Bill Text: IA SSB3184 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the substitute decision maker Act.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-13 - Subcommittee: Costello, Segebart, and Quirmbach. [SSB3184 Detail]
Download: Iowa-2017-SSB3184-Introduced.html
Senate
Study
Bill
3184
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
ON
AGING
BILL)
A
BILL
FOR
An
Act
relating
to
the
substitute
decision
maker
Act.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
22.7,
subsection
61,
Code
2018,
is
1
amended
to
read
as
follows:
2
61.
Records
of
the
department
on
aging
pertaining
to
clients
3
served
by
the
state
office
or
a
local
office
of
substitute
4
decision
maker
public
guardian
as
defined
in
section
231E.3
.
5
Sec.
2.
Section
231E.1,
Code
2018,
is
amended
to
read
as
6
follows:
7
231E.1
Title.
8
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
9
Substitute
Decision
Maker
Public
Guardian
Act”
.
10
Sec.
3.
Section
231E.2,
Code
2018,
is
amended
to
read
as
11
follows:
12
231E.2
Office
of
substitute
decision
maker
public
guardian
13
——
findings
and
intent.
14
1.
a.
The
general
assembly
finds
that
many
adults
15
in
this
state
are
unable
to
meet
essential
requirements
16
to
maintain
their
physical
health
or
to
manage
essential
17
aspects
of
their
financial
resources
and
are
in
need
of
18
substitute
decision-making
guardianship,
conservatorship,
19
or
representative
payee
services.
However,
a
willing
20
and
responsible
person
may
not
be
available
to
serve
as
a
21
private
substitute
decision
maker
guardian,
conservator,
or
22
representative
payee
or
the
adult
may
not
have
adequate
income
23
or
resources
to
compensate
a
private
substitute
decision
maker
24
guardian,
conservator,
or
representative
payee
.
25
b.
The
general
assembly
further
finds
that
a
process
26
should
exist
to
assist
individuals
in
finding
alternatives
27
to
substitute
decision-making
guardianship,
conservatorship,
28
or
representative
payee
services
and
less
intrusive
means
of
29
assistance
before
an
individual’s
independence
or
rights
are
30
limited.
31
c.
The
general
assembly
further
finds
that
a
substitute
32
decision
maker
may
be
necessary
to
finalize
a
person’s
affairs
33
after
death
when
there
is
no
willing
and
appropriate
person
34
available
to
serve
as
the
person’s
personal
representative.
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2.
a.
It
is,
therefore,
the
intent
of
the
general
assembly
1
to
establish
a
state
office
of
substitute
decision
maker
public
2
guardian
and
authorize
the
establishment
of
local
offices
of
3
substitute
decision
maker
public
guardian
to
provide
substitute
4
decision-making
public
guardianship
services
to
adults
and
5
their
estates
after
their
deaths
,
when
no
private
substitute
6
decision
maker
guardian,
conservator,
or
representative
payee
7
is
available.
8
b.
It
is
also
the
intent
of
the
general
assembly
that
the
9
state
office
of
substitute
decision
maker
public
guardian
10
provide
assistance
to
both
public
and
private
substitute
11
decision
makers
guardians,
conservators,
and
representative
12
payees
throughout
the
state
in
securing
necessary
services
13
for
their
wards
,
principals,
and
clients,
and
decedents
and
14
to
assist
substitute
decision
makers
guardians,
conservators,
15
representative
payees
,
wards,
principals,
clients,
courts,
16
and
attorneys
in
the
orderly
and
expeditious
handling
of
17
substitute
decision-making
guardianship,
conservatorship,
and
18
representative
payee
proceedings.
19
Sec.
4.
Section
231E.3,
Code
2018,
is
amended
to
read
as
20
follows:
21
231E.3
Definitions.
22
As
used
in
this
chapter
,
unless
the
context
otherwise
23
requires:
24
1.
“Client”
means
an
individual
for
whom
a
representative
25
payee
is
appointed.
26
2.
“Commission”
means
the
commission
on
aging.
27
3.
