Bill Text: IA SF424 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the opening of guardianships for adults and conservatorships for adults and minors and the administration of guardianships and conservatorships. (Formerly SSB 1018.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-10 - Withdrawn. S.J. 925. [SF424 Detail]
Download: Iowa-2019-SF424-Introduced.html
Senate
File
424
-
Introduced
SENATE
FILE
424
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1018)
A
BILL
FOR
An
Act
relating
to
the
opening
of
guardianships
for
adults
1
and
conservatorships
for
adults
and
minors
and
the
2
administration
of
guardianships
and
conservatorships.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
48A.2,
subsection
4,
Code
2019,
is
1
amended
to
read
as
follows:
2
4.
“Person
who
is
incompetent
to
vote”
means
a
person
with
an
3
intellectual
disability
who
has
been
found
to
lack
the
mental
4
capacity
to
vote
in
a
proceeding
held
pursuant
to
section
5
633.556
633.552
.
6
Sec.
2.
Section
229.27,
subsection
3,
unnumbered
paragraph
7
1,
Code
2019,
is
amended
to
read
as
follows:
8
A
hearing
limited
to
the
question
of
the
person’s
competence
9
and
conducted
in
substantially
the
manner
prescribed
in
10
sections
633.552
,
to
633.556
,
633.558,
and
633.560
shall
be
11
held
when:
12
Sec.
3.
Section
235B.18,
subsections
4
and
5,
Code
2019,
are
13
amended
to
read
as
follows:
14
4.
If,
at
the
hearing,
the
judge
finds
by
clear
and
15
convincing
evidence
that
the
dependent
adult
is
in
need
of
16
protective
services
and
lacks
the
capacity
to
consent
to
the
17
receipt
of
protective
services,
the
judge
may
issue
an
order
18
authorizing
the
provision
of
protective
services.
The
order
19
may
include
the
designation
of
a
person
to
be
responsible
for
20
performing
or
obtaining
protective
services
on
behalf
of
the
21
dependent
adult
or
otherwise
consenting
to
the
receipt
of
22
protective
services
on
behalf
of
the
dependent
adult.
Within
23
sixty
days
of
the
appointment
of
such
a
person
the
court
24
shall
conduct
a
review
to
determine
if
a
petition
shall
be
25
initiated
in
accordance
with
section
633.552
633.556
for
good
26
cause
shown.
The
court
may
extend
the
sixty-day
period
for
27
an
additional
sixty
days,
at
the
end
of
which
the
court
shall
28
conduct
a
review
to
determine
if
a
petition
shall
be
initiated
29
in
accordance
with
section
633.552
633.556
.
A
dependent
adult
30
shall
not
be
committed
to
a
mental
health
facility
under
this
31
section
.
32
5.
A
determination
by
the
court
that
a
dependent
adult
lacks
33
the
capacity
to
consent
to
the
receipt
of
protective
services
34
under
this
chapter
shall
not
affect
incompetency
proceedings
35
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under
sections
633.552
,
through
633.556
,
633.558,
and
633.560
1
or
any
other
proceedings,
and
incompetency
proceedings
under
2
sections
633.552
,
through
633.556
,
633.558,
and
633.560
shall
3
not
have
a
conclusive
effect
on
the
question
of
capacity
to
4
consent
to
the
receipt
of
protective
services
under
this
5
chapter
.
A
person
previously
adjudicated
as
incompetent
under
6
the
relevant
provisions
of
chapter
633
is
entitled
to
the
care,
7
protection,
and
services
under
this
chapter
.
8
Sec.
4.
Section
235B.19,
subsection
5,
paragraph
a,
9
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
10
follows:
11
Notwithstanding
sections
633.552
633.556
and
633.573
12
633.569
,
upon
a
finding
that
there
is
probable
cause
to
believe
13
that
the
dependent
adult
abuse
presents
an
immediate
danger
to
14
the
health
or
safety
of
the
dependent
adult
or
is
producing
15
irreparable
harm
to
the
physical
or
financial
resources
or
16
property
of
the
dependent
adult,
and
that
the
dependent
adult
17
lacks
capacity
to
consent
to
the
receipt
of
services,
the
court
18
may
order
the
appointment
of
a
temporary
guardian
or
temporary
19
conservator
without
notice
to
the
dependent
adult
or
the
20
dependent
adult’s
attorney
if
all
of
the
following
conditions
21
are
met:
22
Sec.
5.
Section
622.10,
subsection
3,
paragraph
f,
Code
23
2019,
is
amended
to
read
as
follows:
24
f.
The
provisions
of
this
subsection
do
not
apply
to
actions
25
or
claims
brought
pursuant
to
chapter
85
,
85A
,
or
85B
,
or
to
26
court
orders
issued
pursuant
to
section
633.552
.
