Bill Text: IA SF295 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act concerning the creation, administration, and termination of adult and minor guardianships and conservatorships. (Formerly SSB 1146.) Effective date: 07/01/2024.

Spectrum: Committee Bill

Status: (Passed) 2024-04-10 - Signed by Governor. S.J. 808. [SF295 Detail]

Download: Iowa-2023-SF295-Introduced.html

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Senate File 295 - Introduced
SENATE FILE 295
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1146)
A BILL FOR
An Act concerning the creation, administration, and termination
of adult and minor guardianships and conservatorships.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
MINOR GUARDIANSHIPS
Section 1. Section 232D.103, Code 2023, is amended to read
as follows:
232D.103 Jurisdiction.
The juvenile court has exclusive jurisdiction in a
guardianship proceeding concerning a minor who is alleged to
be in need of a guardianship for appointment of a guardian for
a minor and in a proceeding concerning the guardianship of a
minor .
Sec. 2. Section 232D.301, subsection 4, Code 2023, is
amended to read as follows:
4. The petition shall state whether a limited guardianship
is appropriate , and whether a conservatorship for the minor is
already in existence .
Sec. 3. Section 232D.302, subsection 2, Code 2023, is
amended to read as follows:
2. Notice shall be served upon the minor’s known parents
listed in the petition in accordance with the rules of civil
procedure. If the parent has not filed a consent to the
appointment of a guardian, the notice shall inform any parent
named in the petition that the parent may be entitled to
representation under the conditions described in section
232D.304.
Sec. 4. Section 232D.305, subsection 1, Code 2023, is
amended to read as follows:
1. The court may appoint a court visitor for the minor in a
proceeding for the appointment of a guardian for a minor .
Sec. 5. Section 232D.305, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION . 6. The court may order a court visitor to
continue to serve if the court determines continued service
would be in the best interest of the minor. If the court
continues the services of the court visitor, the court may
limit the direct duties of the court visitor as the court deems
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necessary in which case the court visitor shall thereafter
continue to serve until discharged by the court. If the
court does not order the court visitor to continue, the order
appointing the guardian shall discharge the court visitor.
Sec. 6. Section 232D.306, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION . 4. A hearing on the petition may be
recorded if a court reporter is not used.
Sec. 7. Section 232D.309, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION . 8. The court may order an extension of
the temporary guardianship for thirty days for good cause
shown, including a showing that a hearing on a petition for a
guardianship under section 232D.301 cannot be scheduled within
thirty days after the order for a temporary guardianship is
issued. Prior to or contemporaneously with the filing for an
application for the extension of time, the guardian shall file
a report with the court setting forth all of the following:
a. All actions conducted by the guardian on behalf of the
minor from the time of the initial appointment of the guardian
up to the time of the report.
b. All actions that the guardian plans to conduct on behalf
of the minor during the thirty-day extension period.
NEW SUBSECTION . 9. The temporary guardian shall submit any
other report the court requires.
Sec. 8. Section 232D.401, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An order by the court appointing a guardian for a minor shall
state the powers granted to the guardian until such time as the
guardian files an initial care plan and such plan is approved
by the court as required by section 232D.501, subsection 4 .
Except as otherwise limited by court an order appointing a
guardian for a minor , the court may grant the guardian the
following powers , which may be exercised without prior court
approval :
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Sec. 9. Section 232D.501, subsection 1, paragraph a, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (03) The guardian’s plan, if any, for
applying for and receiving funds and benefits payable for the
support of the minor.
Sec. 10. Section 232D.501, subsection 1, paragraph b, Code
2023, is amended by adding the following new subparagraphs:
NEW SUBPARAGRAPH . (11) The results of the guardian’s
efforts to apply for funds or benefits for the minor, and
an accounting for the use of such funds or benefits by the
guardian.
NEW SUBPARAGRAPH . (12) Any other information the guardian
deems necessary for the court to consider.
Sec. 11. NEW SECTION . 232D.501A Delinquent plans or
reports.
1. On June 1 and December 1 of each year, the clerk shall
notify the fiduciary and the fiduciary’s attorney of any
delinquent plans or reports due by law in any pending minor
guardianship, and that unless such delinquent plan or report
is filed within sixty days thereafter, the matter shall be
reported to the presiding judge. If the delinquent plan or
report is not filed within the time so specified, the fiduciary
will be subject to removal under the provisions of section
232D.502.
2. On August 1 and February 1 of each year, the clerk shall
report to the presiding judge all delinquent plans or reports
in minor guardianships on which such notice has been given and
no plan or report has been filed in response to the notice.
DIVISION II
ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS
Sec. 12. Section 235B.6, subsection 2, paragraph d, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH . (7) To a district court conducting
checks of the dependent adult abuse registry for all proposed
guardians and conservators pursuant to section 633.564.
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Sec. 13. Section 633.556, subsection 4, Code 2023, is
amended to read as follows:
4. The petition shall list the name and address of the
respondent and petitioner , and the petitioner’s relationship
to the respondent.
Sec. 14. Section 633.556, subsection 8, Code 2023, is
amended by striking the subsection.
Sec. 15. Section 633.560, subsection 3, Code 2023, is
amended to read as follows:
3. The court shall require the proposed guardian or
conservator to attend the hearing on the petition but the court
may excuse the proposed guardian’s or conservator’s attendance
for good cause shown.
Sec. 16. Section 633.560, subsection 6, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
6. The hearing may be recorded if a court reporter is not
used.
Sec. 17. Section 633.562, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION . 7. A court visitor shall be discharged
from all further duties upon appointment of a guardian or
conservator unless otherwise ordered by the court. The court
may order a court visitor to continue to serve if the court
determines continued service would be in the best interest of
the protected person. If the court continues the service of
the court visitor, the court may limit the direct duties of the
court visitor as the court deems necessary. The court visitor
shall thereafter continue to serve until discharged by the
court.
Sec. 18. Section 633.564, subsection 1, Code 2023, is
amended to read as follows:
1. The court shall request criminal record checks and
checks of the child abuse, dependent adult abuse, and sexual
offender registries in this state for all proposed guardians
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and conservators, other than financial institutions with Iowa
trust powers , unless a proposed guardian or conservator has
undergone the background check required by this section within
the twelve months prior to the filing of a petition and the
background check has been provided to the court .
Sec. 19. Section 633.569, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A person authorized to file a petition under section
633.552 , 633.553 , or 633.554 633.556 or 633.557 may file an
application for the emergency appointment of a temporary
guardian or conservator.
2. Such application shall state all of the following:
a. The name and address of the respondent.
b. The name and address of the petitioner and the
petitioner’s relationship to the respondent.
b. c. The name and address of the proposed guardian or
conservator and the reason the proposed guardian or conservator
should be selected.
d. The names and addresses, to the extent known, of any
other persons who must be named in the petition for the
appointment of a guardian or conservator under section 633.556
or 633.557.
c. e. The reason the emergency appointment of a temporary
guardian or conservator is sought.