“Conservator”
means
conservator
as
defined
in
section
28
633.3
.
29
4.
“Court”
means
court
as
defined
in
section
633.3
.
30
5.
“Decedent”
means
the
individual
for
whom
an
estate
is
31
administered
or
executed.
32
6.
“Department”
means
the
department
on
aging
established
33
in
section
231.21
.
34
7.
6.
“Director”
means
the
director
of
the
department
on
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aging.
1
8.
“Estate”
means
estate
as
defined
in
section
633.3
.
2
9.
7.
“Guardian”
means
guardian
as
defined
in
section
3
633.3
.
4
10.
8.
“Incompetent”
means
incompetent
as
defined
in
5
section
633.3
.
6
11.
9.
“Local
office”
means
a
local
office
of
substitute
7
decision
maker
public
guardian
.
8
12.
10.
“Local
substitute
decision
maker”
public
guardian”
9
means
an
individual
under
contract
with
the
department
to
10
act
as
a
substitute
decision
maker
guardian,
conservator,
or
11
representative
payee
.
12
13.
“Personal
representative”
means
personal
representative
13
as
defined
in
section
633.3
.
14
14.
“Planning
and
service
area”
means
a
geographic
area
15
of
the
state
designated
by
the
commission
for
the
purpose
of
16
planning,
developing,
delivering,
and
administering
services
17
for
elders.
18
15.
“Power
of
attorney”
means
a
durable
power
of
attorney
19
for
health
care
as
defined
in
section
144B.1
or
a
power
of
20
attorney
executed
pursuant
to
chapter
633B
.
21
16.
“Principal”
means
an
individual
for
whom
a
power
of
22
attorney
is
established.
23
11.
“Public
guardian”
means
the
state
public
guardian
or
a
24
local
public
guardian.
25
12.
“Public
guardianship
services”
means
guardianship,
26
conservatorship,
or
representative
payee
services
provided
by
27
the
state
public
guardian
or
a
local
public
guardian.
28
17.
13.
“Representative
payee”
means
an
individual
29
appointed
by
a
government
entity
to
receive
funds
on
behalf
of
30
a
client
pursuant
to
federal
regulation.
31
18.
14.
“State
agency”
means
any
executive
department,
32
commission,
board,
institution,
division,
bureau,
office,
33
agency,
or
other
executive
entity
of
state
government.
34
19.
15.
“State
office”
means
the
state
office
of
substitute
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decision
maker
public
guardian
.
1
20.
16.
“State
substitute
decision
maker”
public
guardian”
2
means
the
administrator
of
the
state
office
of
substitute
3
decision
maker
public
guardian
.
4
21.
“Substitute
decision
maker”
means
a
guardian,
5
conservator,
representative
payee,
attorney
in
fact
under
a
6
power
of
attorney,
or
personal
representative.
7
22.
“Substitute
decision
making”
or
“substitute
8
decision-making
services”
means
the
provision
of
services
of
a
9
guardian,
conservator,
representative
payee,
attorney
in
fact
10
under
a
power
of
attorney,
or
personal
representative.
11
23.
17.
“Ward”
means
the
individual
for
whom
a
guardianship
12
or
conservatorship
is
established.
13
Sec.
5.
Section
231E.4,
Code
2018,
is
amended
to
read
as
14
follows:
15
231E.4
State
office
of
substitute
decision
maker
public
16
guardian
——
established
——
duties
——
department
rules.
17
1.
A
state
office
of
substitute
decision
maker
public
18
guardian
is
established
within
the
department
to
create
and
19
administer
a
statewide
network
of
substitute
decision
makers
20
guardians,
conservators,
and
representative
payees
who
provide
21
substitute
decision-making
guardianship,
conservatorship,
or
22
representative
payee
services
if
other
substitute
decision
23
makers
guardians,
conservators,
or
representative
payees
are
24
not
available
to
provide
the
services.
25
2.
The
director
shall
appoint
an
administrator
of
the
26
state
office
who
shall
serve
as
the
state
substitute
decision
27
maker
public
guardian
.
