expenditures were made to provide support for or pay the
20debts of another person, the annual report shall include an
21explanation of these expenditures. If any of the expenditures
22were made to pay any liability or debt owed by the protected
23person to the conservator, the annual report shall include an
24explanation of these expenditures. If any of the expenditures
25were made to pay any liability or debt that is also owed by
26another person or entity, the annual report shall include an
27explanation of these expenditures.
28d. The annual report shall include the following budget and
29information related to the budget for the protected person:
30(1) A description of changes, if any, made in the budget
31approved by the court for the preceding reporting period.
32(2) A proposed budget and budget-related information for
33the next reporting period containing the information set forth
34in subsection 1, paragraph “c”.
35(3) A request for approval of the proposed budget and
-19-1authority to make expenditures in accordance with the proposed
2budget.
3e. The annual report shall include the following information
4related to the management of the assets of the protected
5person:
6(1) A description of changes, if any, in the plan for
7management of the assets of the protected person approved by
8the court for the preceding reporting period.
9(2) A proposed plan for management of the assets of the
10protected person for the next reporting period.
11(3) A request for approval of the proposed plan for
12management of the assets of the protected person and the
13authority to carry out the plan.
14f. The conservator shall include a statement as to how the
15conservator will involve the protected person in decisions
16about management of the conservatorship estate.
17g. The annual report shall describe, if ordered by the
18court, the actions that have been taken and that will be taken
19by the conservator to develop or restore the ability of the
20protected person to manage the conservatorship’s assets.
21h. The conservator may request court approval of fees
22provided by an attorney on behalf of the conservatorship or the
23protected person during the preceding reporting period.
24i. The conservator may request court approval of fees
25provided the conservator on behalf of the conservatorship or
26the protected person during the preceding reporting period.
274. The conservator shall file a verified final report with
28the court as follows:
29(2) a. Within thirty days following removal of the
30conservator.
31(3) b. Upon the conservator’s filing of a resignation and
32before the resignation is accepted by the court.
33(4) c. Within sixty days following the termination of the
34conservatorship.
35(5) d. At other times as ordered by the court.
-20- 1c. 5. Reports required by this section The initial
2financial management plan, the inventory of the protected
3person’s assets, and the annual report shall be served,
4annually, on the protected person, the protected person’s
5attorney, if any, and court visitor, if any, and the veterans
6administration if the protected person is receiving veterans
7 veterans’ benefits.
86. The court, for good cause, may extend the deadline for
9filing required reports. Required reports of a conservator
10which are not timely filed and which are delinquent, and for
11which no extension for filing has been granted by the court,
12shall be administered as provided in section 633.32.
13 Sec. 33. Section 633.675, subsections 2, 3, and 4, Code
142021, are amended to read as follows:
152. The court shall terminate a guardianship for an adult if
16it the court finds by clear and convincing evidence that the
17basis for appointing a guardian pursuant to section 633.552 has
18not been established.
193. The court shall terminate a conservatorship if the court
20finds by clear and convincing evidence that the basis for
21appointing a conservator pursuant to section 633.553 or 633.554
22is not satisfied.
234. The standard of proof and the burden of proof to be
24applied in a termination proceeding to terminate a guardianship
25or conservatorship for an adult shall be the same as set forth
26in section 633.551, subsection 2.
27DIVISION III
28CONFORMING CHANGES
29 Sec. 34. Section 633.3, subsections 9, 17, 22, and 23, Code
302021, are amended to read as follows:
319. Conservator — means a person appointed by the court
32to have the custody and control of the property of a ward
33 protected person under the provisions of this probate code.
3417. Estate — the real and personal property of either a
35decedent or a ward protected person, and may also refer to the
-21-1real and personal property of a trust described in section
2633.10.
322. Guardian — means the person appointed by the court to
4have the custody of the person of the ward protected person
5 under the provisions of this probate code.
623. Guardian of the property — at the election of the
7person appointed by the court to have the custody and care of
8the property of a ward protected person, the term “guardian of
9the property” may be used, which term shall be synonymous with
10the term “conservator”.
11 Sec. 35. Section 633.78, subsection 1, unnumbered paragraph
121, Code 2021, is amended to read as follows:
13A fiduciary under this chapter may present a written request
14to any person for the purpose of obtaining property owned by
15a decedent or by a ward protected person of a conservatorship
16for which the fiduciary has been appointed, or property to
17which a decedent or ward protected person is entitled, or
18for information about such property needed to perform the
19fiduciary’s duties. The request must contain statements
20confirming all of the following:
21 Sec. 36. Section 633.78, subsection 1, paragraph b, Code
222021, is amended to read as follows:
23b. The request has been signed by all fiduciaries acting on
24behalf of the decedent or ward protected person.
25 Sec. 37. Section 633.78, subsection 4, paragraph a, Code
262021, is amended to read as follows:
27a. Damages sustained by the decedent’s or ward’s protected
28person’s estate.
29 Sec. 38. Section 633.80, Code 2021, is amended to read as
30follows:
31633.80 Fiduciary of a fiduciary.
32A fiduciary has no authority to act in a matter wherein the
33fiduciary’s decedent or ward protected person was merely a
34fiduciary, except that the fiduciary shall file a report and
35accounting on behalf of the decedent or ward protected person
-22-1 in said matter.
2 Sec. 39. Section 633.93, Code 2021, is amended to read as
3follows:
4633.93 Limitation on actions affecting deeds.
5No action for recovery of any real estate sold by any
6fiduciary can be maintained by any person claiming under the
7deceased, the ward protected person, or a beneficiary, unless
8brought within five years after the date of the recording of
9the conveyance.
10 Sec. 40. Section 633.112, Code 2021, is amended to read as
11follows:
12633.112 Discovery of property.
13The court may require any person suspected of having
14possession of any property, including records and documents,
15of the decedent, ward protected person, or the estate, or of
16having had such property under the person’s control, to appear
17and submit to an examination under oath touching such matters,
18and if on such examination it appears that the person has the
19wrongful possession of any such property, the court may order
20the delivery thereof to the fiduciary. Such a person shall be
21liable to the estate for all damages caused by the person’s
22acts.
23 Sec. 41. Section 633.123, subsection 1, paragraph b,
24subparagraph (3), Code 2021, is amended to read as follows:
25(3) The needs and rights of the beneficiaries or the ward
26 protected person.
27 Sec. 42. Section 633.580, subsections 1 and 4, Code 2021,
28are amended to read as follows:
291. The name, age, and last known post office address of the
30proposed ward protected person.
314. A general description of the property of the proposed
32ward protected person within this state and of the proposed
33ward’s protected person’s right to receive property; also, the
34estimated present value of the real estate, the estimated value
35of the personal property, and the estimated gross annual income
-23-1of the estate. If any money is payable, or to become payable,
2to the proposed ward protected person by the United States
3through the United States department of veterans affairs, the
4petition shall so state.
5 Sec. 43. Section 633.591A, Code 2021, is amended to read as
6follows:
7633.591A Voluntary petition for appointment of conservator
8for a minor — standby basis.
9A person having physical and legal custody of a minor
10may execute a verified petition for the appointment of a
11standby conservator of the proposed ward’s protected person’s
12 property, upon the express condition that the petition shall
13be acted upon by the court only upon the occurrence of an event
14specified or the existence of a described condition of the
15mental or physical health of the petitioner, the occurrence
16of which event, or the existence of which condition, shall be
17established in the manner directed in the petition.
18 Sec. 44. Section 633.603, Code 2021, is amended to read as
19follows:
20633.603 Appointment of foreign conservators.
21When there is no conservatorship, nor any application
22therefor pending, in this state, the duly qualified foreign
23conservator or guardian of a nonresident ward protected
24person may, upon application, be appointed conservator of the
25property of such person in this state; provided that a resident
26conservator is appointed to serve with the foreign conservator;
27and provided further, that for good cause shown, the court
28may appoint the foreign conservator to act alone without the
29appointment of a resident conservator.
30 Sec. 45. Section 633.604, Code 2021, is amended to read as
31follows:
32633.604 Application.
33The application for appointment of a foreign conservator
34or guardian as conservator in this state shall include the
35name and address of the nonresident ward protected person, and
-24-1of the nonresident conservator or guardian, and the name and
2address of the resident conservator to be appointed. It shall
3be accompanied by a certified copy of the original letters
4or other authority conferring the power upon the foreign
5conservator or guardian to act as such. The application
6shall also state the cause for the appointment of the foreign
7conservator to act as sole conservator, if such be the case.
8 Sec. 46. Section 633.605, Code 2021, is amended to read as
9follows:
10633.605 Personal property.
11A foreign conservator or guardian of a nonresident may
12be authorized by the court of the county wherein such ward
13 protected person has personal property to receive the same upon
14compliance with the provisions of sections 633.606, 633.607 and
15633.608.
16 Sec. 47. Section 633.607, Code 2021, is amended to read as
17follows:
18633.607 Order for delivery.
19Upon the filing of the bond as above provided, and the court
20being satisfied with the amount thereof, it shall order the
21personal property of the ward protected person delivered to
22such conservator or guardian.
23 Sec. 48. Section 633.633, Code 2021, is amended to read as
24follows:
25633.633 Provisions applicable to all fiduciaries shall
26govern.
27The provisions of this probate code applicable to all
28fiduciaries shall govern the appointment, qualification, oath
29and bond of guardians and conservators, except that a guardian
30shall not be required to give bond unless the court, for good
31cause, finds that the best interests of the ward protected
32person require a bond. The court shall then fix the terms and
33conditions of such bond.
34 Sec. 49. Section 633.633B, Code 2021, is amended to read as
35follows:
-25- 1633.633B Tort liability of guardians and conservators.
2The fact that a person is a guardian or conservator shall not
3in itself make the person personally liable for damages for the
4acts of the ward protected person.
5 Sec. 50. Section 633.636, Code 2021, is amended to read as
6follows:
7633.636 Effect of appointment of guardian or conservator.
8The appointment of a guardian or conservator shall not
9constitute an adjudication that the ward protected person is of
10unsound mind.