3. The court may enter an ex parte order appointing a
temporary guardian or conservator on an emergency basis under
this section if the court finds that all of the following
conditions are met:
a. There is not sufficient time to file a petition and hold
a hearing pursuant to section 633.552 , 633.553 , or 633.554
633.556, 633.557, or 633.560 .
b. The appointment of a temporary guardian or conservator
is necessary to avoid immediate or irreparable harm to the
respondent before a hearing with notice to the respondent can
be held .
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c. There is reason to believe that the basis for appointment
of guardian or conservator exists under section 633.552 ,
633.553 , or 633.554 633.556 or 633.557 .
Sec. 20. Section 633.569, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION . 8. The court may order an extension of
the temporary guardianship or conservatorship for thirty days
for good cause shown, including a showing that a hearing on a
petition for a guardianship or conservatorship under section
633.556 or 633.557 cannot be scheduled within thirty days after
the order for a temporary guardianship or conservatorship is
issued. Prior to or contemporaneously with the filing for
an application for the extension of time, the guardian or
conservator shall file a report with the court setting forth
all of the following:
a. All actions conducted by the guardian or conservator on
behalf of the protected person from the time of the initial
appointment of the guardian up to the time of the report.
b. All actions that the guardian or conservator plans to
conduct on behalf of the protected person during the thirty-day
extension period.
NEW SUBSECTION . 9. The temporary guardian or conservator
shall submit any other report the court requires.
Sec. 21. Section 633.570, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. In a proceeding for the appointment of a guardian, the
respondent shall be given written notice which advises the
respondent of the powers that the court may grant a guardian
may exercise without court approval pursuant to the powers set
out in section 633.635, subsection 2 , and the powers that the
guardian may exercise only with court approval pursuant to set
out in section 633.635, subsection 3 .
2. In a proceeding for the appointment of a conservator,
the respondent shall be given written notice which advises the
respondent of the powers that the court may grant a conservator
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may exercise without court approval pursuant to section 633.646
and the powers that the conservator may exercise only with
court approval pursuant to section 633.647 the powers set out
in section 633.642 .
Sec. 22. Section 633.635, subsection 1, Code 2023, is
amended to read as follows:
1. The order by the court appointing a guardian shall state
the factual basis for the guardianship pursuant to section
633.552 and the date on which the first reporting period for
the guardianship shall end .
Sec. 23. Section 633.635, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Based upon the evidence produced at the hearing An order by
the court appointing a guardian for an adult shall state the
powers granted to the guardian until such time as the guardian
files an initial care plan and such plan is approved by the
court as required by section 633.669. Except as otherwise
limited by an order appointing a guardian for an adult , the
court may grant a guardian the following powers and duties with
respect to a protected person which may be exercised without
prior court approval :
Sec. 24. Section 633.635, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A Notwithstanding subsection 2, a guardian may be granted
the following powers which may only be exercised upon court
approval:
Sec. 25. Section 633.641, subsection 3, Code 2023, is
amended to read as follows:
3. If a protected person has executed a valid power of
attorney under chapter 633B , the conservator shall act in
accordance with the applicable provisions of chapter 633B
section 633B.108 .
Sec. 26. Section 633.642, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
633.642 Powers of conservator.
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1. An order by the court appointing a conservator shall
state the basis for the conservatorship pursuant to section
633.553 or section 633.554.
2. Upon appointment by the court, and until such time as the
conservator files an initial financial management plan and such
plan is approved by the court as required by section 633.670,
subsection 1, a conservator has the authority to exercise all
powers applicable to fiduciaries pursuant to sections 633.63
through 633.162, unless expressly modified by the court.
3. In the order approving an initial financial management
plan or an annual report, the court shall approve and set forth
the specific powers of a conservator, which may be thereafter
exercised by the conservator until further court order.
4. Upon the filing of an appropriate oath by the
conservator, the clerk of court shall issue letters of
appointment. A copy of the initial order of the court shall
be attached to the letters of appointment. Upon approval of
an initial financial management plan, approval of an annual
report, or further order of the court granting, modifying,
limiting, or terminating powers of the conservator, the clerk
of court shall issue new letters of appointment which shall
reflect all powers thereafter held by the conservator.
Sec. 27. Section 633.669, subsection 1, Code 2023, is
amended to read as follows:
1. A guardian appointed by the court under this chapter
shall file with the court the following written verified
reports which shall not be waived by the court:
a. The reports must be based on the needs of the protected
person and take into account the best interest of the protected
person as well as the protected person’s preference, values,
and prior directions to the extent known to, or reasonably
ascertainable by, the guardian.
a. b. An initial care plan filed within sixty days of
appointment. The information in the initial care plan shall
include but not be limited to the following information:
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(1) The current residence of the protected person and the
guardian’s plan for the protected person’s living arrangements.
(2) The guardian’s plan for payment of the protected
person’s living expenses and other expenses.
(3) The If applicable, the protected person’s health status
and health care needs, and the guardian’s plan for meeting the
protected person’s needs for medical, dental, and other health
care needs.
(4) Whether the protected person has a living will or health
care power of attorney.
(4) (5) If applicable, the guardian’s plan for other
professional services needed by the protected person.
(5) (6) If applicable, the guardian’s plan for meeting the
educational, training, and vocational needs of the protected
person.
(6) (7) If applicable, the guardian’s plan for facilitating
the participation of the protected person in social activities.
(7) (8) The guardian’s plan for facilitating contacts
between the protected person and the protected person’s family
members and other significant persons significant in the life
of the protected person .
(8) (9) The guardian’s plan for contact with, and
activities on behalf of, the protected person.
(10) The powers that the guardian requests to carry out the
initial care plan.
b. c. An annual report, filed within sixty days of the
close of the reporting period, unless the court otherwise
orders on good cause shown. The information in the annual
report shall include but not be limited to the following
information:
(1) The current living arrangements of the protected
person.
(2) The sources of payment for the protected person’s living
expenses and other expenses.
(3) A description, if applicable, of the following:
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(a) The protected person’s physical and mental health
status and the health services including medical, dental, and
other professional services provided to the protected person.
(b) If applicable, the The protected person’s employment
status and the educational, training, and vocational services
provided to the protected person.
(c) The guardian’s facilitation of the participation of the
protected person in social activities.
(c) (d) The contact of the protected person with family
members and other significant persons.
(d) (e) The nature and extent of the guardian’s visits
with, and activities on behalf of, the protected person.
(4) The guardian’s changes to the care plan for the
protected person for the next annual reporting period.
(5) The powers that the guardian requests to carry out
the care plan for the protected person for the next annual
reporting period.
(4) (6) The guardian’s recommendation as to the need for
continuation of the guardianship.
(5) (7) The ability of the guardian to continue as
guardian.