The
state
substitute
decision
maker
28
public
guardian
shall
be
qualified
for
the
position
by
training
29
and
expertise
in
substitute
decision-making
guardianship,
30
conservatorship,
and
representative
payee
law
and
shall
31
be
licensed
to
practice
law
in
Iowa.
The
state
substitute
32
decision
maker
public
guardian
shall
also
have
knowledge
33
of
social
services
available
to
meet
the
needs
of
persons
34
adjudicated
incompetent
or
in
need
of
substitute
decision
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making
guardianship,
conservatorship,
or
representative
payee
1
services
.
2
3.
The
state
office
shall
do
all
of
the
following:
3
a.
Select
persons
through
a
request
for
proposals
process
4
to
establish
local
offices
of
substitute
decision
maker
in
5
each
of
the
planning
and
service
areas
public
guardian
.
Local
6
offices
shall
be
established
statewide
on
or
before
July
1,
7
2018
contingent
upon
the
appropriation
of
necessary
funds
to
8
the
department
as
determined
by
the
director
.
9
b.
Monitor
and
terminate
contracts
with
local
offices
based
10
on
criteria
established
by
rule
of
the
department.
11
c.
Retain
oversight
responsibilities
for
all
local
12
substitute
decision
makers
public
guardians
.
13
d.
Act
as
substitute
decision
maker
a
guardian,
conservator,
14
or
representative
payee
if
a
local
office
public
guardian
is
15
not
available
to
so
act.
16
e.
Work
with
the
department
of
human
services,
the
17
Iowa
department
of
public
health,
the
Iowa
developmental
18
disabilities
council,
and
other
agencies
to
establish
a
19
referral
system
for
the
provision
of
substitute
decision-making
20
guardianship,
conservatorship,
and
representative
payee
21
services.
22
f.
Develop
and
maintain
a
current
listing
of
public
and
23
private
services
and
programs
available
to
assist
wards
,
24
principals,
and
clients
,
personal
representatives
,
and
their
25
families
,
and
establish
and
maintain
relationships
with
public
26
and
private
entities
to
assure
the
availability
of
effective
27
substitute
decision-making
guardianship,
conservatorship,
28
and
representative
payee
services
for
wards
,
principals,
and
29
clients
,
and
estates
.
30
g.
Provide
information
and
referrals
to
the
public
regarding
31
substitute
decision-making
guardianship,
conservatorship,
and
32
representative
payee
services.
33
h.
Provide
personal
representatives
for
estates
where
a
34
person
is
not
available
for
that
purpose.
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i.
h.
Maintain
statistical
data
on
the
local
offices
1
including
various
methods
of
funding,
the
types
of
services
2
provided,
and
the
demographics
of
the
wards
,
principals,
and
3
clients,
and
decedents
and
report
to
the
general
assembly
on
or
4
before
November
1,
annually,
regarding
the
local
offices
and
5
recommend
any
appropriate
legislative
action.
6
j.
i.
Develop,
in
cooperation
with
the
judicial
council
as
7
established
in
section
602.1202
,
a
substitute
decision-maker
8
guardianship,
conservatorship,
and
representative
payee
9
education
and
training
program.
The
program
may
be
offered
to
10
both
public
and
private
substitute
decision
makers
guardians,
11
conservators,
and
representative
payees
.
The
state
office
12
shall
establish
a
curriculum
committee,
which
includes
but
is
13
not
limited
to
probate
judges,
to
develop
the
education
and
14
training
program.
The
state
office
shall
be
the
sole
authority
15
for
certifying
additional
curriculum
trainers.
16
4.
The
state
office
may
do
any
of
the
following:
17
a.
Accept
and
receive
gifts,
grants,
or
donations
from
any
18
public
or
private
entity
in
support
of
the
state
office.
Such
19
gifts,
grants,
or
donations
shall
be
appropriated
pursuant
to
20
section
231E.9
.
Notwithstanding
section
8.33
,
moneys
retained
21
by
the
department
pursuant
to
this
section
shall
not
be
subject
22
to
reversion
to
the
general
fund
of
the
state.
23
b.
