Bill Text: IA SSB1147 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to the creation, administration, and termination of adult and minor guardianships and conservatorships.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2023-02-20 - Subcommittee: Dawson, Bisignano, and Shipley. [SSB1147 Detail]

Download: Iowa-2023-SSB1147-Introduced.html

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Senate Study Bill 1147 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON ZAUN)
A BILL FOR
An Act relating to 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 232.3, subsection 1, Code 2023, is
amended to read as follows:
1. During the pendency of an action under this chapter , a
party to the action is estopped from litigating concurrently
the custody, guardianship, or placement of a child who is the
subject of the action, in a court other than the juvenile court
with jurisdiction of the pending action under this chapter . A
district judge, district associate judge, juvenile court judge,
magistrate, or judicial hospitalization referee, upon notice
of the pendency of an action under this chapter , shall not
issue an order, finding, or decision relating to the custody,
guardianship, or placement of the child who is the subject of
the action, under any law, including but not limited to chapter
232D , 598 , or 598B , or 633 .
Sec. 2. 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 and guardianships of minors .
Sec. 3. NEW SECTION . 232D.107 Confidentiality.
Official juvenile court records in guardianship proceedings
shall be confidential and are not public records. The court,
at its discretion, may authorize other persons to access such
records. Confidential records may be inspected and their
contents shall be disclosed to all of the following without
court order, provided that a person or entity who inspects
or receives a confidential record under this section shall
not disclose the confidential record or its contents unless
permitted by law:
1. The judge and professional court staff.
2. The minor and the minor’s counsel.
3. The minor’s parent, guardian or custodian, court
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visitor, and any counsel representing such person.
Sec. 4. Section 232D.301, subsection 2, paragraph d,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Any adult who has had the primary care of the minor or
with whom the minor has lived for at least any time during the
six months prior to immediately preceding the filing of the
petition.
Sec. 5. 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. 6. 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. 7. Section 232D.305, subsection 1, Code 2023, is
amended to read as follows:
1. The court may appoint a court visitor for the minor. A
person is qualified to serve as a court visitor if the court
determines the person has demonstrated sufficient knowledge of
guardianships to adequately perform the duties in subsection 3.
Sec. 8. Section 232D.305, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Explaining to the minor, if the minor’s age is
appropriate, the substance of the petition, the purpose and
effect of the guardianship proceeding, the rights of the
minor at the hearing, and the general powers and duties of a
guardian.
Sec. 9. Section 232D.305, Code 2023, is amended by adding
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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
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. 10. 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. 11. Section 232D.307, 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 sex offender
registries in this state for all proposed guardians other than
financial institutions with Iowa trust powers unless a proposed
guardian has undergone the required background checks in this
section within the twelve six months prior to the filing of
a petition and the background check has been provided to the
court .
Sec. 12. Section 232D.401, subsection 1, Code 2023, is
amended to read as follows:
1. The order by the court appointing a guardian for a minor
shall state the basis for the order and the date on which the
first reporting period for the guardianship will end .
Sec. 13. 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 .
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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 :
Sec. 14. 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. 15. Section 232D.501, subsection 1, paragraph b, Code
2023, is amended by adding the following new subparagraph:
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. 16. Section 232D.501, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION . 5. The court, for good cause, may extend
the deadline for filing required reports. Required reports of
a guardian which are not timely filed and which are delinquent,
and for which no extension for filing has been granted by the
court, shall be administered in the same manner as provided in
section 633.32.
DIVISION II
ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS
Sec. 17. 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.
Sec. 18. Section 633.556, subsections 4, 5, and 8, Code
2023, are amended to read as follows:
4. The petition shall list the name and address all of the
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petitioner and the petitioner’s relationship to the respondent
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.
c. The name and address of the proposed guardian or
conservator, and the reason the proposed guardian or
conservator should be selected.