(6) (8) The need of the guardian for assistance in
providing or arranging for the provision of the care and
protection of the protected person.
c. d. A final report within thirty days of the termination
of the guardianship under section 633.675 unless that time is
extended by the court.
Sec. 28. Section 633.669, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION . 5. If the court finds that there are
reasonable grounds to believe that the guardian has committed
the offense of older individual assault under section
708.2D, theft against an older individual under section
714.2A, consumer fraud against an older individual under
section 714.16A, elder abuse under section 726.24, financial
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exploitation of an older individual under section 726.25,
or dependent adult abuse under section 726.26, the court
shall refer the matter to the appropriate county attorney for
consideration of the initiation of criminal charges.
Sec. 29. Section 633.670, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
633.670 Reports by conservators.
1. A conservator shall file a verified initial financial
management plan for protecting, managing, investing, expending,
and distributing the assets of the conservatorship estate
within ninety days after appointment, which shall not be waived
by the court.
a. The plan must be based on the needs of the protected
person and take into account the best interest of the protected
person as well as the protected person’s preference, values,
and prior directions to the extent known to, or reasonably
ascertainable by, the conservator.
b. The plan must provide the protected person’s age,
residence, living arrangements, and sources of payment for
living expenses.
c. When the conservator files the plan, the conservator
shall file, if applicable, the protected person’s will with the
court clerk and the protected person’s prepaid burial trust and
powers of attorney shall be described.
d. The plan must include a proposed budget for the protected
person and budget-related information for the next annual
reporting period including the following:
(1) The protected person’s receipts and income and
the projected sources of income including, if applicable,
wages, social security income, pension and retirement plan
distribution, veterans’ benefits, rental income, interest
earnings, and dividends, and the total estimated receipts and
income.
(2) The protected person’s liabilities and debts including,
if applicable, mortgage, car loans, credit card debt, federal,
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state, and property taxes owed, and the total estimated
liabilities and debts; a list and concise explanation of
any liability or debt owed by the protected person to the
conservator; and a list and concise explanation of the
liability of any other person for a liability of the protected
person.
(3) The protected person’s estimated expenses on a monthly
and annual basis including, if applicable, nursing home or
facility charge, expenses for residence, food and household
expenses, utilities, household help and caregiver expenses,
health services and health insurance expenses, educational and
vocational expenses, personal auto and other transportation
expenses, clothing expenses, personal allowance and other
personal expenses, liabilities and debts, attorney fees and
other professional expenses, conservator fees, and other
administrative expenses.
e. The plan must include a list of the protected person’s
assets and the conservator’s plan for management of these
assets including, if applicable, financial accounts including
checking and certificates of deposit and cash, investments
including stocks, bonds, mutual funds, exchange-traded funds,
individual retirement accounts and other investment accounts,
pension, profit-sharing, annuities, and retirement funds,
personal property including household goods and vehicles,
receivables including mortgages and liens payable to the
protected person’s estate or trust, life insurance, and other
property.
f. The plan must include the authority that the conservator
requests to carry out the plan in accordance with the proposed
budget for the protected person and the plan for the management
of the property of the protected person for the next annual
reporting period.
g. The conservator shall provide notice of the filing of
the plan and a copy of the plan to the protected person, the
protected person’s attorney, if any, and court visitor, if any,
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and others as directed by the court. The notice must state
that any person entitled to a copy of the plan must file any
objections to the plan not later than twenty days from the date
of mailing notice of filing the initial plan.
h. At least twenty days after the plan has been filed, the
court shall review and determine whether the plan should be
approved or revised, after considering objections filed and
whether the plan is consistent with the conservator’s powers
and duties.
i. After approval by the court, the conservator shall
provide a copy of the approved plan and order approving the
plan to the protected person, the protected person’s attorney,
if any, and court visitor, if any, and others as directed by
the court.
2. A conservator shall attach to the initial financial
management plan an inventory of the protected person’s assets
within ninety days after appointment which includes an oath
or affirmation that the inventory is believed to be complete
and accurate as far as information permits. The conservator
shall provide copies of the inventory to the protected person,
the protected person’s attorney, if any, and court visitor, if
any, and others as directed by the court. Any objections to
the inventory shall be filed in the same manner and according
to the same schedule as objections to the initial financial
management plan. The court shall review the inventory and
determine whether the inventory should be approved at the same
time as the court reviews the initial financial management
plan. When the conservator receives an additional property
of the protected person, or becomes aware of its existence,
a description of the property shall be included in the
conservator’s next annual report.
3. A conservator shall file a verified report on an annual
basis for the period since the end of the preceding report
period, which shall not be waived by the court.
a. The annual report must provide the age, the residence,
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the living arrangements of the protected person, and sources of
payment for the protected person’s living expenses during the
reporting period.
b. The annual report must include the following income and
expenditure information:
(1) If applicable, all income or funds received by the
conservator on behalf of the protected person including the
items specified in subsection 1, paragraph “d” , subparagraph
(1).
(2) If applicable, all expenditures made by the conservator
on behalf of the protected person including the items,
if applicable, specified in subsection 1, paragraph “d” ,
subparagraph (3). If any of the expenditures were made
to provide support for or pay the debts of another person,
the annual report shall include an explanation of these
expenditures. If any of the expenditures were made to pay
any liability or debt owed by the protected person to the
conservator, the annual report shall include an explanation of
these expenditures. If any of the expenditures were made to
pay any liability or debt that is also owed by another person
or entity, the annual report shall include an explanation of
these expenditures. If any of the expenditures were paid
with the use of cash or withdrawal of cash from an account
of the protected person, the annual report shall include an
explanation of the use of cash or withdrawal of cash.
c. The annual report shall include a proposed budget and
budget-related information for the next reporting period
containing the information specified in subsection 1, paragraph
“d” , and a request for approval of the proposed budget and
authority to make expenditures in accordance with the proposed
budget.
d. The annual report must include a proposed plan for
management of the assets of the protected person for the next
reporting period and a request for approval of the proposed
plan for management of the assets of the protected person and
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the authority to carry out the plan.
e. The conservator may request court approval of fees
provided by an attorney on behalf of the conservatorship or the
protected person during the preceding reporting period.
f. The conservator may request court approval of fees
provided to the conservator on behalf of the conservatorship or
the protected person during the preceding reporting period.
4. The conservator shall file a verified final report with
the court as follows:
a. Within thirty days following removal of the conservator.
b. Upon the conservator’s filing of a resignation and before
the resignation is accepted by the court.
c. Within sixty days following the termination of the
conservatorship.
d. Any other time as ordered by the court.
5. Reports required by this section shall be provided to the
veterans administration if the protected person is receiving
veterans’ benefits.
6. If the court finds that there are reasonable grounds to
believe that the conservator has committed the offense of theft
against an older individual under section 714.2A, consumer
fraud against an older individual under section 714.16A, elder
abuse under section 726.16A, financial exploitation of an older
individual under section 726.25, or dependent adult abuse
under section 726.26, the court shall refer the matter to the
appropriate county attorney for consideration of the initiation
of criminal charges.