Accept
the
services
of
individual
volunteers
24
and
volunteer
organizations.
Volunteers
and
volunteer
25
organizations
utilized
by
the
state
office
shall
not
26
provide
direct
substitute
decision-making
guardianship,
27
conservatorship,
or
representative
payee
services.
28
c.
Employ
staff
necessary
to
administer
the
state
office
and
29
enter
into
contracts
as
necessary.
30
5.
The
department
shall
provide
administrative
support
to
31
the
state
office.
32
6.
The
department
shall
adopt
rules
in
accordance
with
33
chapter
17A
necessary
to
create
and
administer
the
state
office
34
and
local
offices,
relating
to
but
not
limited
to
all
of
the
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following:
1
a.
An
application
and
intake
process
and
standards
2
for
receipt
of
substitute
decision-making
guardianship,
3
conservatorship,
or
representative
payee
services
from
the
4
state
office
or
a
local
office.
5
b.
A
process
for
the
removal
or
termination
of
the
state
6
public
guardian
or
a
local
substitute
decision
maker
public
7
guardian
.
8
c.
An
ideal
range
of
staff-to-client
ratios
for
the
state
9
public
guardian
and
local
substitute
decision
makers
public
10
guardians
.
11
d.
Minimum
training
and
experience
requirements
for
12
professional
staff
and
volunteers.
13
e.
A
fee
schedule.
The
department
may
establish
by
rule
14
a
schedule
of
reasonable
fees
for
the
costs
of
substitute
15
decision-making
public
guardianship
services
provided
under
16
this
chapter
.
The
fee
schedule
established
may
be
based
upon
17
the
ability
of
the
ward
,
principal,
or
client
,
or
estate
to
18
pay
for
the
services
but
shall
not
exceed
the
actual
cost
of
19
providing
the
services.
The
state
office
or
a
local
office
20
may
waive
collection
of
a
fee
upon
a
finding
that
collection
21
is
not
economically
feasible.
The
rules
may
provide
that
the
22
state
office
or
a
local
office
may
investigate
the
financial
23
status
of
a
ward
,
principal,
or
client
,
or
estate
that
requests
24
substitute
decision-making
guardianship,
conservatorship,
or
25
representative
payee
services
or
for
whom
or
which
the
state
26
public
guardian
or
a
local
substitute
decision
maker
public
27
guardian
has
been
appointed
for
the
purpose
of
determining
the
28
fee
to
be
charged
by
requiring
the
ward
,
principal,
or
client
,
29
or
estate
to
provide
any
written
authorizations
necessary
30
to
provide
access
to
records
of
public
or
private
sources,
31
otherwise
confidential,
needed
to
evaluate
the
individual’s
or
32
estate’s
financial
eligibility.
The
rules
may
also
provide
33
that
the
state
public
guardian
or
a
local
substitute
decision
34
maker
public
guardian
may,
upon
request
and
without
payment
of
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fees
otherwise
required
by
law,
obtain
information
necessary
1
to
evaluate
the
individual’s
or
estate’s
financial
eligibility
2
from
any
office
of
the
state
or
of
a
political
subdivision
3
or
agency
of
the
state
that
possesses
public
records.
In
4
estate
proceedings,
the
state
or
local
decision
maker
shall
be
5
compensated
pursuant
to
chapter
633,
division
III,
part
8
.
6
f.
Standards
and
performance
measures
for
evaluation
of
7
local
offices.
8
g.
Recordkeeping
and
accounting
procedures
to
ensure
that
9
the
state
office
and
local
offices
maintain
confidential,
10
accurate,
and
up-to-date
financial,
case,
and
statistical
11
records.
The
rules
shall
require
each
local
office
to
file
12
with
the
state
office,
on
an
annual
basis,
an
account
of
all
13
public
and
private
funds
received
and
a
report
regarding
the
14
operations
of
the
local
office
for
the
preceding
fiscal
year.
15
h.