5. The petition shall list the name and address, to the
extent known, of the following:
a. The name and address of the proposed guardian and the
reason the proposed guardian should be selected.
b. a. Any spouse of the respondent.
c. b. Any adult children of the respondent.
d. c. Any parents of the respondent.
e. d. Any adult, who has had the primary care of the
respondent or with whom the respondent has lived for at least
any time during the six months prior to immediately preceding
the filing of the petition, or any institution or facility
where the respondent has resided for at least six months prior
to any time during the six months immediately preceding the
filing of the petition.
f. e. Any legal representative or representative payee of
the respondent.
g. f. Any person designated as an attorney in fact in a
durable power of attorney for health care which is valid under
chapter 144B , or any person designated as an agent in a durable
power of attorney which is valid under chapter 633B .
8. The petition shall provide a brief description of
the respondent’s alleged functional limitations that make
the respondent unable to communicate or carry out important
decisions concerning the respondent’s financial affairs if
the petition is for appointment of a conservator for an adult
respondent, or a brief description of the respondent’s alleged
inability to care for the respondent’s safety or provide for
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necessities such as food, shelter, clothing, or medical care
without which physical injury or illness may occur if the
petition requests the appointment of a guardian .
Sec. 19. 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. 20. Section 633.561, subsection 6, Code 2023, is
amended to read as follows:
6. If the court determines that it would be in the
respondent’s best interest to have legal representation
with respect to any further proceedings in a guardianship
or conservatorship, the court may appoint an attorney to
represent the respondent at the expense of the respondent or
the respondent’s estate, or if the respondent is indigent the
cost of the court appointed attorney shall be assessed against
the county in which the proceedings are pending.
Sec. 21. Section 633.562, subsection 1, Code 2023, is
amended to read as follows:
1. If the court determines that the appointment of a court
visitor would be in the best interest of the respondent, the
court shall appoint a court visitor at the expense of the
respondent or the respondent’s estate, or, if the respondent
is indigent, the cost of the court visitor shall be assessed
against the county in which the proceedings are pending. The
court may appoint any qualified person as a court visitor in
a guardianship or conservatorship proceeding. A person is
qualified to serve in this capacity if the court determines the
person has demonstrated sufficient knowledge of guardianships
or conservatorships to adequately perform the duties in
subsection 3.
Sec. 22. Section 633.562, subsection 3, paragraph b, Code
2023, is amended to read as follows:
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b. Explaining to the respondent the substance of the
petition, the purpose and effect of the guardianship or
conservatorship proceeding, the rights of the respondent at
the hearing, and the general powers and duties of a guardian
or conservator.
Sec. 23. 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. 24. Section 633.563, subsection 1, Code 2023, is
amended by adding the following new paragraph:
NEW PARAGRAPH . c. The petition is for opening a
conservatorship for a minor.
Sec. 25. 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 and
conservators, other than financial institutions with Iowa trust
powers , unless a proposed guardian or conservator has undergone
the background checks required by this section within the six
months prior to the filing of a petition and the background
check has been provided to the court .
Sec. 26. 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
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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 .
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. 27. 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 good cause
shown. Prior to or contemporaneously with the filing for
an application for the extension of time, the guardian or
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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 extension
period.
NEW SUBSECTION . 9. The temporary guardian or conservator
shall submit any other report the court requires.
Sec. 28. 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
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 sections 633.641 and 633.642 .
Sec. 29. 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. 30. Section 633.641, subsection 3, Code 2023, is
amended to read as follows:
3. If the court appoints a conservator for a protected
person who has previously executed a valid power of attorney
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under chapter 633B , the conservator shall act in accordance
with the applicable provisions of chapter 633B the power of
attorney is suspended unless the power of attorney provides
otherwise or unless the court determines the power of attorney
should continue. If the power of attorney continues, the agent
is accountable to the conservator as well as to the protected
person. The power of attorney shall be reinstated upon
termination of the conservatorship as a result of the protected
person regaining capacity .
Sec. 31. Section 633.642, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
633.642 Powers of conservator.
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. Except
as otherwise ordered by the court, a conservator must give
notice to persons entitled to notice and receive specific prior
authorization by the court before the conservator may take any
other action on behalf of the protected person.
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.
Sec. 32. Section 633.669, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
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633.669 Reports by guardians.
1. The court shall assign a guardianship created under
this chapter, and may reassign as necessary in the court’s
discretion, to one of following reporting tiers:
a. Tier I: A guardian assigned a tier I guardianship shall
file with the court a verified annual report which shall not
be waived by the court. The annual report shall include all of
the following:
(1) The current mental and physical condition of the
protected person.