Sec. 30. Section 633.675, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The court shall terminate a guardianship if it finds by
clear and convincing evidence that the basis for appointing a
guardian pursuant to section 633.552 has not been established.
3. The court shall terminate a conservatorship if the court
finds by clear and convincing evidence that the basis for
appointing a conservator pursuant to section 633.553 or 633.554
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is not satisfied.
DIVISION III
CONFORMING CHANGES
Sec. 31. Section 10.1, subsection 7, Code 2023, is amended
to read as follows:
7. “Farm estate” means the real and personal property of a
decedent, a ward protected person , or a trust as provided in
chapters 633 and 633A , if at least sixty percent of the gross
receipts from the estate comes from farming.
Sec. 32. Section 217.40, Code 2023, is amended to read as
follows:
217.40 Training for guardians and conservators.
The department of human services, or a person designated
by the director, shall establish training programs designed
to assist all duly appointed guardians and conservators in
understanding their fiduciary duties and liabilities, the
special needs of the ward protected person , and how to best
serve the ward protected person and the ward’s protected
person’s interests.
Sec. 33. Section 231E.2, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. It is also the intent of the general assembly that the
state office of public guardian provide assistance to both
public and private guardians, conservators, and representative
payees throughout the state in securing necessary services
for their wards protected persons and clients, and to assist
guardians, conservators, representative payees, wards protected
persons , clients, courts, and attorneys in the orderly and
expeditious handling of guardianship, conservatorship, and
representative payee proceedings.
Sec. 34. Section 231E.3, subsection 17, Code 2023, is
amended to read as follows:
17. “Ward” “Protected person” means the individual for whom
a guardianship or conservatorship is established.
Sec. 35. Section 231E.4, subsection 3, paragraphs f and h,
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Code 2023, are amended to read as follows:
f. Develop and maintain a current listing of public and
private services and programs available to assist wards
protected persons and clients, and their families, and
establish and maintain relationships with public and private
entities to assure the availability of effective guardianship,
conservatorship, and representative payee services for wards
protected persons and clients.
h. Maintain statistical data on the local offices including
various methods of funding, the types of services provided, and
the demographics of the wards protected persons and clients,
and report to the general assembly on or before November
1, annually, regarding the local offices and recommend any
appropriate legislative action.
Sec. 36. Section 231E.4, subsection 6, paragraph e, Code
2023, is amended to read as follows:
e. A fee schedule. The department may establish by
rule a schedule of reasonable fees for the costs of public
guardianship services provided under this chapter . The fee
schedule established may be based upon the ability of the ward
protected person or client to pay for the services but shall
not exceed the actual cost of providing the services. The
state office or a local office may waive collection of a fee
upon a finding that collection is not economically feasible.
The rules may provide that the state office or a local office
may investigate the financial status of a ward protected person
or client that requests guardianship, conservatorship, or
representative payee services or for whom the state public
guardian or a local public guardian has been appointed for
the purpose of determining the fee to be charged by requiring
the ward protected person or client to provide any written
authorizations necessary to provide access to records of
public or private sources, otherwise confidential, needed to
evaluate the individual’s financial eligibility. The rules
may also provide that the state public guardian or a local
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public guardian may, upon request and without payment of fees
otherwise required by law, obtain information necessary to
evaluate the individual’s financial eligibility from any office
of the state or of a political subdivision or agency of the
state that possesses public records.
Sec. 37. Section 231E.5, subsection 2, paragraph g,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
With regard to a proposed ward protected person , the local
office shall do all of the following:
Sec. 38. Section 231E.5, subsection 2, paragraph g,
subparagraphs (2), (3), and (4), Code 2023, are amended to read
as follows:
(2) Determine whether the needs of the proposed ward
protected person require the appointment of a guardian or
conservator.
(3) Assess the financial resources of the proposed ward
protected person based on the information supplied to the local
office at the time of the determination.
(4) Inquire and, if appropriate, search to determine
whether any other person may be willing and able to serve as
the proposed ward’s protected person’s guardian or conservator.
Sec. 39. Section 231E.6, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The court may appoint on its own motion or upon petition of
any person, the state office or a local office, to serve as
guardian or conservator for any proposed ward protected person
in cases in which the court determines that the proceeding
will establish the least restrictive form of guardianship
or conservatorship services suitable for the proposed ward
protected person and if the proposed ward protected person
meets all of the following criteria:
Sec. 40. Section 231E.7, subsection 3, Code 2023, is amended
to read as follows:
3. The best interests of the ward protected person require
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the intervention.
Sec. 41. Section 231E.8, subsections 2, 3, and 4, Code 2023,
are amended to read as follows:
2. The state office or local office shall maintain
reasonable personal contact with each ward protected person or
client for whom the state office or local office is appointed
or designated in order to monitor the ward’s protected person’s
or client’s care and progress.
3. Notwithstanding any provision of law to the contrary,
the state office or local office appointed by the court may
access all confidential records concerning the ward protected
person for whom the state office or local office is appointed
or designated, including medical records and abuse reports.
4. In any proceeding in which the state or a local office is
appointed or is acting as guardian or conservator, the court
shall waive court costs or filing fees, if the state office
or local office certifies to the court that the state office
or local office has waived its fees in their entirety based
upon the ability of the ward protected person to pay for the
services of the state office or local office.
Sec. 42. Section 231E.8, subsection 6, paragraphs a, b, c,
and d, Code 2023, are amended to read as follows:
a. The ward protected person displays assaultive or
aggressive behavior that causes the public guardian to fear for
their personal safety.
b. The ward protected person refuses the services of the
public guardian.
c. The ward protected person refuses to have contact with
the public guardian.
d. The ward protected person moves out of Iowa.
Sec. 43. Section 252C.2, subsection 3, Code 2023, is amended
to read as follows:
3. The provision of child support collection or paternity
determination services under chapter 252B to an individual,
even though the individual is ineligible for public assistance,
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creates a support debt due and owing to the individual or the
individual’s child or ward protected person by the responsible
person in the amount of a support obligation established by
court order or by the administrator. The administrator may
establish a support debt in favor of the individual or the
individual’s child or ward protected person and against the
responsible person, both as to amounts accrued and accruing,
pursuant to section 598.21B .
Sec. 44. Section 282.2, Code 2023, is amended to read as
follows:
282.2 Offsetting tax.
The parent or guardian whose child or ward protected person
attends school in a district of which the parent or guardian is
not a resident shall be allowed to deduct the amount of school
tax paid by the parent or guardian in said district from the
amount of tuition required to be paid.
Sec. 45. Section 321.198, subsection 2, Code 2023, is
amended to read as follows:
2. The provisions of this section shall also apply to the
spouse and children, or ward protected person, of military
personnel when such spouse, children, or ward protected person
are living with the military personnel described in subsection
1 outside of the state of Iowa and provided that such extension
of license does not exceed five years.