11 Sec. 51. Section 633.637, Code 2021, is amended to read as
12follows:
13633.637 Powers of ward protected person.
141. A ward protected person for whom a conservator has been
15appointed shall not have the power to convey, encumber, or
16dispose of property in any manner, other than by will if the
17ward protected person possesses the requisite testamentary
18capacity, unless the court determines that the ward protected
19person has a limited ability to handle the ward’s protected
20person’s own funds. If the court makes such a finding, the
21court shall specify to what extent the ward protected person
22 may possess and use the ward’s protected person’s own funds.
232. Any modification of the powers of the ward protected
24person that would be more restrictive of the ward’s protected
25person’s control over the ward’s protected person’s financial
26affairs shall be based upon clear and convincing evidence
27and the burden of persuasion is on the conservator. Any
28modification that would be less restrictive of the ward’s
29 protected person’s control over the ward’s protected person’s
30 financial affairs shall be based upon proof in accordance with
31the requirements of section 633.675.
32 Sec. 52. Section 633.637A, Code 2021, is amended to read as
33follows:
34633.637A Rights of ward protected person under guardianship.
35An adult ward protected person under a guardianship has the
-26-1right of communication, visitation, or interaction with other
2persons upon the consent of the adult ward protected person,
3subject to section 633.635, subsection 2, paragraph “i”, and
4section 633.635, subsection 3, paragraph “c”. If an adult ward
5 protected person is unable to give express consent to such
6communication, visitation, or interaction with a person due
7to a physical or mental condition, consent of an adult ward
8 protected person may be presumed by a guardian or a court based
9on an adult ward’s protected person’s prior relationship with
10such person.
11 Sec. 53. Section 633.638, Code 2021, is amended to read as
12follows:
13633.638 Presumption of fraud.
14If a conservator be appointed, all contracts, transfers and
15gifts made by the ward protected person after the filing of the
16petition shall be presumed to be a fraud against the rights
17and interest of the ward protected person except as otherwise
18directed by the court pursuant to section 633.637.
19 Sec. 54. Section 633.639, Code 2021, is amended to read as
20follows:
21633.639 Title to ward’s protected person’s property.
22The title to all property of the ward protected person is
23in the ward protected person and not the conservator subject,
24however, to the possession of the conservator and to the
25control of the court for the purposes of administration,
26sale or other disposition, under the provisions of the
27law. Any real property titled at any time in the name of a
28conservatorship shall be deemed to be titled in the ward’s
29 protected person’s name subject to the conservator’s right of
30possession.
31 Sec. 55. Section 633.640, Code 2021, is amended to read as
32follows:
33633.640 Conservator’s right to possession.
34Every conservator shall have a right to, and shall take,
35possession of all of the real and personal property of the
-27-1ward protected person. The conservator shall pay the taxes
2and collect the income therefrom until the conservatorship is
3terminated. The conservator may maintain an action for the
4possession of the property, and to determine the title to the
5same.
6 Sec. 56. Section 633.643, Code 2021, is amended to read as
7follows:
8633.643 Disposal of will by conservator.
9When an instrument purporting to be the will of the ward
10 protected person comes into the hands of a conservator, the
11conservator shall immediately deliver it to the court.
12 Sec. 57. Section 633.644, Code 2021, is amended to read as
13follows:
14633.644 Court order to preserve testamentary intent of ward
15 protected person.
16Upon receiving an instrument purporting to be the will of a
17living ward protected person under the provisions of section
18633.643, the court may open said will and read it. The court
19with or without notice, as it may determine, may enter such
20orders in the conservatorship as it deems advisable for the
21proper administration of the conservatorship in light of the
22expressed testamentary intent of the ward protected person.
23 Sec. 58. Section 633.645, Code 2021, is amended to read as
24follows:
25633.645 Court to deliver will to clerk.
26An instrument purporting to be the will of a ward protected
27person coming into the hands of the court under the provisions
28of section 633.643, shall thereafter be resealed by the court
29and be deposited with the clerk to be held by said clerk as
30provided in sections 633.286 through 633.289.
31 Sec. 59. Section 633.653A, Code 2021, is amended to read as
32follows:
33633.653A Claims for cost of medical care or services.
34The provision of medical care or services to a ward protected
35person who is a recipient of medical assistance under chapter
-28-1249A creates a claim against the conservatorship for the amount
2owed to the provider under the medical assistance program for
3the care or services. The amount of the claim, after being
4allowed or established as provided in this part, shall be paid
5by the conservator from the assets of the conservatorship.
6 Sec. 60. Section 633.654, Code 2021, is amended to read as
7follows:
8633.654 Form and verification of claims — general
9requirements.
10No claim shall be allowed against the estate of a ward
11 protected person upon application of the claimant unless
12it shall be in writing, filed in duplicate with the clerk,
13stating the claimant’s name and address, and describing the
14nature and the amount thereof, if ascertainable. It shall be
15accompanied by the affidavit of the claimant, or of someone for
16the claimant, that the amount is justly due, or if not due,
17when it will or may become due, that no payments have been
18made thereon which are not credited, and that there are no
19offsets to the same, to the knowledge of the affiant, except as
20therein stated. The duplicate of said claim shall be mailed
21by the clerk to the conservator or the conservator’s attorney
22of record; however, valid contract claims arising in the
23ordinary course of the conduct of the business or affairs of
24the ward protected person by the conservator may be paid by the
25conservator without requiring affidavit or filing.
26 Sec. 61. Section 633.656, Code 2021, is amended to read as
27follows:
28633.656 How claim entitled.
29All claims filed against the estate of the ward protected
30person shall be entitled in the name of the claimant against
31the conservator as such, naming the conservator, and in all
32further proceedings thereon, this title shall be preserved.
33 Sec. 62. Section 633.660, Code 2021, is amended to read as
34follows:
35633.660 Execution and levy prohibited.
-29- 1No execution shall issue upon, nor shall any levy be made
2against, any property of the estate of a ward protected person
3 under any judgment against the ward protected person or a
4conservator, but the provisions of this section shall not be so
5construed as to prevent the enforcement of a mortgage, pledge,
6or other lien upon property in an appropriate proceeding.
7 Sec. 63. Section 633.661, Code 2021, is amended to read as
8follows:
9633.661 Claims of conservators.
10If the conservator is a creditor of the ward, the conservator
11shall file the claim as other creditors, and the court shall
12appoint some competent person as temporary conservator to
13represent the ward protected person at the hearing on the
14conservator’s claim. The same procedure shall be followed in
15the case of coconservators where all such conservators are
16creditors of the ward protected person; but if one of the
17coconservators is not a creditor of the ward protected person,
18such disinterested conservator shall represent the ward at the
19hearing on any claim against the ward protected person by a
20coconservator.
21 Sec. 64. Section 633.662, Code 2021, is amended to read as
22follows:
23633.662 Claims not filed.
24The conservator may pay any valid claim against the estate of
25the ward protected person even though such claim has not been
26filed, but all such payments made by the conservator shall be
27at the conservator’s own peril.
28 Sec. 65. Section 633.664, Code 2021, is amended to read as
29follows:
30633.664 Liens not affected by failure to file claim.
31Nothing in sections 633.654 and 633.658 shall affect or
32prevent an action or proceeding to enforce any mortgage,
33pledge, or other lien upon the property of the ward protected
34person.
35 Sec. 66. Section 633.665, Code 2021, is amended to read as
-30-1follows:
2633.665 Separate actions and claims.
31. Any action pending against the ward protected person at
4the time the conservator is appointed shall also be considered
5a claim filed in the conservatorship if notice of substitution
6is served on the conservator as defendant and a duplicate of
7the proof of service of notice of such proceeding is filed in
8the conservatorship proceeding.
92. A separate action based on a debt or other liability
10of the ward protected person may be commenced against the
11conservator in lieu of filing a claim in the conservatorship.
12Such an action shall be commenced by serving an original notice
13on the conservator and filing a duplicate of the proof of
14service of notice of such proceeding in the conservatorship
15proceeding. Such an action shall also be considered a claim
16filed in the conservatorship. Such an action may be commenced
17only in a county where the venue would have been proper if
18there were no conservatorship and the action had been commenced
19against the ward protected person.
20 Sec. 67. Section 633.667, Code 2021, is amended to read as
21follows:
22633.667 Payment of claims in insolvent conservatorships.
23When it appears that the assets in a conservatorship are
24insufficient to pay in full all the claims against such
25conservatorship, the conservator shall report such matter to
26the court, and the court shall, upon hearing, with notice to
27all persons who have filed claims in the conservatorship, make
28an order for the pro rata payment of claims giving claimants
29the same priority, if any, as they would have if the ward
30 protected person were not under conservatorship.
31 Sec. 68. Section 633.668, Code 2021, is amended to read as
32follows:
33633.668 Conservator may make gifts.
34For good cause shown and under order of court, a conservator
35may make gifts on behalf of the ward protected person out of
-31-1the assets under a conservatorship to persons or religious,
2educational, scientific, charitable, or other nonprofit
3organizations to whom or to which such gifts were regularly
4made prior to the commencement of the conservatorship, or on
5a showing to the court that such gifts would benefit the ward
6 protected person or the ward’s protected person’s estate from
7the standpoint of income, gift, estate or inheritance taxes.
8The making of gifts out of the assets must not foreseeably
9impair the ability to provide adequately for the best interests
10of the ward protected person.
11 Sec. 69. Section 633.673, Code 2021, is amended to read as
12follows:
13633.673 Court costs in guardianships.
14The ward protected person or the ward’s protected person’s
15 estate shall be charged with the court costs of a ward’s
16guardianship, including the guardian’s fees and the fees of the
17attorney for the guardian. The court may, upon application,
18enter an order waiving payment of the court costs in indigent
19cases. However, if the ward protected person or ward’s
20 protected person’s estate becomes financially capable of paying
21any waived costs, the costs shall be paid immediately.