(2) The present living arrangement of the protected person,
including a description of each residence where the protected
person has resided during the reporting period.
(3) A summary of the medical, educational, vocational and
technical, and other professional services provided for the
protected person.
(4) A description of the guardian’s visits with and
activities on behalf of the protected person.
(5) A recommendation as to the need for continued
guardianship.
(6) Other information requested by the court or useful in
the opinion of the guardian.
b. Tier II: A guardian assigned a tier II guardianship
shall file with the court the following written verified
reports which shall not be waived by the court:
(1) An initial care plan filed within sixty days of
appointment. The information in the initial care plan shall
include but is not limited to the following information:
(a) The current residence of the protected person and the
guardian’s plan for the protected person’s living arrangements.
(b) The guardian’s plan for payment of the protected
person’s living expenses and other expenses.
(c) 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
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needs.
(d) Whether the protected person has a living will or health
care power of attorney.
(e) If applicable, the protected person’s need for other
professional services for mental, behavioral, or emotional
health, and the guardian’s plan for other professional services
needed by the protected person.
(f) If applicable, the protected person’s employment
status, the protected person’s need for educational, training,
or vocational services, and the guardian’s plan for meeting the
educational, training, and vocational needs of the protected
person.
(g) If applicable, the guardian’s plan for facilitating the
participation of the protected person in social activities.
(h) The guardian’s plan for facilitating contacts between
the protected person and the protected person’s family members
and other persons significant in the life of the protected
person.
(i) The guardian’s plan for contact with, and activities on
behalf of, the protected person.
(j) The powers that the guardian requests to carry out the
initial care plan.
(2) An amended plan when there has been a significant
change in the circumstances or the guardian seeks to deviate
significantly from the plan. The guardian must obtain court
approval of the amended plan before implementing any of its
provisions.
(3) An annual report, filed within sixty days of the close
of the reporting period. The information in the annual report
shall include but is not limited to the following information:
(a) The current living arrangements of the protected
person.
(b) The sources of payment for the protected person’s living
expenses and other expenses.
(c) A description, if applicable, of the following:
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(i) The protected person’s physical and mental health
status and the medical, dental, and other professional services
provided to the protected person.
(ii) If applicable, the protected person’s employment
status and the educational, training, and vocational services
provided to the protected person.
(iii) The contact of the protected person with family
members and other significant persons.
(iv) The nature and extent of the guardian’s visits with,
and activities on behalf of, the protected person.
(d) The guardian’s recommendation as to the need for
continuation of the guardianship.
(e) The ability of the guardian to continue as guardian.
(f) The need of the guardian for assistance in providing or
arranging for the provision of the care and protection of the
protected person.
(g) Any other information the guardian deems necessary for
the court to consider.
2. The guardian under a tier I or II guardianship shall file
a final report within thirty days of the termination of the
guardianship under section 633.675 unless that time is extended
by the court.
3. The court shall develop a simplified uniform reporting
form for use in filing the required reports.
4. The clerk of the court shall notify the guardian in
writing of the reporting requirements and shall provide
information and assistance to the guardian in filing the
reports.
5. Reports of guardians shall be reviewed and approved by a
district court judge or referee.
6. The court, for good cause, may extend the deadline for
filing required reports. Required reports of a guardian which
are not timely filed and which are delinquent, and for which no
extension for filing has been granted by the court, shall be
administered as provided in section 633.32.
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7. The guardian shall provide a copy of the reports required
by this section to the protected person, the protected person’s
attorney, if any, and the court visitor, if any.
Sec. 33. Section 633.670, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
633.670 Reports by conservators.
1. The court shall assign a conservatorship created under
this chapter, and may reassign as necessary in the court’s
discretion, to one of following reporting tiers:
a. Tier I: A conservator assigned a tier I conservatorship
shall file with the court a verified annual report which shall
not be waived by the court. The annual report shall include
all of the following:
(1) The balance of funds on hand at the close of the last
previous accounting, and all amounts received from any source
during the period covered by the accounting.
(2) All disbursements made during the period covered by the
accounting.