Sec. 46. Section 321.219, subsection 1, Code 2023, is
amended to read as follows:
1. A person shall not cause or knowingly permit the person’s
child or ward protected person under the age of eighteen years
to drive a motor vehicle upon any highway when the minor is not
authorized under this chapter .
Sec. 47. Section 563.12, Code 2023, is amended to read as
follows:
563.12 Special agreements —— evidence.
This chapter shall not prevent adjoining proprietors from
entering into special agreements about walls on the lines
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between them, but no evidence thereof shall be competent unless
in writing, signed by the parties thereto or their lawfully
authorized agents, or the guardian of either, if a minor,
who shall have full authority to act for the guardian’s ward
protected person in all matters relating to walls in common
without an order of court therefor.
Sec. 48. Section 587.4, Code 2023, is amended to read as
follows:
587.4 Decrees for sale of real estate by guardian.
In all cases where decrees and orders of court have been
obtained for the sale of real estate by a guardian prior to
January 1, 1969, where the original notice shows that service
of notice pertaining to the sale of such real estate was made
on the minor or ward protected person outside of the state
of Iowa, such services of notices are hereby legalized. All
decrees so obtained as aforesaid are hereby legalized and held
to have the same force and effect as though the service of such
original notice had been made on the minor or ward protected
person within the state of Iowa.
Sec. 49. Section 595.3, subsection 5, Code 2023, is amended
to read as follows:
5. Where either party is a ward protected person under
a guardianship and the court has made a finding that the
ward protected person lacks the capacity to contract a valid
marriage.
Sec. 50. Section 598.29, subsection 4, Code 2023, is amended
to read as follows:
4. Where either party was a ward protected person under a
guardianship and was found by the court to lack the capacity
to contract a valid marriage.
Sec. 51. Section 633.3, subsections 9, 17, 22, and 23, Code
2023, are amended to read as follows:
9. “Conservator” means a person appointed by the court
to have the custody and control of the property of a ward
protected person under the provisions of this probate code.
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17. “Estate” means the real and personal property of either
a decedent or a ward protected person , and may also refer to
the real and personal property of a trust described in section
633.10 .
22. “Guardian” means the person appointed by the court to
have the custody of the person of the ward protected person
under the provisions of this probate code.
23. “Guardian of the property” —— at the election of the
person appointed by the court to have the custody and care of
the property of a ward protected person , the term “guardian of
the property” may be used, which term shall be synonymous with
the term “conservator” .
Sec. 52. Section 633.78, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
A fiduciary under this chapter may present a written request
to any person for the purpose of obtaining property owned by
a decedent or by a ward protected person of a conservatorship
for which the fiduciary has been appointed, or property to
which a decedent or ward protected person is entitled, or
for information about such property needed to perform the
fiduciary’s duties. The request must contain statements
confirming all of the following:
Sec. 53. Section 633.78, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The request has been signed by all fiduciaries acting on
behalf of the decedent or ward protected person .
Sec. 54. Section 633.78, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. Damages sustained by the decedent’s or ward’s protected
person’s estate.
Sec. 55. Section 633.80, Code 2023, is amended to read as
follows:
633.80 Fiduciary of a fiduciary.
A fiduciary has no authority to act in a matter wherein the
fiduciary’s decedent or ward protected person was merely a
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fiduciary, except that the fiduciary shall file a report and
accounting on behalf of the decedent or ward protected person
in said matter.
Sec. 56. Section 633.93, Code 2023, is amended to read as
follows:
633.93 Limitation on actions affecting deeds.
No action for recovery of any real estate sold by any
fiduciary can be maintained by any person claiming under the
deceased, the ward protected person , or a beneficiary, unless
brought within five years after the date of the recording of
the conveyance.
Sec. 57. Section 633.112, Code 2023, is amended to read as
follows:
633.112 Discovery of property.
The court may require any person suspected of having
possession of any property, including records and documents,
of the decedent, ward protected person , or the estate, or of
having had such property under the person’s control, to appear
and submit to an examination under oath touching such matters,
and if on such examination it appears that the person has the
wrongful possession of any such property, the court may order
the delivery thereof to the fiduciary. Such a person shall be
liable to the estate for all damages caused by the person’s
acts.
Sec. 58. Section 633.123, subsection 1, paragraph b,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The needs and rights of the beneficiaries or the ward
protected person .
Sec. 59. Section 633.580, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. The name, age, and last known post office address of the
proposed ward protected person .
4. A general description of the property of the proposed
ward protected person within this state and of the proposed
ward’s protected person’s right to receive property; also, the
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estimated present value of the real estate, the estimated value
of the personal property, and the estimated gross annual income
of the estate. If any money is payable, or to become payable,
to the proposed ward protected person by the United States
through the United States department of veterans affairs, the
petition shall so state.
Sec. 60. Section 633.591A, Code 2023, is amended to read as
follows:
633.591A Voluntary petition for appointment of conservator
for a minor —— standby basis.
A person having physical and legal custody of a minor
may execute a verified petition for the appointment of a
standby conservator of the proposed ward’s protected person’s
property, upon the express condition that the petition shall
be acted upon by the court only upon the occurrence of an event
specified or the existence of a described condition of the
mental or physical health of the petitioner, the occurrence
of which event, or the existence of which condition, shall be
established in the manner directed in the petition.
Sec. 61. Section 633.603, Code 2023, is amended to read as
follows:
633.603 Appointment of foreign conservators.
When there is no conservatorship, nor any application
therefor pending, in this state, the duly qualified foreign
conservator or guardian of a nonresident ward protected
person may, upon application, be appointed conservator of the
property of such person in this state; provided that a resident
conservator is appointed to serve with the foreign conservator;
and provided further, that for good cause shown, the court
may appoint the foreign conservator to act alone without the
appointment of a resident conservator.
Sec. 62. Section 633.604, Code 2023, is amended to read as
follows:
633.604 Application.
The application for appointment of a foreign conservator
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or guardian as conservator in this state shall include the
name and address of the nonresident ward protected person , and
of the nonresident conservator or guardian, and the name and
address of the resident conservator to be appointed. It shall
be accompanied by a certified copy of the original letters
or other authority conferring the power upon the foreign
conservator or guardian to act as such. The application
shall also state the cause for the appointment of the foreign
conservator to act as sole conservator, if such be the case.
Sec. 63. Section 633.605, Code 2023, is amended to read as
follows:
633.605 Personal property.
A foreign conservator or guardian of a nonresident may
be authorized by the court of the county wherein such ward
protected person has personal property to receive the same upon
compliance with the provisions of sections 633.606 , 633.607 and
633.608 .
Sec. 64. Section 633.607, Code 2023, is amended to read as
follows:
633.607 Order for delivery.
Upon the filing of the bond as above provided, and the court
being satisfied with the amount thereof, it shall order the
personal property of the ward protected person delivered to
such conservator or guardian.