22 Sec. 70. Section 633.676, Code 2021, is amended to read as
23follows:
24633.676 Assets exhausted.
25At any time that the assets of the ward’s protected person’s
26 estate do not exceed the amount of the charges and claims
27against it, the court may direct the conservator to proceed to
28terminate the conservatorship.
29 Sec. 71. Section 633.677, Code 2021, is amended to read as
30follows:
31633.677 Accounting to ward protected person — notice.
32Upon the termination of a conservatorship, the conservator
33shall pay the costs of administration and shall render a full
34and complete accounting to the ward protected person or the
35ward’s protected person’s personal representative and to the
-32-1court. Notice of the final report of a conservator shall be
2served on the ward protected person or the ward’s protected
3person’s personal representative, in accordance with section
4633.40, unless notice is waived. An order prescribing notice
5may be made before or after the filing of the final report.
6 Sec. 72. Section 633.681, Code 2021, is amended to read as
7follows:
8633.681 Assets of minor ward protected person exhausted.
9When the assets of a minor ward’s protected person’s
10 conservatorship are exhausted or consist of personal property
11only of an aggregate value not in excess of twenty-five
12thousand dollars, the court, upon application or upon its
13own motion, may terminate the conservatorship. The order
14for termination shall direct the conservator to deliver any
15property remaining after the payment of allowed claims and
16expenses of administration to a custodian under any uniform
17transfers to minors Act. Such delivery shall have the same
18force and effect as if delivery had been made to the ward
19 protected person after attaining majority.
20 Sec. 73. Section 633.682, Code 2021, is amended to read as
21follows:
22633.682 Discharge of conservator and release of bond.
23Upon settlement of the final accounting of a conservator,
24and upon determining that the property of the ward protected
25person has been delivered to the person or persons lawfully
26entitled thereto, the court shall discharge the conservator and
27exonerate the surety on the conservator’s bond.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the administration of adult and minor
32guardianships and conservatorships.
33Under current law, the juvenile court has exclusive
34jurisdiction of guardianship proceedings. The bill provides
35that the juvenile court also has exclusive jurisdiction over
-33-1guardianships of minors.
2The bill creates a new Code section that makes official
3juvenile court records in guardianships confidential and not
4public records. The following people are authorized to request
5the records without court order: the judge and professional
6court staff, the minor and the minor’s counsel, the minor’s
7parent, guardian, or custodian, court visitor, and any counsel
8representing such person, so long as they do not disclose the
9confidential record or contents unless required by law.
10Under current law, the petition for minor and adult
11guardianships includes the name and address of any adult
12who has had the primary care of the minor or with whom the
13protected person has lived for at least six months prior to the
14filing of the petition. The bill requires the name and address
15of any adult who has had the primary care of the protected
16person or with whom the protected person had lived with at any
17time during the six months prior to the filing of the petition.
18The bill provides that in addition to stating in the
19guardianship for the minor petition why a limited guardianship
20is appropriate, the petition must also state whether a
21conservatorship for the minor is already in place.
22The bill provides that notice of a guardianship proceeding
23must be given to any adult with whom the minor has lived for the
24six months immediately preceding the filing of the petition.
25The bill further provides that if a minor’s known parents
26have not consented to the appointment of a guardian, the notice
27of the filing of a guardianship petition shall inform the known
28parents that they are entitled to representation if they meet
29the conditions in Code section 232D.304.
30Under current law, qualification for a court visitor is not
31provided. The bill provides a person is qualified to serve
32as a court visitor for a minor or adult protected person if
33the court determines the person has demonstrated sufficient
34knowledge of guardianships to adequately perform the duties of
35a court visitor.
-34- 1The bill changes the requirements of the background checks
2for a proposed guardian of the minor. Previously, the proposed
3guardian for the minor could use background checks from the
4past 12 months prior to filing the petition. The bill changes
5that time frame to six months and adds that the background
6check needs to have been provided to the court. The bill also
7includes the same provision for adult guardianships.
8The bill strikes a reference to “without prior court
9approval” in a Code section listing powers a court may grant
10to a guardian.
11The bill also directs that the initial verified care plan
12must include the guardian’s plan for applying and receiving
13funds and benefits for the support of the minor.
14The bill allows a district court conducting checks of the
15dependent adult abuse registry for all proposed guardians and
16conservators pursuant to Code section 633.564 to have access
17to dependent adult abuse information other than unfounded
18dependent adult abuse information.
19The bill provides that a court visitor will be discharged
20upon the appointment of a guardian or conservator unless
21ordered by the court to continue.
22The bill enacts new Code section 633.640A, which provides
23the powers of a conservator upon appointment. The bill
24provides that an order appointing a conservator shall state
25the basis for the conservatorship, and upon appointment
26the conservator may exercise the powers relating to all
27fiduciaries, unless expressly modified by the court, without
28prior court approval. These powers include but are not
29limited to the following: making written requests for the
30purpose of obtaining the property of the protected person,
31or obtaining information about the property of the protected
32person; designating and employing an attorney to assist in
33the administration of the estate of the protected person;
34holding investments in the name of a bank or trustee company;
35and requiring a bank to show ownership of investments held in
-35-1nominee name and keep them separate from the assets of the
2bank. The bill further provides that until the conservator
3files and the court approves an initial financial management
4plan, the conservator may exercise the following powers without
5court approval except as otherwise ordered by the court:
6collect, receive, and receipt for any principal or income of
7the protected person; receive property of the protected person
8from any source; and continue to hold any investment or other
9property of the protected person. The bill also provides that
10the clerk of the court shall issue letters of appointment upon
11the filing of an appropriate oath by the conservator and a
12copy of the initial order of the court and any future order,
13granting or limiting the authority of the conservator to act on
14behalf of the protected person shall be attached to the letters
15of appointment.
16The bill amends the information required to be contained in
17a guardian’s written verified reports including the initial
18care plan and annual reports, and information required to be
19included in reports by conservators including the initial
20financial management plan, including an inventory of the
21protected person’s assets and debts, the annual report, and the
22final report.
23The bill amends reporting requirements for guardians, and
24requires that guardians must obtain court approval prior to any
25significant deviation from the initial care plan filed with the
26court.
27The bill amends reporting requirements for conservators.
28The conservator must give notice of filing a plan, and if no
29objection is made within 20 days, the conservator must submit
30a proposed order to the court approving the initial plan. If
31there are objections to the plan, the court must set the matter
32for hearing.
33The bill makes conforming changes to the probate code by
34changing the term “ward” to “protected person”.
-36-cm/jh
2of adult and minor guardianships and conservatorships.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2MINOR GUARDIANSHIPS
3 Section 1. Section 232.3, subsection 1, Code 2021, is
4amended to read as follows:
51. During the pendency of an action under this chapter, a
6party to the action is estopped from litigating concurrently
7the custody, guardianship, or placement of a child who is the
8subject of the action, in a court other than the juvenile court
9with jurisdiction of the pending action under this chapter. A
10district judge, district associate judge, juvenile court judge,
11 magistrate, or judicial hospitalization referee, upon notice
12of the pendency of an action under this chapter, shall not
13issue an order, finding, or decision relating to the custody,
14guardianship, or placement of the child who is the subject of
15the action, under any law, including but not limited to chapter
16232D, 598, or 598B, or 633.
17 Sec. 2. Section 232.3, Code 2021, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 3. An action which is pending under chapter
20232D prior to an action being brought under this chapter shall
21be stayed by the court in the chapter 232D action unless the
22court follows the procedures in subsection 2 and authorizes a
23party to the action to litigate a specific issue under this
24chapter.
25 Sec. 3. Section 232D.103, Code 2021, is amended to read as
26follows:
27232D.103 Jurisdiction.
28The juvenile court has exclusive jurisdiction in a
29guardianship proceeding concerning a minor who is alleged to be
30in need of a guardianship and guardianships of minors.
31 Sec. 4. NEW SECTION. 232D.107 Confidentiality.
32Official juvenile court records in guardianship proceedings
33shall be confidential and are not public records. Confidential
34records may be inspected and their contents shall be disclosed
35to the following without court order, provided that a person
-1-1or entity who inspects or receives a confidential record under
2this section shall not disclose the confidential record or its
3contents unless required by law:
41. The judge and professional court staff.
52. The minor and the minor’s counsel.
63. The minor’s parent, guardian or custodian, court
7visitor, and any counsel representing such person.
8 Sec. 5. Section 232D.301, subsection 2, paragraph d,
9subparagraph (3), Code 2021, is amended to read as follows:
10(3) Any adult who has had the primary care of the minor or
11with whom the minor has lived for at least any time during the
12 six months prior to immediately preceding the filing of the
13petition.
14 Sec. 6. Section 232D.301, subsection 4, Code 2021, is
15amended to read as follows:
164. The petition shall state whether a limited guardianship
17is appropriate, and whether a conservatorship for the minor is
18already in existence.
19 Sec. 7. Section 232D.302, subsection 2, Code 2021, is
20amended to read as follows:
212. Notice shall be served upon the minor’s known parents
22listed in the petition in accordance with the rules of civil
23procedure. If the parent has not filed a consent to the
24appointment of a guardian, the notice shall inform any parent
25named in the petition that the parent may be entitled to
26representation under the conditions described in section
27232D.304.
28 Sec. 8. Section 232D.305, subsection 1, Code 2021, is
29amended to read as follows:
301. The court may appoint a court visitor for the minor. A
31person is qualified to serve as a court visitor if the court
32determines the person has demonstrated sufficient knowledge of
33guardianships to adequately perform the duties in subsection 3.
34 Sec. 9. Section 232D.306, Code 2021, is amended by adding
35the following new subsection:
-2-1 NEW SUBSECTION. 4. A hearing on the petition may be
2recorded if a court reporter is not used.
3 Sec. 10. Section 232D.307, subsection 1, Code 2021, is
4amended to read as follows:
51. The court shall request criminal record checks and checks
6of the child abuse, dependent adult abuse, and sex offender
7registries in this state for all proposed guardians other than
8financial institutions with Iowa trust powers unless a proposed
9guardian has undergone the required background checks in this
10section within the twelve six months prior to the filing of
11a petition and the background check has been provided to the
12court.