Procedures
for
the
sharing
of
records
held
by
the
court
16
or
a
state
agency
with
the
state
office,
which
are
necessary
17
to
evaluate
the
state
office
or
local
offices,
to
assess
the
18
need
for
additional
substitute
decision
makers
guardians,
19
conservators,
or
representative
payees
,
or
to
develop
required
20
reports.
21
Sec.
6.
Section
231E.5,
Code
2018,
is
amended
to
read
as
22
follows:
23
231E.5
Local
office
of
substitute
decision
maker
public
24
guardian
——
requirements
for
state
and
local
substitute
decision
25
makers
public
guardians
.
26
1.
The
state
substitute
decision
maker
public
27
guardian
shall
select
persons
to
provide
local
substitute
28
decision-making
public
guardianship
services
in
each
of
the
29
planning
and
service
areas
,
based
upon
a
request
for
proposals
30
process
developed
by
the
department.
31
2.
The
A
local
office
shall
comply
with
all
requirements
32
established
for
the
local
office
by
the
department
and
shall
33
do
all
of
the
following:
34
a.
Maintain
a
staff
of
professionally
qualified
individuals
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to
carry
out
the
substitute
decision-making
guardian,
1
conservator,
and
representative
payee
functions.
2
b.
Identify
client
needs
and
local
resources
to
provide
3
necessary
support
services
to
recipients
of
substitute
4
decision-making
guardianship,
conservatorship,
and
5
representative
payee
services.
6
c.
Collect
program
data
as
required
by
the
state
office.
7
d.
Meet
standards
established
for
the
local
office.
8
e.
Comply
with
minimum
staffing
requirements
and
caseload
9
restrictions.
10
f.
Conduct
background
checks
on
employees
and
volunteers.
11
g.
With
regard
to
a
proposed
ward,
the
local
office
shall
12
do
all
of
the
following:
13
(1)
Determine
the
most
appropriate
form
of
substitute
14
decision
making
guardianship
or
conservatorship
services
15
needed,
if
any,
giving
preference
to
the
least
restrictive
16
alternative.
17
(2)
Determine
whether
the
needs
of
the
proposed
ward
require
18
the
appointment
of
a
guardian
or
conservator.
19
(3)
Assess
the
financial
resources
of
the
proposed
ward
20
based
on
the
information
supplied
to
the
local
office
at
the
21
time
of
the
determination.
22
(4)
Inquire
and,
if
appropriate,
search
to
determine
23
whether
any
other
person
may
be
willing
and
able
to
serve
as
24
the
proposed
ward’s
guardian
or
conservator.
25
(5)
Determine
the
form
of
guardianship
or
conservatorship
26
to
request
of
a
court,
if
any,
giving
preference
to
the
least
27
restrictive
form.
28
(6)
If
determined
necessary,
file
a
petition
for
the
29
appointment
of
a
guardian
or
conservator
pursuant
to
chapter
30
633
.
31
h.
With
regard
to
an
estate,
the
local
office
may
appoint
a
32
personal
representative
to
file
a
petition
to
open
an
estate
33
who
shall
do
all
of
the
following:
34
(1)
Retain
legal
counsel
as
described
in
section
231E.11
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to
be
compensated
from
the
proceeds
of
the
estate
pursuant
to
1
chapter
633,
division
III,
part
8
.
2
(2)
Liquidate
all
assets
of
the
estate.
3
(3)
Distribute
the
assets
of
the
estate
pursuant
to
4
chapter
633,
division
VII,
parts
7
and
8
,
and
other
applicable
5
provisions
of
law.
6
3.
A
local
office
may
do
any
of
the
following:
7
a.
Contract
for
or
arrange
for
provision
of
services
8
necessary
to
carry
out
the
duties
of
a
local
substitute
9
decision
maker
public
guardian
.
10
b.
Accept
the
services
of
volunteers
or
consultants
and
11
reimburse
them
for
necessary
expenses.
12
c.
Employ
staff
and
delegate
to
members
of
the
staff
the
13
powers
and
duties
of
the
local
substitute
decision
maker
14
public
guardian
.
However,
the
local
office
shall
retain
15
responsibility
for
the
proper
performance
of
the
delegated
16
powers
and
duties.