Sec. 65. Section 633.633, Code 2023, is amended to read as
follows:
633.633 Provisions applicable to all fiduciaries shall
govern.
The provisions of this probate code applicable to all
fiduciaries shall govern the appointment, qualification, oath
and bond of guardians and conservators, except that a guardian
shall not be required to give bond unless the court, for good
cause, finds that the best interests of the ward protected
person require a bond. The court shall then fix the terms and
conditions of such bond.
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Sec. 66. Section 633.633B, Code 2023, is amended to read as
follows:
633.633B Tort liability of guardians and conservators.
The fact that a person is a guardian or conservator shall not
in itself make the person personally liable for damages for the
acts of the ward protected person .
Sec. 67. Section 633.636, Code 2023, is amended to read as
follows:
633.636 Effect of appointment of guardian or conservator.
The appointment of a guardian or conservator shall not
constitute an adjudication that the ward protected person is of
unsound mind.
Sec. 68. Section 633.637, Code 2023, is amended to read as
follows:
633.637 Powers of ward protected person .
1. A ward protected person for whom a conservator has been
appointed shall not have the power to convey, encumber, or
dispose of property in any manner, other than by will if the
ward protected person possesses the requisite testamentary
capacity, unless the court determines that the ward protected
person has a limited ability to handle the ward’s protected
person’s own funds. If the court makes such a finding, the
court shall specify to what extent the ward protected person
may possess and use the ward’s protected person’s own funds.
2. Any modification of the powers of the ward protected
person that would be more restrictive of the ward’s protected
person’s control over the ward’s protected person’s financial
affairs shall be based upon clear and convincing evidence
and the burden of persuasion is on the conservator. Any
modification that would be less restrictive of the ward’s
protected person’s control over the ward’s protected person’s
financial affairs shall be based upon proof in accordance with
the requirements of section 633.675 .
Sec. 69. Section 633.637A, Code 2023, is amended to read as
follows:
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633.637A Rights of ward protected person under guardianship.
An adult ward protected person under a guardianship has the
right of communication, visitation, or interaction with other
persons upon the consent of the adult ward protected person ,
subject to section 633.635, subsection 2 , paragraph “i” , and
section 633.635, subsection 3 , paragraph “c” . If an adult ward
protected person is unable to give express consent to such
communication, visitation, or interaction with a person due
to a physical or mental condition, consent of an adult ward
protected person may be presumed by a guardian or a court based
on an adult ward’s protected person’s prior relationship with
such person.
Sec. 70. Section 633.638, Code 2023, is amended to read as
follows:
633.638 Presumption of fraud.
If a conservator be appointed, all contracts, transfers and
gifts made by the ward protected person after the filing of the
petition shall be presumed to be a fraud against the rights
and interest of the ward protected person except as otherwise
directed by the court pursuant to section 633.637 .
Sec. 71. Section 633.639, Code 2023, is amended to read as
follows:
633.639 Title to ward’s protected person’s property.
The title to all property of the ward protected person is
in the ward protected person and not the conservator subject,
however, to the possession of the conservator and to the
control of the court for the purposes of administration,
sale or other disposition, under the provisions of the
law. Any real property titled at any time in the name of a
conservatorship shall be deemed to be titled in the ward’s
protected person’s name subject to the conservator’s right of
possession.
Sec. 72. Section 633.640, Code 2023, is amended to read as
follows:
633.640 Conservator’s right to possession.
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Every conservator shall have a right to, and shall take,
possession of all of the real and personal property of the
ward protected person . The conservator shall pay the taxes
and collect the income therefrom until the conservatorship is
terminated. The conservator may maintain an action for the
possession of the property, and to determine the title to the
same.
Sec. 73. Section 633.643, Code 2023, is amended to read as
follows:
633.643 Disposal of will by conservator.
When an instrument purporting to be the will of the ward
protected person comes into the hands of a conservator, the
conservator shall immediately deliver it to the court.
Sec. 74. Section 633.644, Code 2023, is amended to read as
follows:
633.644 Court order to preserve testamentary intent of ward
protected person .
Upon receiving an instrument purporting to be the will of a
living ward protected person under the provisions of section
633.643 , the court may open said will and read it. The court
with or without notice, as it may determine, may enter such
orders in the conservatorship as it deems advisable for the
proper administration of the conservatorship in light of the
expressed testamentary intent of the ward protected person .
Sec. 75. Section 633.645, Code 2023, is amended to read as
follows:
633.645 Court to deliver will to clerk.
An instrument purporting to be the will of a ward protected
person coming into the hands of the court under the provisions
of section 633.643 , shall thereafter be resealed by the court
and be deposited with the clerk to be held by said clerk as
provided in sections 633.286 through 633.289 .
Sec. 76. Section 633.653A, Code 2023, is amended to read as
follows:
633.653A Claims for cost of medical care or services.
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The provision of medical care or services to a ward protected
person who is a recipient of medical assistance under chapter
249A creates a claim against the conservatorship for the amount
owed to the provider under the medical assistance program for
the care or services. The amount of the claim, after being
allowed or established as provided in this part, shall be paid
by the conservator from the assets of the conservatorship.
Sec. 77. Section 633.654, Code 2023, is amended to read as
follows:
633.654 Form and verification of claims —— general
requirements.
No claim shall be allowed against the estate of a ward
protected person upon application of the claimant unless
it shall be in writing, filed in duplicate with the clerk,
stating the claimant’s name and address, and describing the
nature and the amount thereof, if ascertainable. It shall be
accompanied by the affidavit of the claimant, or of someone for
the claimant, that the amount is justly due, or if not due,
when it will or may become due, that no payments have been
made thereon which are not credited, and that there are no
offsets to the same, to the knowledge of the affiant, except as
therein stated. The duplicate of said claim shall be mailed
by the clerk to the conservator or the conservator’s attorney
of record; however, valid contract claims arising in the
ordinary course of the conduct of the business or affairs of
the ward protected person by the conservator may be paid by the
conservator without requiring affidavit or filing.
Sec. 78. Section 633.656, Code 2023, is amended to read as
follows:
633.656 How claim entitled.
All claims filed against the estate of the ward protected
person shall be entitled in the name of the claimant against
the conservator as such, naming the conservator, and in all
further proceedings thereon, this title shall be preserved.
Sec. 79. Section 633.660, Code 2023, is amended to read as
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follows:
633.660 Execution and levy prohibited.
No execution shall issue upon, nor shall any levy be made
against, any property of the estate of a ward protected person
under any judgment against the ward protected person or a
conservator, but the provisions of this section shall not be so
construed as to prevent the enforcement of a mortgage, pledge,
or other lien upon property in an appropriate proceeding.