(3) Any changes in investments since the last previous
report, including a list of all assets, and recommendations
of the conservator for the retention or disposition of any
property held by the conservator.
(4) The amount of the bond and the name of the surety on the
bond.
(5) The residence or physical location of the protected
person.
(6) The general physical and mental condition of the
protected person.
(7) Such other information as is necessary to show the
condition of the affairs of the conservatorship.
b. Tier II: A conservator assigned a tier II
conservatorship shall file with the court 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
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be waived by the court. 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.
(1) The initial financial management plan must state the
protected person’s age, residence, living arrangements, and
sources of payment for living expenses.
(2) If applicable, the protected person’s will shall be
filed with the court clerk and the protected person’s prepaid
burial trust and powers of attorney shall be described.
(3) The conservator shall provide notice of the filing of
the initial financial management plan and a copy of 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. 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.
(4) At least twenty days after the initial financial
management 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.
(5) After approval of the initial financial management
plan 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.
(6) The conservator shall file an amended financial
management plan when there has been a significant change in
circumstances or the conservator seeks to deviate significantly
from the plan. Before the amended plan is implemented, the
provisions for court approval of the plan shall be followed as
provided in the initial financial management plan.
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(7) The conservator shall attach to the initial financial
management plan an inventory of the protected person’s assets
and debts, 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 the 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 asset of the protected
person or becomes aware of its existence, or becomes aware
of additional debt of the protected person, a description of
the asset or debt shall be included in the conservator’s next
annual report.
(8) (a) The 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.
(b) The annual report required by this subparagraph shall
state the age, the residence, and the living arrangements of
the protected person, and sources of payment for the protected
person’s living expenses during the reporting period.
(c) The conservator shall submit with the annual report
required by this subparagraph an inventory of the assets of the
protected person as of the last day of the reporting period the
total value of assets at the beginning and end of the reporting
period.
2. The conservator assigned a tier I or II conservatorship
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.
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c. Within sixty days following the termination of the
conservatorship.
d. At other times as ordered by the court.
3. The conservator shall provide a copy of the initial
financial management plan, if applicable, the inventory of the
protected person’s assets, if applicable, and the annual report
to the protected person, the protected person’s attorney, if
any, and court visitor, if any, and the veterans administration
if the protected person is receiving veterans’ benefits.
4. The court, for good cause, may extend the deadline for
filing required reports. Required reports of a conservator
which are not timely filed and which are delinquent, and for
which no extension for filing has been granted by the court,
shall be administered as provided in section 633.32.
5. Reports of conservators shall be reviewed and approved by
a district court judge or referee.
Sec. 34. Section 633.675, subsections 2, 3, and 5, Code
2023, are amended to read as follows:
2. The court shall terminate a guardianship for an adult if
it the court 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
is not satisfied.
5. The standard of proof and the burden of proof to be
applied in a termination proceeding to terminate a guardianship
or conservatorship for an adult shall be the same as set forth
in section 633.551, subsection 2 .
DIVISION III
CONFORMING CHANGES
Sec. 35. Section 10.1, subsection 7, Code 2023, is amended
to read as follows:
7. “Farm estate” means the real and personal property of a
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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. 36. 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. 37. 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. 38. 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. 39. Section 231E.4, subsection 3, paragraphs f and h,
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,
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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. 40. 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
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. 41. Section 231E.5, subsection 2, paragraph g,
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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. 42. 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. 43. 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. 44. Section 231E.7, subsection 3, Code 2023, is amended
to read as follows:
3. The best interests of the ward protected person require
the intervention.
Sec. 45. 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
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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. 46. 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. 47. 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,
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
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responsible person, both as to amounts accrued and accruing,
pursuant to section 598.21B .
Sec. 48. 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. 49. 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. 50. 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. 51. 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
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.
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Sec. 52. 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. 53. 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. 54. 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. 55. 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.
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
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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. 56. 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. 57. 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. 58. 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. 59. 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
fiduciary, except that the fiduciary shall file a report and
accounting on behalf of the decedent or ward protected person
in said matter.
Sec. 60. Section 633.93, Code 2023, is amended to read as
follows:
633.93 Limitation on actions affecting deeds.
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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. 61. 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. 62. 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. 63. 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
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.