All
delegations
shall
be
to
persons
who
17
meet
the
eligibility
requirements
of
the
specific
type
of
18
substitute
decision
maker
public
guardian
.
19
4.
An
individual
acting
as
the
state
public
guardian
or
a
20
local
substitute
decision
maker
public
guardian
shall
comply
21
with
applicable
requirements
for
guardians
,
and
conservators
,
22
or
personal
representatives
pursuant
to
chapter
633
,
attorneys
23
in
fact
under
a
power
of
attorney
pursuant
to
chapter
633
or
a
24
durable
power
of
attorney
for
health
care
pursuant
to
chapter
25
144B
,
or
representative
payees
pursuant
to
federal
law
and
26
regulations.
27
5.
Notwithstanding
any
provision
to
the
contrary,
an
28
individual
acting
as
the
state
public
guardian
or
a
local
29
substitute
decision
maker
public
guardian
shall
not
be
30
subject
to
the
posting
of
a
bond
pursuant
to
chapter
633
.
An
31
individual
acting
as
the
state
public
guardian
or
a
local
32
substitute
decision
maker
public
guardian
shall
complete
at
33
least
eight
hours
of
training
annually
as
certified
by
the
34
department.
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Sec.
7.
Section
231E.6,
Code
2018,
is
amended
to
read
as
1
follows:
2
231E.6
Court-initiated
or
petition-initiated
appointment
3
of
state
or
local
substitute
decision
maker
public
guardian
——
4
guardianship
or
conservatorship
——
discharge.
5
1.
The
court
may
appoint
on
its
own
motion
or
upon
petition
6
of
any
person,
the
state
office
or
a
local
office
of
substitute
7
decision
maker
,
to
serve
as
guardian
or
conservator
for
any
8
proposed
ward
in
cases
in
which
the
court
determines
that
9
the
proceeding
will
establish
the
least
restrictive
form
of
10
substitute
decision
making
guardianship
or
conservatorship
11
services
suitable
for
the
proposed
ward
and
if
the
proposed
12
ward
meets
all
of
the
following
criteria:
13
a.
Is
a
resident
of
the
planning
and
service
area
in
which
14
the
local
office
is
located
from
which
services
would
be
15
provided
or
is
a
resident
of
the
state,
if
the
state
office
16
would
provide
the
services.
17
b.
Is
eighteen
years
of
age
or
older.
18
c.
Does
not
have
suitable
family
or
another
appropriate
19
entity
willing
and
able
to
serve
as
guardian
or
conservator.
20
d.
Is
incompetent.
21
e.
Is
an
individual
for
whom
guardianship
or
conservatorship
22
services
are
the
least
restrictive
means
of
meeting
the
23
individual’s
needs.
24
2.
For
all
appointments
made
pursuant
to
this
section
,
25
notice
shall
be
provided
to
the
state
office
or
local
office
26
of
substitute
decision
maker
prior
to
appointment.
For
27
appointments
made
pursuant
to
this
section
,
the
state
office
28
or
local
office
of
substitute
decision
maker
shall
only
accept
29
appointments
made
pursuant
to
the
filing
of
an
involuntary
30
petition
for
appointment
of
a
conservator
or
guardianship
31
pursuant
to
chapter
633
.
32
Sec.
8.
Section
231E.7,
Code
2018,
is
amended
to
read
as
33
follows:
34
231E.7
Substitute
decision
maker-initiated
Public
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guardian-initiated
appointment
——
interventions.
1
The
state
office
or
local
office
may
on
its
own
motion
or
2
at
the
request
of
the
court
intervene
in
a
guardianship
or
3
conservatorship
proceeding
if
the
state
office
or
local
office
4
or
the
court
considers
the
intervention
to
be
justified
because
5
of
any
of
the
following:
6
1.
An
appointed
guardian
or
conservator
is
not
fulfilling
7
prescribed
duties
or
is
subject
to
removal
under
section
8
633.65
.
9
2.
A
willing
and
qualified
guardian
or
conservator
is
not
10
available.