13 Sec. 11. Section 232D.401, subsection 1, Code 2021, is
14amended to read as follows:
151. The order by the court appointing a guardian for a minor
16shall state the basis for the order and the date on which the
17first reporting period for the guardianship will end.
18 Sec. 12. Section 232D.401, subsection 3, unnumbered
19paragraph 1, Code 2021, is amended to read as follows:
20An order by the court appointing a guardian for a minor shall
21state the powers granted to the guardian. Except as otherwise
22limited by court order, the The court may grant the guardian
23the following powers, which may be exercised without prior
24court approval:
25 Sec. 13. Section 232D.501, subsection 1, paragraph a, Code
262021, is amended by adding the following new subparagraph:
27 NEW SUBPARAGRAPH. (2A) The guardian’s plan, if any, for
28applying for and receiving funds and benefits payable for the
29support of the minor.
30 Sec. 14. Section 232D.501, subsection 1, paragraph b, Code
312021, is amended by adding the following new subparagraphs:
32 NEW SUBPARAGRAPH. (11) The results of the guardian’s
33efforts to apply for funds or benefits for the minor, and
34an accounting for the use of such funds or benefits by the
35guardian.
-3-1 NEW SUBPARAGRAPH. (12) Any other information the guardian
2deems necessary for the court to consider.
3 Sec. 15. Section 232D.501, Code 2021, is amended by adding
4the following new subsections:
5 NEW SUBSECTION. 5. A copy of the verified initial care plan
6and verified annual report shall be served, annually, on the
7protected person, the protected person’s attorney, if any, and
8court visitor, if any.
9 NEW SUBSECTION. 6. The court, for good cause, may extend
10the deadline for filing required reports. Required reports of
11a guardian which are not timely filed and which are delinquent,
12and for which no extension for filing has been granted by the
13court, shall be administered in the same manner as provided in
14section 633.32.
15DIVISION II
16ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS
17 Sec. 16. Section 235B.6, subsection 2, paragraph d, Code
182021, is amended by adding the following new subparagraph:
19 NEW SUBPARAGRAPH. (7) To a district court conducting
20checks of the dependent adult abuse registry for all proposed
21guardians and conservators pursuant to section 633.564.
22 Sec. 17. Section 633.556, subsections 4 and 5, Code 2021,
23are amended to read as follows:
244. The petition shall list the name and address of the
25petitioner and the petitioner’s relationship to the respondent
26 following:
27a. The respondent.
28b. The petitioner and the petitioner’s relationship to the
29respondent.
30c. The proposed guardian or conservator and the reason the
31proposed guardian or conservator should be selected.
325. The petition shall list the name and address, to the
33extent known, of the following:
34a. The name and address of the proposed guardian and the
35reason the proposed guardian should be selected.
-4- 1b. Any spouse of the respondent.
2c. Any adult children of the respondent.
3d. Any parents of the respondent.
4e. Any adult, who has had the primary care of the respondent
5or with whom the respondent has lived for at least any time
6during the six months prior to immediately preceding the filing
7of the petition, or any institution or facility where the
8respondent has resided for at least six months prior to any
9time during the six months immediately preceding the filing of
10the petition.
11f. Any legal representative or representative payee of the
12respondent.
13g. Any person designated as an attorney in fact in a durable
14power of attorney for health care which is valid under chapter
15144B, or any person designated as an agent in a durable power
16of attorney which is valid under chapter 633B.
17 Sec. 18. Section 633.560, subsection 3, Code 2021, is
18amended to read as follows:
193. The court shall require the proposed guardian or
20conservator to attend the hearing on the petition but the court
21may excuse the proposed guardian’s or conservator’s attendance
22for good cause shown.
23 Sec. 19. Section 633.561, subsection 6, Code 2021, is
24amended to read as follows:
256. If the court determines that it would be in the
26respondent’s best interest to have legal representation
27with respect to any further proceedings in a guardianship
28or conservatorship, the court may appoint an attorney to
29represent the respondent at the expense of the respondent or
30the respondent’s estate, or if the respondent is indigent the
31cost of the court appointed attorney shall be assessed against
32the county in which the proceedings are pending.
33 Sec. 20. Section 633.562, subsection 1, Code 2021, is
34amended to read as follows:
351. If the court determines that the appointment of a court
-5-1visitor would be in the best interest of the respondent, the
2court shall appoint a court visitor at the expense of the
3respondent or the respondent’s estate, or, if the respondent
4is indigent, the cost of the court visitor shall be assessed
5against the county in which the proceedings are pending. The
6court may appoint any qualified person as a court visitor in
7a guardianship or conservatorship proceeding. A person is
8qualified to serve in this capacity if the court determines the
9person has demonstrated sufficient knowledge of guardianships
10or conservatorships to adequately perform the duties in
11subsection 3.
12 Sec. 21. Section 633.562, Code 2021, is amended by adding
13the following new subsection:
14 NEW SUBSECTION. 7. A court visitor shall be discharged
15from all further duties upon appointment of a guardian or
16conservator, unless otherwise ordered by the court. The court
17may order a court visitor to continue to serve if the court
18determines continued service would be in the best interest of
19the protected person. If the court continues the service of
20the court visitor, the court may limit the direct duties of the
21court visitor as the court deems necessary. The court visitor
22shall thereafter continue to serve until discharged by the
23court.
24 Sec. 22. Section 633.564, subsection 1, Code 2021, is
25amended to read as follows:
261. The court shall request criminal record checks and
27checks of the child abuse, dependent adult abuse, and sexual
28offender registries in this state for all proposed guardians
29and conservators, other than financial institutions with Iowa
30trust powers, unless a proposed guardian or conservator has
31undergone the required background checks required by this
32section within the six months prior to the filing of a petition
33and the background check has been provided to the court.
34 Sec. 23. Section 633.569, Code 2021, is amended to read as
35follows:
-6- 1633.569 Emergency appointment of temporary guardian or
2conservator.
31. A person authorized to file a petition under section
4633.552, 633.553, or 633.554 633.556 or 633.557 may file an
5application for the emergency appointment of a temporary
6guardian or conservator.
72. Such application shall state all of the following:
8a. The name and address of the respondent.
90b. The name and address of the petitioner and the
10petitioner’s relationship to the respondent.
11b. The name and address of the proposed guardian or
12conservator and the reason the proposed guardian or conservator
13should be selected.
140c. The names and addresses, to the extent known, of any
15other persons who must be named in the petition for appointment
16of a guardian or conservator under section 633.556 or 633.557.
17c. The reason the emergency appointment of a temporary
18guardian or conservator is sought.
193. The court may enter an ex parte order appointing a
20temporary guardian or conservator on an emergency basis under
21this section if the court finds that all of the following
22conditions are met:
23a. There is not sufficient time to file a petition
24and hold a hearing pursuant to section 633.552, 633.553,
25or 633.554 633.556, 633.557, or 633.560.
26b. The appointment of a temporary guardian or conservator
27is necessary to avoid immediate or irreparable harm to the
28respondent before a hearing with notice to the respondent can
29be held.
30c. There is reason to believe that the basis for appointment
31of guardian or conservator exists under section 633.552,
32633.553, or 633.554 633.556 or 633.557.
334. Notice of a petition for the appointment of a temporary
34guardian or conservator and the issuance of an ex parte
35order appointing a temporary guardian or conservator shall be
-7-1provided to the respondent, the respondent’s attorney, and any
2other person the court determines should receive notice.
35. Upon the issuance of an ex parte order, if the respondent
4is an adult, the respondent may file a request for a hearing.
5If the respondent is a minor, the respondent, a parent having
6legal custody of the respondent, or any other person having
7legal custody of the respondent may file a written request for
8a hearing. Such hearing shall be held no later than seven days
9after the filing of a written request.
106. The powers of the temporary guardian or conservator
11set forth in the order of the court shall be limited to those
12necessary to address the emergency situation requiring the
13appointment of a temporary guardian or conservator.
147. The temporary guardianship or conservatorship shall
15terminate within thirty days after the order is issued.
168. The court may order an extension of the temporary
17guardianship or conservatorship for thirty days for good
18cause shown, including a showing that a hearing on a petition
19for a guardianship or conservatorship under section 633.556
20or 633.557 cannot be scheduled within thirty days after the
21order for a temporary guardianship or conservatorship is
22ordered. Prior to or contemporaneously with the filing for
23an application for the extension of time, the guardian or
24conservator shall file a report with the court setting forth
25all of the following:
26a. All actions conducted by the guardian or conservator on
27behalf of the protected person from the time of the initial
28appointment of the guardian up to the time of the report.
29b. All actions that the guardian or conservator plans to
30conduct on behalf of the protected person during the thirty-day
31extension period.
329. The temporary guardian or conservator shall submit any
33other report the court requires.
34 Sec. 24. Section 633.570, subsections 1 and 2, Code 2021,
35are amended to read as follows:
-8- 11. In a proceeding for the appointment of a guardian, the
2respondent shall be given written notice which advises the
3respondent of the powers that the court may grant a guardian
4may exercise without court approval pursuant to the powers set
5out in section 633.635, subsection 2, and the powers that the
6guardian may exercise only with court approval pursuant to set
7out in section 633.635, subsection 3.
82. In a proceeding for the appointment of a conservator,
9the respondent shall be given written notice which advises
10the respondent of the powers that the court may grant a
11conservator may exercise without court approval pursuant to
12 the powers set out in section 633.646 and the powers that the
13guardian may exercise only with court approval pursuant to
14section 633.647 633.642.
15 Sec. 25. Section 633.635, subsection 1, Code 2021, is
16amended to read as follows:
171. The order by the court appointing a guardian shall state
18the factual basis for the guardianship pursuant to section
19633.552 and the date on which the first reporting period for
20the guardianship shall end.