Sec. 80. Section 633.661, Code 2023, is amended to read as
follows:
633.661 Claims of conservators.
If the conservator is a creditor of the ward protected
person , the conservator shall file the claim as other
creditors, and the court shall appoint some competent person as
temporary conservator to represent the ward protected person
at the hearing on the conservator’s claim. The same procedure
shall be followed in the case of coconservators where all
such conservators are creditors of the ward protected person ;
but if one of the coconservators is not a creditor of the
ward protected person , such disinterested conservator shall
represent the ward protected person at the hearing on any claim
against the ward protected person by a coconservator.
Sec. 81. Section 633.662, Code 2023, is amended to read as
follows:
633.662 Claims not filed.
The conservator may pay any valid claim against the estate of
the ward protected person even though such claim has not been
filed, but all such payments made by the conservator shall be
at the conservator’s own peril.
Sec. 82. Section 633.664, Code 2023, is amended to read as
follows:
633.664 Liens not affected by failure to file claim.
Nothing in sections 633.654 and 633.658 shall affect or
prevent an action or proceeding to enforce any mortgage,
pledge, or other lien upon the property of the ward protected
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person .
Sec. 83. Section 633.665, Code 2023, is amended to read as
follows:
633.665 Separate actions and claims.
1. Any action pending against the ward protected person at
the time the conservator is appointed shall also be considered
a claim filed in the conservatorship if notice of substitution
is served on the conservator as defendant and a duplicate of
the proof of service of notice of such proceeding is filed in
the conservatorship proceeding.
2. A separate action based on a debt or other liability
of the ward protected person may be commenced against the
conservator in lieu of filing a claim in the conservatorship.
Such an action shall be commenced by serving an original notice
on the conservator and filing a duplicate of the proof of
service of notice of such proceeding in the conservatorship
proceeding. Such an action shall also be considered a claim
filed in the conservatorship. Such an action may be commenced
only in a county where the venue would have been proper if
there were no conservatorship and the action had been commenced
against the ward protected person .
Sec. 84. Section 633.667, Code 2023, is amended to read as
follows:
633.667 Payment of claims in insolvent conservatorships.
When it appears that the assets in a conservatorship are
insufficient to pay in full all the claims against such
conservatorship, the conservator shall report such matter to
the court, and the court shall, upon hearing, with notice to
all persons who have filed claims in the conservatorship, make
an order for the pro rata payment of claims giving claimants
the same priority, if any, as they would have if the ward
protected person were not under conservatorship.
Sec. 85. Section 633.668, Code 2023, is amended to read as
follows:
633.668 Conservator may make gifts.
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For good cause shown and under order of court, a conservator
may make gifts on behalf of the ward protected person out of
the assets under a conservatorship to persons or religious,
educational, scientific, charitable, or other nonprofit
organizations to whom or to which such gifts were regularly
made prior to the commencement of the conservatorship, or on
a showing to the court that such gifts would benefit the ward
protected person or the ward’s protected person’s estate from
the standpoint of income, gift, estate or inheritance taxes.
The making of gifts out of the assets must not foreseeably
impair the ability to provide adequately for the best interests
of the ward protected person .
Sec. 86. Section 633.671, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. The residence or physical location of the ward protected
person .
6. The general physical and mental condition of the ward
protected person .
Sec. 87. Section 633.673, Code 2023, is amended to read as
follows:
633.673 Court costs in guardianships.
The ward protected person or the ward’s protected person’s
estate shall be charged with the court costs of a ward’s
protected person’s guardianship, including the guardian’s fees
and the fees of the attorney for the guardian. The court
may, upon application, enter an order waiving payment of the
court costs in indigent cases. However, if the ward protected
person or ward’s protected person’s estate becomes financially
capable of paying any waived costs, the costs shall be paid
immediately.
Sec. 88. Section 633.676, Code 2023, is amended to read as
follows:
633.676 Assets exhausted.
At any time that the assets of the ward’s protected person’s
estate do not exceed the amount of the charges and claims
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against it, the court may direct the conservator to proceed to
terminate the conservatorship.
Sec. 89. Section 633.677, Code 2023, is amended to read as
follows:
633.677 Accounting to ward protected person —— notice.
Upon the termination of a conservatorship, the conservator
shall pay the costs of administration and shall render a full
and complete accounting to the ward protected person or the
ward’s protected person’s personal representative and to the
court. Notice of the final report of a conservator shall be
served on the ward protected person or the ward’s protected
person’s personal representative, in accordance with section
633.40 , unless notice is waived. An order prescribing notice
may be made before or after the filing of the final report.
Sec. 90. Section 633.682, Code 2023, is amended to read as
follows:
633.682 Discharge of conservator and release of bond.
Upon settlement of the final accounting of a conservator,
and upon determining that the property of the ward protected
person has been delivered to the person or persons lawfully
entitled thereto, the court shall discharge the conservator and
exonerate the surety on the conservator’s bond.
Sec. 91. Section 636.23, subsection 13, Code 2023, is
amended to read as follows:
13. Life, endowment or annuity contracts of legal reserve
life insurance companies authorized to do business in Iowa. The
purchase of contracts authorized by this subsection shall be
limited to executors or the successors to their powers when
specifically authorized by will, and to guardians and trustees,
in an amount not to exceed twenty-five percent of the value
of the ward’s protected person’s property in possession of
the fiduciary. Such contract may be issued on the life or
lives of a ward protected person or wards protected persons or
beneficiary or beneficiaries of a trust fund created by will or
trust agreement, or upon the life or lives of persons in whose
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life or lives such ward protected person or beneficiary has an
insurable interest. The proceeds or avails of such contract
shall be the sole property of the person or persons whose funds
are invested therein.
Sec. 92. Section 638.2, subsections 5, 15, and 27, Code
2023, are amended to read as follows:
5. “Conservator” means the same as defined in section 633.3 .
“Conservator” includes a person appointed to have the custody
and control of the property of a ward protected person in a
limited conservatorship unless otherwise provided by order of
the court.
15. “Guardian” means the same as defined in section 633.3 .
“Guardian” includes a person appointed to have the custody and
care of the person of the ward protected person in a limited
guardianship unless otherwise provided by order of the court.
27. “Ward” “Protected person” means an individual for whom a
conservator or guardian has been appointed. “Ward” “Protected
person” includes an individual for whom an application for the
appointment of a conservator or guardian is pending and for
which a court order authorizing access under this chapter has
been granted.
Sec. 93. Section 638.3, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. A conservator or guardian acting for a ward protected
person on or after July 1, 2017.
Sec. 94. Section 638.14, Code 2023, is amended to read as
follows:
638.14 Disclosure of digital assets to conservator or
guardian of a ward protected person .
1. After an opportunity for a hearing to all interested
parties, the court may grant a conservator or guardian access
to the digital assets of a ward protected person .