11
3.
The
best
interests
of
the
ward
require
the
intervention.
12
Sec.
9.
Section
231E.8,
Code
2018,
is
amended
to
read
as
13
follows:
14
231E.8
Provisions
applicable
to
all
appointments
and
15
designations
——
discharge.
16
1.
The
court
shall
only
appoint
or
intervene
on
its
own
17
motion
or
act
upon
the
petition
of
any
person
under
section
18
231E.6
or
231E.7
if
such
appointment
or
intervention
would
19
comply
with
staffing
ratios
established
by
the
department
and
20
if
sufficient
resources
are
available
to
the
state
office
or
21
local
office.
Notice
of
the
proposed
appointment
shall
be
22
provided
to
the
state
office
or
local
office
prior
to
the
23
granting
of
such
appointment.
24
2.
The
state
office
or
local
office
shall
maintain
25
reasonable
personal
contact
with
each
ward
,
principal,
or
26
client
for
whom
the
state
office
or
local
office
is
appointed
27
or
designated
in
order
to
monitor
the
ward’s
,
principal’s,
or
28
client’s
care
and
progress.
For
any
estates
in
which
the
state
29
office
or
local
office
is
involved,
the
state
office
or
local
30
office
shall
move
estate
proceedings
forward
in
a
reasonable
31
and
expeditious
manner
and
shall
monitor
the
progress
of
any
32
legal
counsel
retained
on
a
regular
basis.
33
3.
Notwithstanding
any
provision
of
law
to
the
contrary,
34
the
state
office
or
local
office
appointed
by
the
court
or
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designated
under
a
power
of
attorney
document
may
access
all
1
confidential
records
concerning
the
ward
or
principal
for
whom
2
the
state
office
or
local
office
is
appointed
or
designated,
3
including
medical
records
and
abuse
reports.
4
4.
In
any
proceeding
in
which
the
state
or
a
local
office
is
5
appointed
or
is
acting
as
guardian
or
conservator,
the
court
6
shall
waive
court
costs
or
filing
fees,
if
the
state
office
or
7
local
office
certifies
to
the
court
that
the
state
office
or
8
local
office
has
waived
its
fees
in
their
entirety
based
upon
9
the
ability
of
the
ward
to
pay
for
the
services
of
the
state
10
office
or
local
office.
In
any
estate
proceeding,
the
court
11
costs
shall
be
paid
in
accordance
with
chapter
633,
division
12
VII,
part
7
.
13
5.
The
state
public
guardian
or
a
local
substitute
decision
14
maker
public
guardian
shall
be
subject
to
discharge
or
removal,
15
by
the
court,
on
the
grounds
and
in
the
manner
in
which
other
16
guardians
,
or
conservators
,
or
personal
representatives
are
17
discharged
or
removed
pursuant
to
chapter
633
.
18
6.
The
state
public
guardian
or
a
local
substitute
decision
19
maker
public
guardian
may
petition
to
be
removed
as
guardian
20
or
conservator.
A
petition
for
removal
shall
be
granted
for
21
any
of
the
following
reasons:
22
a.
The
ward
displays
assaultive
or
aggressive
behavior
that
23
causes
the
substitute
decision
maker
public
guardian
to
fear
24
for
their
personal
safety.
25
b.
The
ward
refuses
the
services
of
the
substitute
decision
26
maker
public
guardian
.
27
c.
The
ward
refuses
to
have
contact
with
the
substitute
28
decision
maker
public
guardian
.
29
d.
The
ward
moves
out
of
Iowa.
30
7.
An
appointment
nominating
the
state
office
or
a
local
31
office
under
a
power
of
attorney
shall
not
take
effect
unless
32
the
nominated
state
or
local
office
has
consented
to
the
33
appointment
in
writing.
34
Sec.
10.
Section
231E.9,
Code
2018,
is
amended
to
read
as
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follows:
1
231E.9
Fees
——
appropriated.