21 Sec. 26. Section 633.635, subsection 2, unnumbered
22paragraph 1, Code 2021, is amended to read as follows:
23Based upon the evidence produced at the hearing, the court
24may grant a guardian the following powers and duties with
25respect to a protected person which may be exercised without
26prior court approval:
27 Sec. 27. Section 633.635, subsection 3, unnumbered
28paragraph 1, Code 2021, is amended to read as follows:
29A Notwithstanding subsection 2, a guardian may be granted
30the following powers which may only be exercised upon court
31approval:
32 Sec. 28. NEW SECTION. 633.640A Powers of conservator upon
33appointment.
341. The order by the court appointing a conservator shall
35state the basis for the conservatorship pursuant to section
-9-1633.553 or pursuant to section 633.554.
22. Upon appointment, the conservator may exercise the
3powers relating to all fiduciaries as set out in sections
4633.63 through 633.162, unless expressly modified by the court,
5without prior court approval. These powers include but are not
6limited to the following:
7a. Make written requests for the purpose of obtaining the
8property of the protected person, or obtaining information
9about the property of the protected person pursuant to section
10633.78.
11b. Designate and employ an attorney to assist in the
12administration of the estate of the protected person pursuant
13to section 633.82.
14c. Hold investments in the name of a bank or trustee company
15pursuant to section 633.124.
16d. Require a bank to show ownership of investments held in
17nominee name and keep them separate from the assets of the bank
18pursuant to section 633.125.
193. Until such time as the conservator files an initial
20financial management plan and such plan is approved by the
21court as required by section 633.670, subsection 1, the
22conservator may exercise the following powers with respect to
23a protected person without court approval except as otherwise
24ordered by the court:
25a. Collect, receive, and receipt for any principal or income
26of the protected person.
27b. Receive property of the protected person from any source.
28c. Continue to hold any investment or other property of the
29protected person.
304. Upon the filing of an appropriate oath by the
31conservator, the clerk of the court shall issue letters of
32appointment. A copy of the initial order of the court and
33any future order, granting or limiting the authority of the
34conservator to act on behalf of the protected person shall be
35attached to the letters of appointment.
-10-1 Sec. 29. Section 633.641, subsection 3, Code 2021, is
2amended to read as follows:
33. If a protected person has executed a valid power of
4attorney under chapter 633B, the conservator shall act in
5accordance with the applicable provisions of chapter 633B.
6 If the court appoints a conservator for a protected person
7who has previously executed a valid power of attorney under
8chapter 633B, the power of attorney is suspended unless the
9power of attorney provides otherwise or the court appointing
10the conservator orders that the power of attorney should
11continue. If the power of attorney continues, the agent is
12accountable to the conservator as well as the principal. The
13power of attorney shall be reinstated upon termination of the
14conservatorship for reasons other than the protected person’s
15death.
16 Sec. 30. Section 633.642, unnumbered paragraph 1, Code
172021, is amended to read as follows:
18Except as otherwise ordered by the court, and except
19for those powers relating to all fiduciaries as set out in
20sections 633.63 through 633.162 which may be exercised without
21approval of the court unless expressly modified by the court,
22a conservator must give notice to persons entitled to notice
23and receive specific prior authorization by the court before
24the conservator may take any other action on behalf of the
25protected person. These other powers Powers requiring court
26approval include but are not limited to the authority of the
27conservator to:
28 Sec. 31. Section 633.669, Code 2021, is amended to read as
29follows:
30633.669 Reporting requirements — assistance Reports by clerk
31 guardians.
321. A guardian appointed by the court under this chapter
33shall file with the court the following written verified
34reports which shall not be waived by the court:
35a. An initial care plan filed within sixty days of
-11-1appointment. The information in the initial care plan shall
2include but not be limited to the following information:
3(1) The current residence of the protected person and the
4guardian’s plan for the protected person’s living arrangements.
5(2) The current sources of payment for the protected
6person’s living expenses and other expenses, and the guardian’s
7plan for payment of the protected person’s living expenses and
8other expenses.
9(3) The protected person’s health status and health care
10needs, and the guardian’s plan for meeting the protected
11person’s needs for medical, dental, and other health care
12needs.
13(3A) Whether the protected person has a living will or
14health care power of attorney.
15(4) If applicable, the protected person’s need for other
16professional services for mental, behavioral, or emotional
17health, and the guardian’s plan for other professional services
18needed by the protected person.
19(5) If applicable, the protected person’s employment
20status, the protected person’s need for educational, training,
21or vocational services, and the guardian’s plan for meeting the
22educational, training, and vocational needs of the protected
23person.
24(6) If applicable, the guardian’s plan for facilitating the
25participation of the protected person in social activities.
26(7) The guardian’s plan for facilitating contacts between
27the protected person and the protected person’s family members
28and other significant persons significant in the life of the
29protected person.
30(8) The guardian’s plan for contact with, and activities on
31behalf of, the protected person.
32(9) The powers that the guardian requests to carry out the
33initial care plan.
34(10) The guardian shall file an amended plan when there
35has been a significant change in the circumstances or the
-12-1guardian seeks to deviate significantly from the plan. The
2guardian must obtain court approval of the amended plan before
3implementing any of its provisions.
4b. An annual report, filed within sixty days of the close
5of the reporting period, unless the court otherwise orders on
6good cause shown. The information in the annual report shall
7include but not be limited to the following information:
8(1) The current living arrangements of the protected
9person.
10(2) The sources of payment for the protected person’s living
11expenses and other expenses.
12(3) A description, if applicable, of the following:
13(a) The protected person’s physical and mental health
14status and the medical, dental, and other professional health
15 services provided to the protected person.
16(b) If applicable, the protected person’s employment status
17and the educational, training, and vocational services provided
18to the protected person.
19(0c) The guardian’s facilitation of the participation of
20the protected person in social activities.
21(c) The contact of the protected person with family members
22and other significant persons.
23(d) The nature and extent of the guardian’s visits with, and
24activities on behalf of, the protected person.
25(04) The guardian’s changes to the care plan for the
26protected person for the next annual reporting period.
27(004) The powers that the guardian requests to carry out
28the care plan for the protected person for the next annual
29reporting period.
30(4) The guardian’s recommendation as to the need for
31continuation of the guardianship.
32(5) The ability of the guardian to continue as guardian.
33(6) The need of the guardian for assistance in providing or
34arranging for the provision of the care and protection of the
35protected person.
-13- 1(7) Any other information the guardian deems necessary for
2the court to consider.
3c. A final report within thirty days of the termination
4of the guardianship under section 633.675 unless that time is
5extended by the court.
62. The court shall develop a simplified uniform reporting
7form for use in filing the required reports.
83. The clerk of the court shall notify the guardian in
9writing of the reporting requirements and shall provide
10information and assistance to the guardian in filing the
11reports.
124. Reports of guardians shall be reviewed and approved by a
13district court judge or referee.
145. The court, for good cause, may extend the deadline for
15filing required reports. Required reports of a guardian which
16are not timely filed and which are delinquent, and for which no
17extension for filing has been granted by the court, shall be
18administered as provided in section 633.32.
196. Reports required by this section shall be served on the
20protected person, the protected person’s attorney, if any, and
21the court visitor, if any.
22 Sec. 32. Section 633.670, Code 2021, is amended to read as
23follows:
24633.670 Reports by conservators.
251. A conservator shall file an a verified initial financial
26management plan for protecting, managing, investing, expending,
27and distributing the assets of the conservatorship estate
28within ninety days after appointment which shall not be waived
29by the court. The plan must be based on the needs of the
30protected person and take into account the best interest of the
31protected person as well as the protected person’s preference,
32values, and prior directions to the extent known to, or
33reasonably ascertainable by, the conservator.
34a. The initial plan shall include all of the following: The
35initial financial management plan shall state the protected
-14-1person’s age, residence, living arrangements, and sources of
2payment for living expenses.
3(1) A budget containing projected expenses and resources,
4including an estimate of the total amount of fees the
5conservator anticipates charging per year and a statement or
6list of the amount the conservator proposes to charge for each
7service the conservator anticipates providing to the protected
8person.
9(2) A statement as to how the conservator will involve
10the protected person in decisions about management of the
11conservatorship estate.
12(3) If ordered by the court, any step the conservator plans
13to take to develop or restore the ability of the protected
14person to manage the conservatorship estate.
15(4) An estimate of the duration of the conservatorship.
16b. If applicable, the protected person’s will shall be filed
17with the court clerk and the protected person’s prepaid burial
18trust and powers of attorney shall be described.
19c. The conservator shall include a proposed budget for the
20protected person and budget-related information for the next
21annual reporting period including all of the following:
22(1) The protected person’s receipts and income and
23the projected sources of income including, if applicable,
24wages, social security income, pension and retirement plan
25distribution, veterans’ benefits, rental income, interest
26earnings, and dividends, and the total estimated receipts and
27income.
28(2) The protected person’s liabilities and debts including,
29if applicable, mortgage, car loans, credit card debt, federal,
30state, and property taxes owed and the total estimated
31liabilities and debts; a list and concise explanation of
32any liability or debt owed by the protected person to the
33conservator; and a list and concise explanation of the
34liability of any other person for a liability of the protected
35person.
-15- 1(3) The protected person’s estimated expenses on a monthly
2and annual basis including, if applicable, nursing home or
3facility charge, real property expenses for residence, food and
4household expenses, utilities, household help and caregiver
5expenses, health services and health insurance expenses,
6educational and vocational expenses, personal auto and other
7transportation expenses, clothing expenses, personal allowance
8and other personal expenses, liabilities and debts, attorney
9fees and other professional expenses, conservator fees, and
10other administrative expenses.
11d. The conservator shall include a list of the protected
12person’s assets and the conservator’s plan for management
13of these assets including, if applicable, financial
14accounts including checking and certificates of deposit and
15cash, investments including stocks, bonds, mutual funds,
16exchange-traded funds, individual retirement accounts and other
17investment accounts, pension, profit-sharing, annuities, and
18retirement funds, personal property including household goods
19and vehicles, receivables including mortgages and liens payable
20to the protected person’s estate or trust, life insurance, and
21other property.