27
Sec.
6.
Section
633.3,
Code
2019,
is
amended
by
adding
the
28
following
new
subsections:
29
NEW
SUBSECTION
.
1A.
Assistance
animal
——
means
an
animal
30
that
qualifies
as
a
reasonable
accommodation
under
the
federal
31
Fair
Housing
Act,
42
U.S.C.
§3601
et
seq.,
as
amended,
or
32
section
504
of
the
federal
Rehabilitation
Act
of
1973,
29
33
U.S.C.
§794,
as
amended.
34
NEW
SUBSECTION
.
1B.
Assistive
animal
——
means
the
same
as
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defined
in
section
216C.11,
subsection
1.
1
NEW
SUBSECTION
.
27A.
Limited
guardianship
——
means
a
2
guardianship
that
grants
the
guardian
less
than
all
powers
3
available
under
this
chapter
or
otherwise
restricts
the
powers
4
of
the
guardian.
5
NEW
SUBSECTION
.
32A.
Protected
person
——
means
a
person
6
subject
to
guardianship
or
a
person
subject
to
conservatorship,
7
or
both.
8
NEW
SUBSECTION
.
32B.
Respondent
——
means
a
person
who
9
is
alleged
to
be
a
person
in
need
of
a
guardianship
or
10
conservatorship,
or
both.
11
NEW
SUBSECTION
.
32C.
Service
animal
——
means
a
dog
or
12
miniature
horse
as
set
forth
in
the
implementing
regulations
13
of
Title
II
and
Title
III
of
the
federal
Americans
with
14
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
seq.
15
Sec.
7.
Section
633.174,
Code
2019,
is
amended
to
read
as
16
follows:
17
633.174
Guardians
and
conservators
——
bond.
18
1.
When
the
guardian
appointed
for
a
person
is
not
the
19
conservator
of
the
property
of
that
person,
no
bond
shall
be
20
required
of
the
guardian,
unless
the
court
for
good
cause
finds
21
it
proper
to
require
one.
If
no
bond
is
initially
required,
22
the
court
may,
nevertheless,
for
good
cause,
at
any
subsequent
23
time,
require
that
a
bond
be
given.
24
2.
Every
conservator
shall
execute
and
file
with
the
clerk
25
a
bond
with
sufficient
surety
or
sureties
except
as
provided
26
in
section
633.175.
27
Sec.
8.
Section
633.175,
Code
2019,
is
amended
to
read
as
28
follows:
29
633.175
Waiver
of
bond
by
court.
30
1.
The
court,
for
good
cause
shown,
may
exempt
any
fiduciary
31
from
giving
bond,
if
the
court
finds
that
the
interests
of
32
creditors
and
distributees
will
not
thereby
be
prejudiced.
33
2.
However,
the
court,
except
as
provided
in
section
34
633.172,
subsection
2
,
shall
not
exempt
a
conservator
,
other
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than
a
financial
institution
with
Iowa
trust
powers,
from
1
giving
bond
in
a
conservatorship
with
total
assets
of
more
than
2
twenty-five
thousand
dollars,
excluding
real
property,
unless
3
it
is
a
voluntary
conservatorship
in
which
the
petitioner
is
4
eighteen
years
of
age
or
older
and
has
waived
bond
in
the
5
petition
unless
the
court
finds
that
there
is
an
alternative
to
6
a
bond
that
will
provide
sufficient
protection
to
the
assets
7
of
the
protected
person
.
The
conservator
shall
submit
a
plan
8
for
any
proposed
alternative
to
a
bond
for
review
and
approval
9
by
the
court.
10
Sec.
9.
Section
633.551,
Code
2019,
is
amended
to
read
as
11
follows:
12
633.551
Guardianships
and
conservatorships
——
general
General
13
provisions.
14
1.
The
determination
of
incompetency
of
the
proposed
ward
or
15
ward
and
the
determination
of
the
need
for
the
appointment
of
a
16
guardian
or
conservator
or
of
the
modification
or
termination
17
of
a
guardianship
or
conservatorship
adult
respondent
to
a
18
petition
for
guardianship
or
conservatorship
or
an
adult
19
subject
to
guardianship
or
conservatorship
shall
be
supported
20
by
clear
and
convincing
evidence.
21
2.
The
burden
of
persuasion
is
on
the
petitioner
in
an
22
initial
proceeding
to
appoint
a
guardian
or
conservator.
23
In
a
proceeding
to
modify
or
terminate
a
guardianship
or
24
conservatorship,
if
the
guardian
or
conservator
is
the
25
petitioner,
the
burden
of
persuasion
remains
with
the
guardian
26
or
conservator.
In
a
proceeding
to
terminate
a
guardianship
27
or
conservatorship,
if
the
ward
protected
person
is
the
28
petitioner,
the
ward
protected
person
shall
make
a
prima
facie
29
showing
of
some
decision-making
capacity.