2. Unless otherwise ordered by the court or directed by the
user, a custodian shall disclose to a conservator or guardian
the catalogue of electronic communications sent or received
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by a ward protected person and any digital assets, other than
the content of electronic communications, in which the ward
protected person has a right or interest if the conservator or
guardian gives the custodian all of the following:
a. A written request for disclosure in physical or
electronic form.
b. A file-stamped copy of the court order that gives the
conservator or guardian authority over the digital assets of
the ward protected person .
c. If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber
or account identifier assigned by the custodian to identify the
account of the ward protected person .
(2) Evidence linking the account to the ward protected
person .
3. If the conservatorship or guardianship is not limited,
the conservator or guardian may request a custodian of the
digital assets of the ward protected person to suspend or
terminate an account of the ward protected person for good
cause. A request made under this section must be accompanied
by a file-stamped copy of the court order establishing the
conservatorship or guardianship.
Sec. 95. Section 638.15, subsections 3, 4, and 5, Code 2023,
are amended to read as follows:
3. A fiduciary with authority over the property of a
decedent, ward protected person , principal, or settlor has
the right to access any digital asset in which the decedent,
ward protected person , principal, or settlor had a right or
interest and that is not held by a custodian or subject to a
terms-of-service agreement.
4. A fiduciary acting within the scope of the fiduciary’s
duties is an authorized user of the property of the decedent,
ward protected person , principal, or settlor for the purpose
of applicable computer-fraud and unauthorized-computer-access
laws, including section 716.6B .
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5. A fiduciary with authority over the tangible, personal
property of a decedent, ward protected person , principal, or
settlor possesses all of the following authority:
a. Has the right to access the property and any digital
asset stored in the property.
b. Is an authorized user for the purpose of computer-fraud
and unauthorized-computer-access laws, including section
716.6B .
Sec. 96. Section 692A.113, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Who is the parent or legal guardian of a minor shall not
be in violation of subsection 1 solely during the period of
time reasonably necessary to transport the offender’s own minor
child or ward protected person to or from a place specified in
subsection 1 .
Sec. 97. Section 692A.114, subsection 3, paragraph f, Code
2023, is amended to read as follows:
f. The sex offender is a ward protected person in a
guardianship, and a district judge or associate probate judge
grants an exemption from the residency restriction.
Sec. 98. Section 726.5, subsection 1, Code 2023, is amended
to read as follows:
1. a. A person, who being able to do so, fails or refuses
to provide support for the person’s child or ward protected
person under the age of eighteen years for a period longer than
one year or in an amount greater than five thousand dollars
commits the offense of nonsupport.
b. A person shall not be held to have violated this section
if the person fails to support any child or ward protected
person under the age of eighteen who has left the home of the
parent or other person having legal custody of the child or
ward protected person without the consent of that parent or
person having legal custody of the child or ward protected
person .
EXPLANATION
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The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill concerns the creation, administration,
and termination of adult and minor guardianships and
conservatorships.
The bill provides that the juvenile court has exclusive
jurisdiction in proceedings for appointment of a guardian for a
minor and concerning the guardianship of a minor.
The bill requires that, in addition to stating why a limited
guardianship is appropriate, a petition for guardianship of
a minor must also state whether a conservatorship for the
minor is already in place. If a minor’s known parents have
not consented to the appointment of a guardian, the notice of
the filing of a guardianship petition shall inform the known
parents that they are entitled to representation if they meet
the conditions in Code section 232D.304.
The bill allows the court to appoint a court visitor for
the minor in a minor guardianship proceeding. A court visitor
is discharged from further duties upon an appointment of a
guardian or conservator unless the court determines that
continued service of the court visitor would be in the best
interest of the minor or protected person, in which case the
court may limit the direct duties as necessary.
The bill allows a hearing on a petition for guardianship of a
minor to be recorded if a court reporter is not used.
The bill provides that the court may order an extension of a
temporary guardianship or conservatorship for 30 days for good
cause shown. A guardian or conservator shall file either prior
to or along with the application for an extension of time a
report with the court providing all the actions conducted on
behalf of the minor or protected person and all future actions
the guardian or conservator plans to conduct on behalf of the
minor or protected person during the extension period.
The bill requires a temporary guardian to submit any report
required by the court. The bill provides that a court order
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appointing a guardian for a minor shall state powers granted
to the guardian until the guardian files the initial care plan
and the plan is approved by the court. The bill strikes a
reference to “without prior court approval” in a Code section
listing powers a court may grant to a guardian. The bill also
directs that the initial care plan must include the guardian’s
plan for applying for and receiving funds and benefits for the
support of the minor.
The bill requires the clerk of court to, twice per year,
notify any fiduciary or fiduciary’s attorney of delinquent
plans or reports in any pending minor guardianship. If the
plan or report is not filed within 60 days, the clerk must
notify the presiding judge and the fiduciary will be subject to
removal. The bill also requires the clerk of court to, twice
per year, report to the presiding judge all delinquent plans
and reports.
The bill alters certain requirements of a petition for
appointment of guardian or conservator for an adult, and
provides that the hearing on a petition may be recorded if a
court reporter is not used.
The bill allows a district court conducting checks of the
dependent adult abuse registry for all proposed guardians
and conservators to have access to dependent adult abuse
information other than unfounded dependent adult abuse
information. Under the bill, a court need not perform a
background check on a proposed guardian or conservator if the
person provides a background check from the past 12 months to
the court.
The bill provides that an order appointing a conservator
shall state the basis for the conservatorship, and upon
appointment, the conservator may exercise the powers relating
to all fiduciaries, unless expressly modified by the court,
without prior court approval. These powers include but are
not limited to the following: making written requests for the
purpose of obtaining the property of the protected person,
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or obtaining information about the property of the protected
person; designating and employing an attorney to assist in
the administration of the estate of the protected person;
holding investments in the name of a bank or trustee company;
and requiring a bank to show ownership of investments held in
nominee name and keep them separate from the assets of the
bank. The bill further provides that until the conservator
files and the court approves an initial financial management
plan, the conservator may exercise the following powers without
court approval except as otherwise ordered by the court:
collect, receive, and receipt for any principal or income of
the protected person; receive property of the protected person
from any source; and continue to hold any investment or other
property of the protected person. The bill also provides that
upon the conservator filing the appropriate oath, the clerk of
court shall issue letters of appointment attached to the order
granting or limiting powers of the conservator.
The bill changes the information required to be contained
in a guardian’s written verified reports including the initial
care plan and annual reports, and information required to be
included in reports by conservators including the initial
financial management plan, an inventory of the protected
person’s assets and debts, the annual report, and the final
report.
The bill replaces reporting requirements for guardians, and
requires that guardians must obtain court approval prior to any
significant deviation from the initial care plan filed with the
court.
The bill modifies reporting requirements for conservators.
The conservator must give notice of filing a plan, and if no
objection is made within 20 days, the conservator must submit
a proposed order to the court approving the initial plan. If
there are objections to the plan, the court must set the matter
for hearing.
The bill makes conforming changes throughout the Code by
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changing the term “ward” to “protected person”.
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