22e. The conservator shall include a statement as to how the
23conservator will involve the protected person in decisions
24about management of the conservatorship estate.
25f. If ordered by the court, the conservator shall include
26any action the conservator plans to take to develop or
27restore the ability of the protected person to manage the
28conservatorship estate.
29g. The conservator shall include the authority that the
30conservator requests to carry out the initial financial plan
31including expenditures in accordance with the proposed budget
32for the protected person and the plan for the management of the
33assets of the protected person for the next annual reporting
34period.
35b. h. Within two days after filing the initial plan, the
-16-1 The conservator shall give provide notice of the filing of
2the initial plan with and a copy of the initial plan to the
3protected person, the protected person’s attorney, if any, and
4court visitor, if any, and others as directed by the court.
5The notice must state that any person entitled to a copy of
6the plan must file any objections to the plan not later than
7fifteen days after it is filed twenty days from the date of
8mailing notice of filing the initial plan.
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 visitor, if any, and others as directed by
18the 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” the initial financial management
25plan.
262. A conservator shall file attach an inventory of the
27protected person’s assets within ninety days after appointment
28and debts to the initial financial management plan, which
29includes an oath or affirmation that the inventory is believed
30to be complete and accurate as far as information permits.
31Copies After approval by the court, the conservator shall
32provide copies of the inventory shall be provided to the
33protected person, the protected person’s attorney, if any,
34 and court visitor, if any, and others as directed by the
35court. When the conservator receives additional property
-17-1of the protected person, or becomes aware of its existence,
2a description of the property shall be included in the
3conservator’s next annual report.
42A. A conservator shall attach to the initial financial
5management plan an inventory of the protected person’s assets
6and debts, which includes an oath or affirmation that the
7inventory is believed to be complete and accurate as far as
8information permits. The conservator shall provide copies of
9the inventory to the protected person, the protected person’s
10attorney, if any, and the court visitor, if any, and others
11as directed by the court. Any objections to the inventory
12shall be filed in the same manner and according to the same
13schedule as objections to the initial financial management
14plan. The court shall review the inventory and determine
15whether the inventory should be approved at the same time as
16the court reviews the initial financial management plan. When
17the conservator receives an additional asset of the protected
18person or becomes aware of its existence, or becomes aware
19of additional debt of the protected person, a description of
20the asset or debt shall be included in the conservator’s next
21annual report.
223. A conservator shall file a written and verified report on
23an annual basis for the period since the end of the preceding
24report period. The court which shall not waive these reports
25 be waived by the court.
26a. These reports shall include all of the following: The
27annual report shall state the age, the residence, and the
28living arrangements of the protected person, and sources of
29payment for the protected person’s living expenses during the
30reporting period.
31(1) Balance of funds on hand at the beginning and end of the
32period.
33(2) Disbursements made.
34(3) Changes in the conservator’s plan.
35(4) List of assets as of the end of the period.
-18- 1(5) Bond amount and surety’s name.
2(6) Residence and physical location of the protected
3person.
4(7) General physical and mental condition of the protected
5person.
6(8) Other information reflecting the condition of the
7conservatorship estate.
8b. These reports shall be filed: The conservator shall
9submit with the annual report an inventory of the assets of the
10protected person as of the last day of the reporting period the
11total value of assets at the beginning and end of the reporting
12period.
13(1) On an annual basis within sixty days of the end of the
14reporting period unless the court orders an extension for good
15cause shown in accordance with the rules of probate procedure.
16c. The annual report shall include an itemization of all
17income or funds received and all expenditures made by the
18conservator on behalf of the protected person. If any of
19the expenditures were made to provide support for or pay the
20debts of another person, the annual report shall include an
21explanation of these expenditures. If any of the expenditures
22were made to pay any liability or debt owed by the protected
23person to the conservator, the annual report shall include an
24explanation of these expenditures. If any of the expenditures
25were made to pay any liability or debt that is also owed by
26another person or entity, the annual report shall include an
27explanation of these expenditures.
28d. The annual report shall include the following budget and
29information related to the budget for the protected person:
30(1) A description of changes, if any, made in the budget
31approved by the court for the preceding reporting period.
32(2) A proposed budget and budget-related information for
33the next reporting period containing the information set forth
34in subsection 1, paragraph “c”.
35(3) A request for approval of the proposed budget and
-19-1authority to make expenditures in accordance with the proposed
2budget.
3e. The annual report shall include the following information
4related to the management of the assets of the protected
5person:
6(1) A description of changes, if any, in the plan for
7management of the assets of the protected person approved by
8the court for the preceding reporting period.
9(2) A proposed plan for management of the assets of the
10protected person for the next reporting period.
11(3) A request for approval of the proposed plan for
12management of the assets of the protected person and the
13authority to carry out the plan.
14f. The conservator shall include a statement as to how the
15conservator will involve the protected person in decisions
16about management of the conservatorship estate.
17g. The annual report shall describe, if ordered by the
18court, the actions that have been taken and that will be taken
19by the conservator to develop or restore the ability of the
20protected person to manage the conservatorship’s assets.
21h. The conservator may request court approval of fees
22provided by an attorney on behalf of the conservatorship or the
23protected person during the preceding reporting period.
24i. The conservator may request court approval of fees
25provided the conservator on behalf of the conservatorship or
26the protected person during the preceding reporting period.
274. The conservator shall file a verified final report with
28the court as follows:
29(2) a. Within thirty days following removal of the
30conservator.
31(3) b. Upon the conservator’s filing of a resignation and
32before the resignation is accepted by the court.
33(4) c. Within sixty days following the termination of the
34conservatorship.
35(5) d. At other times as ordered by the court.
-20- 1c. 5. Reports required by this section The initial
2financial management plan, the inventory of the protected
3person’s assets, and the annual report shall be served,
4annually, on the protected person, the protected person’s
5attorney, if any, and court visitor, if any, and the veterans
6administration if the protected person is receiving veterans
7 veterans’ benefits.
86. The court, for good cause, may extend the deadline for
9filing required reports. Required reports of a conservator
10which are not timely filed and which are delinquent, and for
11which no extension for filing has been granted by the court,
12shall be administered as provided in section 633.32.
13 Sec. 33. Section 633.675, subsections 2, 3, and 4, Code
142021, are amended to read as follows:
152. The court shall terminate a guardianship for an adult if
16it the court finds by clear and convincing evidence that the
17basis for appointing a guardian pursuant to section 633.552 has
18not been established.
193. The court shall terminate a conservatorship if the court
20finds by clear and convincing evidence that the basis for
21appointing a conservator pursuant to section 633.553 or 633.554
22is not satisfied.
234. The standard of proof and the burden of proof to be
24applied in a termination proceeding to terminate a guardianship
25or conservatorship for an adult shall be the same as set forth
26in section 633.551, subsection 2.
27DIVISION III
28CONFORMING CHANGES
29 Sec. 34. Section 633.3, subsections 9, 17, 22, and 23, Code
302021, are amended to read as follows:
319. Conservator — means a person appointed by the court
32to have the custody and control of the property of a ward
33 protected person under the provisions of this probate code.
3417. Estate — the real and personal property of either a
35decedent or a ward protected person, and may also refer to the
-21-1real and personal property of a trust described in section
2633.10.
322. Guardian — means the person appointed by the court to
4have the custody of the person of the ward protected person
5 under the provisions of this probate code.
623. Guardian of the property — at the election of the
7person appointed by the court to have the custody and care of
8the property of a ward protected person, the term “guardian of
9the property” may be used, which term shall be synonymous with
10the term “conservator”.
11 Sec. 35. Section 633.78, subsection 1, unnumbered paragraph
121, Code 2021, is amended to read as follows:
13A fiduciary under this chapter may present a written request
14to any person for the purpose of obtaining property owned by
15a decedent or by a ward protected person of a conservatorship
16for which the fiduciary has been appointed, or property to
17which a decedent or ward protected person is entitled, or
18for information about such property needed to perform the
19fiduciary’s duties. The request must contain statements
20confirming all of the following:
21 Sec. 36. Section 633.78, subsection 1, paragraph b, Code
222021, is amended to read as follows:
23b. The request has been signed by all fiduciaries acting on
24behalf of the decedent or ward protected person.
25 Sec. 37. Section 633.78, subsection 4, paragraph a, Code
262021, is amended to read as follows:
27a. Damages sustained by the decedent’s or ward’s protected
28person’s estate.
29 Sec. 38. Section 633.80, Code 2021, is amended to read as
30follows:
31633.80 Fiduciary of a fiduciary.
32A fiduciary has no authority to act in a matter wherein the
33fiduciary’s decedent or ward protected person was merely a
34fiduciary, except that the fiduciary shall file a report and
35accounting on behalf of the decedent or ward protected person
-22-1 in said matter.
2 Sec. 39. Section 633.93, Code 2021, is amended to read as
3follows:
4633.93 Limitation on actions affecting deeds.
5No action for recovery of any real estate sold by any
6fiduciary can be maintained by any person claiming under the
7deceased, the ward protected person, or a beneficiary, unless
8brought within five years after the date of the recording of
9the conveyance.
10 Sec. 40. Section 633.112, Code 2021, is amended to read as
11follows:
12633.112 Discovery of property.
13The court may require any person suspected of having
14possession of any property, including records and documents,
15of the decedent, ward protected person, or the estate, or of
16having had such property under the person’s control, to appear
17and submit to an examination under oath touching such matters,
18and if on such examination it appears that the person has the
19wrongful possession of any such property, the court may order
20the delivery thereof to the fiduciary. Such a person shall be
21liable to the estate for all damages caused by the person’s
22acts.
23 Sec. 41. Section 633.123, subsection 1, paragraph b,
24subparagraph (3), Code 2021, is amended to read as follows:
25(3) The needs and rights of the beneficiaries or the ward
26 protected person.
27 Sec. 42. Section 633.580, subsections 1 and 4, Code 2021,
28are amended to read as follows:
291. The name, age, and last known post office address of the
30proposed ward protected person.