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Sec. 64. 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. 65. 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. 66. Section 633.604, Code 2023, is amended to read as
follows:
633.604 Application.
The application for appointment of a foreign conservator
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
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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. 67. 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. 68. 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. 69. 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.
Sec. 70. 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 .
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Sec. 71. 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. 72. 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. 73. Section 633.637A, Code 2023, is amended to read as
follows:
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
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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. 74. 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. 75. 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. 76. Section 633.640, Code 2023, is amended to read as
follows:
633.640 Conservator’s right to possession.
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
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same.
Sec. 77. 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. 78. 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. 79. 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. 80. Section 633.653A, Code 2023, is amended to read as
follows:
633.653A Claims for cost of medical care or services.
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
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by the conservator from the assets of the conservatorship.
Sec. 81. 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. 82. 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. 83. Section 633.660, Code 2023, is amended to read as
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
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construed as to prevent the enforcement of a mortgage, pledge,
or other lien upon property in an appropriate proceeding.
Sec. 84. 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. 85. 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. 86. 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
person .
Sec. 87. 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
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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. 88. 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. 89. Section 633.668, Code 2023, is amended to read as
follows:
633.668 Conservator may make gifts.
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
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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. 90. 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. 91. 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. 92. 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
against it, the court may direct the conservator to proceed to
terminate the conservatorship.
Sec. 93. 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
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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. 94. 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. 95. 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
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. 96. Section 638.2, subsections 5, 15, and 27, Code
2023, are amended to read as follows:
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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. 97. 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. 98. 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
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.
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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. 99. 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 .
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
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and unauthorized-computer-access laws, including section
716.6B .
Sec. 100. 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. 101. 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. 102. 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
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the creation, administration,
and termination of adult and minor guardianships and
conservatorships.
Under current law, the juvenile court has exclusive
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jurisdiction of guardianship proceedings. The bill provides
that the juvenile court also has exclusive jurisdiction over
guardianships of minors.
The bill makes official juvenile court records in
guardianships confidential and not public records. The
following people are authorized to request the records without
court order: the judge and professional court staff, the
minor and the minor’s counsel, the minor’s parent, guardian,
or custodian, court visitor, and any counsel representing such
person, so long as they do not disclose the confidential record
or contents unless required by law.
Under current law, the petition for minor and adult
guardianships includes the name and address of any adult
who has had the primary care of the minor or with whom the
protected person has lived for at least six months prior to the
filing of the petition. The bill requires the name and address
of any adult who has had the primary care of the protected
person or with whom the protected person had lived at any time
during the six months prior to the filing of the petition.
The bill requires that in addition to stating in the
guardianship for the minor petition why a limited guardianship
is appropriate, the petition must also state whether a
conservatorship for the minor is already in place. The
notice of a guardianship proceeding must be given to any
adult with whom the minor has lived for the six months
immediately preceding the filing of the petition. 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.
Under current law, qualification for a court visitor is not
provided. The bill provides a person is qualified to serve
as a court visitor for a minor or adult protected person if
the court determines the person has demonstrated sufficient
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knowledge of guardianships to adequately perform the duties of
a court visitor.
The bill changes the requirements of the background checks
for a proposed guardian of a minor. Previously, the proposed
guardian for the minor could use background checks from the
past 12 months prior to filing the petition. The bill changes
that time frame to six months and adds that the background
check needs to have been provided to the court. The bill also
includes the same provision for adult guardianships.
The bill directs that the initial verified care plan must
include the guardian’s plan for applying and receiving funds
and benefits for the support of the minor.
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.
The bill provides that a court visitor will be discharged
upon the appointment of a guardian or conservator unless
ordered by the court to continue.
The bill strikes and replaces Code section 633.642
(responsibilities of conservator). 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,
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. Until the conservator files and the court approves an
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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
clerk of the court shall issue letters of appointment upon the
filing of an appropriate oath by the conservator and a copy of
the initial order of the court and any future order, granting
or limiting the authority of the conservator to act on behalf
of the protected person, shall be attached to the letters of
appointment.
The bill also strikes and replaces Code section 633.669
(reports by guardians), changing 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 bill creates two tiers to which a conservator may be
assigned. 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
changing the term “ward” to “protected person”.
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