Once
a
prima
facie
30
showing
is
made,
the
burden
of
persuasion
is
on
the
guardian
or
31
conservator
to
show
by
clear
and
convincing
evidence
that
the
32
ward
protected
person
is
incompetent.
33
3.
In
determining
whether
a
guardianship
or
conservatorship
34
is
to
be
established,
modified,
or
terminated,
the
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district
court
shall
consider
if
a
limited
guardianship
or
1
conservatorship
pursuant
to
section
633.635
or
633.637
is
2
appropriate.
In
making
the
determination,
the
court
shall
3
make
findings
of
fact
to
support
the
powers
conferred
on
the
4
guardian
or
conservator.
5
4.
In
proceedings
to
establish,
modify,
or
terminate
a
6
guardianship
or
conservatorship,
in
determining
if
the
proposed
7
ward
or
ward
respondent
or
protected
person
is
incompetent
as
8
defined
in
section
633.3
,
the
court
shall
consider
credible
9
evidence
from
any
source
to
the
effect
of
third-party
10
assistance
in
meeting
the
needs
of
the
proposed
ward
or
ward
11
as
to
whether
there
are
other
less
restrictive
alternatives,
12
including
third-party
assistance,
that
would
meet
the
needs
of
13
the
respondent
or
the
protected
person
.
However,
neither
party
14
to
the
action
shall
have
the
burden
to
produce
such
evidence
15
relating
to
other
less
restrictive
alternatives,
including
but
16
not
limited
to
third-party
assistance.
17
5.
Except
as
otherwise
provided
in
sections
633.672
18
and
633.673
,
in
proceedings
to
establish
a
guardianship
or
19
conservatorship,
the
costs,
including
attorney
fees
,
court
20
visitor
fees,
and
expert
witness
fees,
shall
be
assessed
21
against
the
ward
or
the
ward’s
respondent
or
the
respondent’s
22
estate
unless
the
proceeding
is
dismissed
either
voluntarily
23
or
involuntarily,
in
which
case
fees
and
costs
may
be
assessed
24
against
the
petitioner
for
good
cause
shown.
25
6.
Except
as
otherwise
provided
in
this
subchapter,
the
26
rules
of
civil
procedure
shall
govern
proceedings
to
establish,
27
modify,
or
terminate
a
guardianship
or
conservatorship.
28
Sec.
10.
NEW
SECTION
.
633.552
Basis
for
appointment
of
29
guardian
for
an
adult.
30
1.
On
petition
and
after
notice
and
hearing,
the
court
may
31
appoint
a
guardian
for
an
adult
if
the
court
finds
by
clear
and
32
convincing
evidence
that
all
of
the
following
are
true:
33
a.
The
decision-making
capacity
of
the
respondent
is
34
so
impaired
that
the
respondent
is
unable
to
care
for
the
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respondent’s
safety,
or
to
provide
for
necessities
such
as
1
food,
shelter,
clothing,
or
medical
care
without
which
physical
2
injury
or
illness
may
occur.
3
b.
The
appointment
of
a
guardian
is
in
the
best
interest
of
4
the
respondent.
5
2.
Section
633.551
applies
to
the
appointment
of
a
guardian
6
under
subsection
1.
7
3.
If
the
court
appoints
a
guardian
based
upon
the
mental
8
incapacity
of
the
protected
person
because
the
protected
9
person
has
an
intellectual
disability,
as
defined
in
section
10
4.1,
the
court
shall
make
a
separate
determination
as
to
the
11
protected
person’s
competency
to
vote.
The
court
shall
find
12
a
protected
person
incompetent
to
vote
only
upon
determining
13
that
the
person
lacks
sufficient
mental
capacity
to
comprehend
14
and
exercise
the
right
to
vote.
15
Sec.
11.
NEW
SECTION
.
633.553
Basis
for
appointment
of
16
conservator
for
an
adult.
17
1.
On
petition
and
after
notice
and
hearing,
the
court
may
18
appoint
a
conservator
for
an
adult
if
the
court
finds
by
clear
19
and
convincing
evidence
that
both
of
the
following
are
true:
20
a.
The
decision-making
capacity
of
the
respondent
is
so
21
impaired
that
the
respondent
is
unable
to
make,
communicate,
22
or
carry
out
important
decisions
concerning
the
respondent’s
23
financial
affairs.
24
b.
The
appointment
of
a
conservator
is
in
the
best
interest
25
of
the
respondent.
26
2.
Section
633.551
applies
to
the
appointment
of
a
27
conservatorship
under
subsection
1.
28
Sec.
12.
NEW
SECTION
.
633.554
Basis
for
appointment
of
29
conservator
for
a
minor.