314. A general description of the property of the proposed
32ward protected person within this state and of the proposed
33ward’s protected person’s right to receive property; also, the
34estimated present value of the real estate, the estimated value
35of the personal property, and the estimated gross annual income
-23-1of the estate. If any money is payable, or to become payable,
2to the proposed ward protected person by the United States
3through the United States department of veterans affairs, the
4petition shall so state.
5 Sec. 43. Section 633.591A, Code 2021, is amended to read as
6follows:
7633.591A Voluntary petition for appointment of conservator
8for a minor — standby basis.
9A person having physical and legal custody of a minor
10may execute a verified petition for the appointment of a
11standby conservator of the proposed ward’s protected person’s
12 property, upon the express condition that the petition shall
13be acted upon by the court only upon the occurrence of an event
14specified or the existence of a described condition of the
15mental or physical health of the petitioner, the occurrence
16of which event, or the existence of which condition, shall be
17established in the manner directed in the petition.
18 Sec. 44. Section 633.603, Code 2021, is amended to read as
19follows:
20633.603 Appointment of foreign conservators.
21When there is no conservatorship, nor any application
22therefor pending, in this state, the duly qualified foreign
23conservator or guardian of a nonresident ward protected
24person may, upon application, be appointed conservator of the
25property of such person in this state; provided that a resident
26conservator is appointed to serve with the foreign conservator;
27and provided further, that for good cause shown, the court
28may appoint the foreign conservator to act alone without the
29appointment of a resident conservator.
30 Sec. 45. Section 633.604, Code 2021, is amended to read as
31follows:
32633.604 Application.
33The application for appointment of a foreign conservator
34or guardian as conservator in this state shall include the
35name and address of the nonresident ward protected person, and
-24-1of the nonresident conservator or guardian, and the name and
2address of the resident conservator to be appointed. It shall
3be accompanied by a certified copy of the original letters
4or other authority conferring the power upon the foreign
5conservator or guardian to act as such. The application
6shall also state the cause for the appointment of the foreign
7conservator to act as sole conservator, if such be the case.
8 Sec. 46. Section 633.605, Code 2021, is amended to read as
9follows:
10633.605 Personal property.
11A foreign conservator or guardian of a nonresident may
12be authorized by the court of the county wherein such ward
13 protected person has personal property to receive the same upon
14compliance with the provisions of sections 633.606, 633.607 and
15633.608.
16 Sec. 47. Section 633.607, Code 2021, is amended to read as
17follows:
18633.607 Order for delivery.
19Upon the filing of the bond as above provided, and the court
20being satisfied with the amount thereof, it shall order the
21personal property of the ward protected person delivered to
22such conservator or guardian.
23 Sec. 48. Section 633.633, Code 2021, is amended to read as
24follows:
25633.633 Provisions applicable to all fiduciaries shall
26govern.
27The provisions of this probate code applicable to all
28fiduciaries shall govern the appointment, qualification, oath
29and bond of guardians and conservators, except that a guardian
30shall not be required to give bond unless the court, for good
31cause, finds that the best interests of the ward protected
32person require a bond. The court shall then fix the terms and
33conditions of such bond.
34 Sec. 49. Section 633.633B, Code 2021, is amended to read as
35follows:
-25- 1633.633B Tort liability of guardians and conservators.
2The fact that a person is a guardian or conservator shall not
3in itself make the person personally liable for damages for the
4acts of the ward protected person.
5 Sec. 50. Section 633.636, Code 2021, is amended to read as
6follows:
7633.636 Effect of appointment of guardian or conservator.
8The appointment of a guardian or conservator shall not
9constitute an adjudication that the ward protected person is of
10unsound mind.
11 Sec. 51. Section 633.637, Code 2021, is amended to read as
12follows:
13633.637 Powers of ward protected person.
141. A ward protected person for whom a conservator has been
15appointed shall not have the power to convey, encumber, or
16dispose of property in any manner, other than by will if the
17ward protected person possesses the requisite testamentary
18capacity, unless the court determines that the ward protected
19person has a limited ability to handle the ward’s protected
20person’s own funds. If the court makes such a finding, the
21court shall specify to what extent the ward protected person
22 may possess and use the ward’s protected person’s own funds.
232. Any modification of the powers of the ward protected
24person that would be more restrictive of the ward’s protected
25person’s control over the ward’s protected person’s financial
26affairs shall be based upon clear and convincing evidence
27and the burden of persuasion is on the conservator. Any
28modification that would be less restrictive of the ward’s
29 protected person’s control over the ward’s protected person’s
30 financial affairs shall be based upon proof in accordance with
31the requirements of section 633.675.
32 Sec. 52. Section 633.637A, Code 2021, is amended to read as
33follows:
34633.637A Rights of ward protected person under guardianship.
35An adult ward protected person under a guardianship has the
-26-1right of communication, visitation, or interaction with other
2persons upon the consent of the adult ward protected person,
3subject to section 633.635, subsection 2, paragraph “i”, and
4section 633.635, subsection 3, paragraph “c”. If an adult ward
5 protected person is unable to give express consent to such
6communication, visitation, or interaction with a person due
7to a physical or mental condition, consent of an adult ward
8 protected person may be presumed by a guardian or a court based
9on an adult ward’s protected person’s prior relationship with
10such person.
11 Sec. 53. Section 633.638, Code 2021, is amended to read as
12follows:
13633.638 Presumption of fraud.
14If a conservator be appointed, all contracts, transfers and
15gifts made by the ward protected person after the filing of the
16petition shall be presumed to be a fraud against the rights
17and interest of the ward protected person except as otherwise
18directed by the court pursuant to section 633.637.
19 Sec. 54. Section 633.639, Code 2021, is amended to read as
20follows:
21633.639 Title to ward’s protected person’s property.
22The title to all property of the ward protected person is
23in the ward protected person and not the conservator subject,
24however, to the possession of the conservator and to the
25control of the court for the purposes of administration,
26sale or other disposition, under the provisions of the
27law. Any real property titled at any time in the name of a
28conservatorship shall be deemed to be titled in the ward’s
29 protected person’s name subject to the conservator’s right of
30possession.
31 Sec. 55. Section 633.640, Code 2021, is amended to read as
32follows:
33633.640 Conservator’s right to possession.
34Every conservator shall have a right to, and shall take,
35possession of all of the real and personal property of the
-27-1ward protected person. The conservator shall pay the taxes
2and collect the income therefrom until the conservatorship is
3terminated. The conservator may maintain an action for the
4possession of the property, and to determine the title to the
5same.
6 Sec. 56. Section 633.643, Code 2021, is amended to read as
7follows:
8633.643 Disposal of will by conservator.
9When an instrument purporting to be the will of the ward
10 protected person comes into the hands of a conservator, the
11conservator shall immediately deliver it to the court.
12 Sec. 57. Section 633.644, Code 2021, is amended to read as
13follows:
14633.644 Court order to preserve testamentary intent of ward
15 protected person.
16Upon receiving an instrument purporting to be the will of a
17living ward protected person under the provisions of section
18633.643, the court may open said will and read it. The court
19with or without notice, as it may determine, may enter such
20orders in the conservatorship as it deems advisable for the
21proper administration of the conservatorship in light of the
22expressed testamentary intent of the ward protected person.
23 Sec. 58. Section 633.645, Code 2021, is amended to read as
24follows:
25633.645 Court to deliver will to clerk.
26An instrument purporting to be the will of a ward protected
27person coming into the hands of the court under the provisions
28of section 633.643, shall thereafter be resealed by the court
29and be deposited with the clerk to be held by said clerk as
30provided in sections 633.286 through 633.289.
31 Sec. 59. Section 633.653A, Code 2021, is amended to read as
32follows:
33633.653A Claims for cost of medical care or services.
34The provision of medical care or services to a ward protected
35person who is a recipient of medical assistance under chapter
-28-1249A creates a claim against the conservatorship for the amount
2owed to the provider under the medical assistance program for
3the care or services. The amount of the claim, after being
4allowed or established as provided in this part, shall be paid
5by the conservator from the assets of the conservatorship.
6 Sec. 60. Section 633.654, Code 2021, is amended to read as
7follows:
8633.654 Form and verification of claims — general
9requirements.
10No claim shall be allowed against the estate of a ward
11 protected person upon application of the claimant unless
12it shall be in writing, filed in duplicate with the clerk,
13stating the claimant’s name and address, and describing the
14nature and the amount thereof, if ascertainable. It shall be
15accompanied by the affidavit of the claimant, or of someone for
16the claimant, that the amount is justly due, or if not due,
17when it will or may become due, that no payments have been
18made thereon which are not credited, and that there are no
19offsets to the same, to the knowledge of the affiant, except as
20therein stated. The duplicate of said claim shall be mailed
21by the clerk to the conservator or the conservator’s attorney
22of record; however, valid contract claims arising in the
23ordinary course of the conduct of the business or affairs of
24the ward protected person by the conservator may be paid by the
25conservator without requiring affidavit or filing.
26 Sec. 61. Section 633.656, Code 2021, is amended to read as
27follows:
28633.656 How claim entitled.
29All claims filed against the estate of the ward protected
30person shall be entitled in the name of the claimant against
31the conservator as such, naming the conservator, and in all
32further proceedings thereon, this title shall be preserved.
33 Sec. 62. Section 633.660, Code 2021, is amended to read as
34follows:
35633.660 Execution and levy prohibited.
-29- 1No execution shall issue upon, nor shall any levy be made
2against, any property of the estate of a ward protected person
3 under any judgment against the ward protected person or a
4conservator, but the provisions of this section shall not be so
5construed as to prevent the enforcement of a mortgage, pledge,
6or other lien upon property in an appropriate proceeding.