2
Fees
received
by
the
state
office
and
by
local
offices
3
for
services
provided
as
the
state
public
guardian
or
as
a
4
local
substitute
decision
maker
public
guardian
shall
be
5
deposited
in
the
general
fund
of
the
state
and
the
amounts
6
received
are
appropriated
to
the
department
for
the
purposes
7
of
administering
this
chapter
.
8
Sec.
11.
Section
231E.10,
Code
2018,
is
amended
to
read
as
9
follows:
10
231E.10
Conflicts
of
interest
——
limitations.
11
Notwithstanding
section
633.63
or
any
other
provision
to
the
12
contrary,
a
local
substitute
decision
maker
public
guardian
13
shall
not
provide
direct
services
to
or
have
an
actual
or
14
the
appearance
of
any
conflict
of
interest
relating
to
any
15
individual
for
whom
the
local
substitute
decision
maker
public
16
guardian
acts
in
a
substitute
decision-making
the
capacity
of
17
a
guardian,
conservator,
or
representative
payee,
unless
such
18
provision
of
direct
services
or
the
appearance
of
a
conflict
19
of
interest
is
approved
and
monitored
by
the
state
office
in
20
accordance
with
rules
adopted
by
the
department.
21
Sec.
12.
Section
231E.11,
subsection
3,
Code
2018,
is
22
amended
to
read
as
follows:
23
3.
A
Notwithstanding
section
13.7,
the
state
public
24
guardian
or
a
local
public
guardian
may
retain
a
local
attorney
25
to
represent
the
state
office
or
a
local
office
in
legal
26
proceedings.
A
local
attorney
retained
under
this
subsection
27
shall
be
experienced
in
probate
matters
may
represent
the
28
personal
representative
for
all
routine
matters
associated
with
29
probating
an
estate
.
30
Sec.
13.
Section
235B.6,
subsection
2,
paragraph
e,
31
subparagraph
(11),
Code
2018,
is
amended
to
read
as
follows:
32
(11)
The
state
office
or
a
local
office
of
substitute
33
decision
maker
public
guardian
as
defined
in
section
231E.3
,
34
if
the
information
relates
to
the
provision
of
legal
services
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_____
for
a
client
served
by
the
state
or
local
office
of
substitute
1
decision
maker
public
guardian
.
2
Sec.
14.
Section
633.63,
subsection
4,
Code
2018,
is
amended
3
to
read
as
follows:
4
4.
The
state
public
guardian
or
a
local
substitute
5
decision
maker
public
guardian
as
defined
in
section
231E.3
6
is
authorized
to
act
in
a
fiduciary
capacity
in
this
state
in
7
accordance
with
chapter
231E
.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
substitute
decision
maker
Act
(Code
12
chapter
231E)
by
changing
references
relative
to
the
state
13
and
local
offices
of
substitute
decision
maker
and
substitute
14
decision-making
services,
and
to
instead
refer
to
these
offices
15
and
services
in
terms
of
the
state
and
local
offices
of
public
16
guardian
and
public
guardianship
services.
17
The
bill
eliminates
as
services
provided
by
the
state
and
18
local
offices
of
public
guardian,
services
provided
by
an
19
attorney
in
fact
under
a
durable
power
of
attorney
for
health
20
care
pursuant
to
Code
chapter
144B,
an
agent
under
a
power
21
of
attorney
executed
pursuant
to
Code
chapter
633B,
and
a
22
personal
representative
(an
executor
or
administrator)
under
23
Code
chapter
633
relating
to
the
opening
and
administering
of
24
an
estate.
Under
the
bill,
the
remaining
services
provided
by
25
a
public
guardian
are
conservator,
guardian,
and
representative
26
payee
services.
27
The
bill
requires
that
local
offices
of
public
guardian
be
28
established
by
the
state
office
of
public
guardian,
contingent
29
upon
an
appropriation
to
the
department
on
aging
of
necessary
30
funds
as
determined
by
the
director
of
the
department
on
aging.
31
The
bill
makes
additional
conforming
changes
in
the
Code
to
32
reflect
the
changes
in
terminology
and
the
services
provided.
33
-15-
LSB
5254XD
(13)
87
pf/rh
15/
15