7 Sec. 63. Section 633.661, Code 2021, is amended to read as
8follows:
9633.661 Claims of conservators.
10If the conservator is a creditor of the ward, the conservator
11shall file the claim as other creditors, and the court shall
12appoint some competent person as temporary conservator to
13represent the ward protected person at the hearing on the
14conservator’s claim. The same procedure shall be followed in
15the case of coconservators where all such conservators are
16creditors of the ward protected person; but if one of the
17coconservators is not a creditor of the ward protected person,
18such disinterested conservator shall represent the ward at the
19hearing on any claim against the ward protected person by a
20coconservator.
21 Sec. 64. Section 633.662, Code 2021, is amended to read as
22follows:
23633.662 Claims not filed.
24The conservator may pay any valid claim against the estate of
25the ward protected person even though such claim has not been
26filed, but all such payments made by the conservator shall be
27at the conservator’s own peril.
28 Sec. 65. Section 633.664, Code 2021, is amended to read as
29follows:
30633.664 Liens not affected by failure to file claim.
31Nothing in sections 633.654 and 633.658 shall affect or
32prevent an action or proceeding to enforce any mortgage,
33pledge, or other lien upon the property of the ward protected
34person.
35 Sec. 66. Section 633.665, Code 2021, is amended to read as
-30-1follows:
2633.665 Separate actions and claims.
31. Any action pending against the ward protected person at
4the time the conservator is appointed shall also be considered
5a claim filed in the conservatorship if notice of substitution
6is served on the conservator as defendant and a duplicate of
7the proof of service of notice of such proceeding is filed in
8the conservatorship proceeding.
92. A separate action based on a debt or other liability
10of the ward protected person may be commenced against the
11conservator in lieu of filing a claim in the conservatorship.
12Such an action shall be commenced by serving an original notice
13on the conservator and filing a duplicate of the proof of
14service of notice of such proceeding in the conservatorship
15proceeding. Such an action shall also be considered a claim
16filed in the conservatorship. Such an action may be commenced
17only in a county where the venue would have been proper if
18there were no conservatorship and the action had been commenced
19against the ward protected person.
20 Sec. 67. Section 633.667, Code 2021, is amended to read as
21follows:
22633.667 Payment of claims in insolvent conservatorships.
23When it appears that the assets in a conservatorship are
24insufficient to pay in full all the claims against such
25conservatorship, the conservator shall report such matter to
26the court, and the court shall, upon hearing, with notice to
27all persons who have filed claims in the conservatorship, make
28an order for the pro rata payment of claims giving claimants
29the same priority, if any, as they would have if the ward
30 protected person were not under conservatorship.
31 Sec. 68. Section 633.668, Code 2021, is amended to read as
32follows:
33633.668 Conservator may make gifts.
34For good cause shown and under order of court, a conservator
35may make gifts on behalf of the ward protected person out of
-31-1the assets under a conservatorship to persons or religious,
2educational, scientific, charitable, or other nonprofit
3organizations to whom or to which such gifts were regularly
4made prior to the commencement of the conservatorship, or on
5a showing to the court that such gifts would benefit the ward
6 protected person or the ward’s protected person’s estate from
7the standpoint of income, gift, estate or inheritance taxes.
8The making of gifts out of the assets must not foreseeably
9impair the ability to provide adequately for the best interests
10of the ward protected person.
11 Sec. 69. Section 633.673, Code 2021, is amended to read as
12follows:
13633.673 Court costs in guardianships.
14The ward protected person or the ward’s protected person’s
15 estate shall be charged with the court costs of a ward’s
16guardianship, including the guardian’s fees and the fees of the
17attorney for the guardian. The court may, upon application,
18enter an order waiving payment of the court costs in indigent
19cases. However, if the ward protected person or ward’s
20 protected person’s estate becomes financially capable of paying
21any waived costs, the costs shall be paid immediately.
22 Sec. 70. Section 633.676, Code 2021, is amended to read as
23follows:
24633.676 Assets exhausted.
25At any time that the assets of the ward’s protected person’s
26 estate do not exceed the amount of the charges and claims
27against it, the court may direct the conservator to proceed to
28terminate the conservatorship.
29 Sec. 71. Section 633.677, Code 2021, is amended to read as
30follows:
31633.677 Accounting to ward protected person — notice.
32Upon the termination of a conservatorship, the conservator
33shall pay the costs of administration and shall render a full
34and complete accounting to the ward protected person or the
35ward’s protected person’s personal representative and to the
-32-1court. Notice of the final report of a conservator shall be
2served on the ward protected person or the ward’s protected
3person’s personal representative, in accordance with section
4633.40, unless notice is waived. An order prescribing notice
5may be made before or after the filing of the final report.
6 Sec. 72. Section 633.681, Code 2021, is amended to read as
7follows:
8633.681 Assets of minor ward protected person exhausted.
9When the assets of a minor ward’s protected person’s
10 conservatorship are exhausted or consist of personal property
11only of an aggregate value not in excess of twenty-five
12thousand dollars, the court, upon application or upon its
13own motion, may terminate the conservatorship. The order
14for termination shall direct the conservator to deliver any
15property remaining after the payment of allowed claims and
16expenses of administration to a custodian under any uniform
17transfers to minors Act. Such delivery shall have the same
18force and effect as if delivery had been made to the ward
19 protected person after attaining majority.
20 Sec. 73. Section 633.682, Code 2021, is amended to read as
21follows:
22633.682 Discharge of conservator and release of bond.
23Upon settlement of the final accounting of a conservator,
24and upon determining that the property of the ward protected
25person has been delivered to the person or persons lawfully
26entitled thereto, the court shall discharge the conservator and
27exonerate the surety on the conservator’s bond.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the administration of adult and minor
32guardianships and conservatorships.
33Under current law, the juvenile court has exclusive
34jurisdiction of guardianship proceedings. The bill provides
35that the juvenile court also has exclusive jurisdiction over
-33-1guardianships of minors.
2The bill creates a new Code section that makes official
3juvenile court records in guardianships confidential and not
4public records. The following people are authorized to request
5the records without court order: the judge and professional
6court staff, the minor and the minor’s counsel, the minor’s
7parent, guardian, or custodian, court visitor, and any counsel
8representing such person, so long as they do not disclose the
9confidential record or contents unless required by law.
10Under current law, the petition for minor and adult
11guardianships includes the name and address of any adult
12who has had the primary care of the minor or with whom the
13protected person has lived for at least six months prior to the
14filing of the petition. The bill requires the name and address
15of any adult who has had the primary care of the protected
16person or with whom the protected person had lived with at any
17time during the six months prior to the filing of the petition.
18The bill provides that in addition to stating in the
19guardianship for the minor petition why a limited guardianship
20is appropriate, the petition must also state whether a
21conservatorship for the minor is already in place.
22The bill provides that notice of a guardianship proceeding
23must be given to any adult with whom the minor has lived for the
24six months immediately preceding the filing of the petition.
25The bill further provides that if a minor’s known parents
26have not consented to the appointment of a guardian, the notice
27of the filing of a guardianship petition shall inform the known
28parents that they are entitled to representation if they meet
29the conditions in Code section 232D.304.
30Under current law, qualification for a court visitor is not
31provided. The bill provides a person is qualified to serve
32as a court visitor for a minor or adult protected person if
33the court determines the person has demonstrated sufficient
34knowledge of guardianships to adequately perform the duties of
35a court visitor.
-34- 1The bill changes the requirements of the background checks
2for a proposed guardian of the minor. Previously, the proposed
3guardian for the minor could use background checks from the
4past 12 months prior to filing the petition. The bill changes
5that time frame to six months and adds that the background
6check needs to have been provided to the court. The bill also
7includes the same provision for adult guardianships.
8The bill strikes a reference to “without prior court
9approval” in a Code section listing powers a court may grant
10to a guardian.
11The bill also directs that the initial verified care plan
12must include the guardian’s plan for applying and receiving
13funds and benefits for the support of the minor.
14The bill allows a district court conducting checks of the
15dependent adult abuse registry for all proposed guardians and
16conservators pursuant to Code section 633.564 to have access
17to dependent adult abuse information other than unfounded
18dependent adult abuse information.
19The bill provides that a court visitor will be discharged
20upon the appointment of a guardian or conservator unless
21ordered by the court to continue.
22The bill enacts new Code section 633.640A, which provides
23the powers of a conservator upon appointment. The bill
24provides that an order appointing a conservator shall state
25the basis for the conservatorship, and upon appointment
26the conservator may exercise the powers relating to all
27fiduciaries, unless expressly modified by the court, without
28prior court approval. These powers include but are not
29limited to the following: making written requests for the
30purpose of obtaining the property of the protected person,
31or obtaining information about the property of the protected
32person; designating and employing an attorney to assist in
33the administration of the estate of the protected person;
34holding investments in the name of a bank or trustee company;
35and requiring a bank to show ownership of investments held in
-35-1nominee name and keep them separate from the assets of the
2bank. The bill further provides that until the conservator
3files and the court approves an initial financial management
4plan, the conservator may exercise the following powers without
5court approval except as otherwise ordered by the court:
6collect, receive, and receipt for any principal or income of
7the protected person; receive property of the protected person
8from any source; and continue to hold any investment or other
9property of the protected person. The bill also provides that
10the clerk of the court shall issue letters of appointment upon
11the filing of an appropriate oath by the conservator and a
12copy of the initial order of the court and any future order,
13granting or limiting the authority of the conservator to act on
14behalf of the protected person shall be attached to the letters
15of appointment.
16The bill amends the information required to be contained in
17a guardian’s written verified reports including the initial
18care plan and annual reports, and information required to be
19included in reports by conservators including the initial
20financial management plan, including an inventory of the
21protected person’s assets and debts, the annual report, and the
22final report.
23The bill amends reporting requirements for guardians, and
24requires that guardians must obtain court approval prior to any
25significant deviation from the initial care plan filed with the
26court.
27The bill amends reporting requirements for conservators.
28The conservator must give notice of filing a plan, and if no
29objection is made within 20 days, the conservator must submit
30a proposed order to the court approving the initial plan. If
31there are objections to the plan, the court must set the matter
32for hearing.
33The bill makes conforming changes to the probate code by
34changing the term “ward” to “protected person”.
-36-cm/jh