30
On
petition
and
after
notice,
the
court
may
appoint
a
31
conservator
for
a
minor
if
the
court
finds
by
a
preponderance
32
of
the
evidence
that
the
appointment
is
in
the
best
interest
of
33
the
minor
and
any
of
the
following
is
true:
34
1.
The
minor
has
funds
or
other
property
requiring
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management
or
protection
that
otherwise
cannot
be
provided.
1
2.
The
minor
has
or
may
have
financial
affairs
that
may
be
2
put
at
unreasonable
risk
or
hindered
because
of
the
minor’s
3
age.
4
3.
A
conservator
is
needed
to
obtain
or
provide
funds
or
5
other
property.
6
Sec.
13.
NEW
SECTION
.
633.556
Petition
for
appointment
of
7
guardian
or
conservator
for
an
adult.
8
1.
A
formal
judicial
proceeding
to
determine
whether
9
to
appoint
a
guardian
or
conservator
for
an
adult
shall
be
10
initiated
by
the
filing
of
a
verified
petition
by
a
person
with
11
an
interest
in
the
welfare
of
the
adult,
which
may
include
the
12
adult
who
is
the
subject
of
the
petition.
13
2.
The
petition
shall
contain
a
concise
statement
of
the
14
factual
basis
for
the
petition.
15
3.
The
petition
shall
contain
a
concise
statement
of
why
16
there
is
no
less
restrictive
alternative
to
the
appointment
of
17
a
guardian
or
a
conservator.
18
4.
The
petition
shall
list
the
name
and
address
of
the
19
petitioner
and
the
petitioner’s
relationship
to
the
respondent.
20
5.
The
petition
shall
list
the
name
and
address,
to
the
21
extent
known,
of
the
following:
22
a.
The
name
and
address
of
the
proposed
guardian
and
the
23
reason
the
proposed
guardian
should
be
selected.
24
b.
Any
spouse
of
the
respondent.
25
c.
Any
adult
children
of
the
respondent.
26
d.
Any
parents
of
the
respondent.
27
e.
Any
adult,
who
has
had
the
primary
care
of
the
respondent
28
or
with
whom
the
respondent
has
lived
for
at
least
six
months
29
prior
to
the
filing
of
the
petition,
or
any
institution
or
30
facility
where
the
respondent
has
resided
for
at
least
six
31
months
prior
to
the
filing
of
the
petition.
32
f.
Any
legal
representative
or
representative
payee
of
the
33
respondent.
34
g.
Any
person
designated
as
an
attorney
in
fact
in
a
durable
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power
of
attorney
for
health
care
which
is
valid
under
chapter
1
144B,
or
any
person
designated
as
an
agent
in
a
durable
power
2
of
attorney
which
is
valid
under
chapter
633B.
3
6.
Any
additional
persons
who
may
have
an
interest
in
4
the
proceeding
may
be
listed
in
an
affidavit
attached
to
the
5
petition.
6
7.
If
the
petition
requests
the
appointment
of
a
7
conservator,
the
petition
shall
state
the
estimated
present
8
value
of
the
real
estate
owned
or
to
be
owned
by
the
9
respondent,
the
estimated
value
of
the
personal
property
owned
10
or
to
be
owned
by
the
respondent,
and
the
estimated
gross
11
annual
income
of
the
respondent.
12
8.
Any
additional
information
relevant
to
the
proceeding
13
may
be
included
in
an
affidavit
attached
to
the
petition.
14
Sec.
14.
NEW
SECTION
.
633.557
Petition
for
appointment
of
a
15
conservator
for
a
minor.
16
1.
A
formal
judicial
proceeding
to
determine
whether
to
17
appoint
a
conservator
for
a
minor
shall
be
initiated
by
the
18
filing
of
a
verified
petition
by
a
person
with
an
interest
in
19
the
welfare
of
the
minor.
20
2.
The
petition
shall
contain
a
concise
statement
of
the
21
factual
basis
for
the
petition.
22
3.
The
petition
shall
state
the
following
to
the
extent
23
known:
24
a.
The
name,
age,
and
address
of
the
minor.
25
b.
The
name
and
address
of
the
petitioner
and
the
26
petitioner’s
relationship
to
the
minor.
27
c.
The
name
and
address
of
the
proposed
conservator
and
the
28
reason
the
proposed
conservator
should
be
selected.
29
d.
If
the
petitioner,
or
the
proposed
conservator,
is
not
30
the
parent
or
parents
having
legal
custody
of
the
minor,
the
31
name
and
address,
to
the
extent
known,
of
the
following:
32
(1)
The
parent
or
parents
having
legal
custody
of
the
minor.
33
(2)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
34
with
whom
the
minor
has
lived
for
at
least
six
months
prior
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to
the
filing
of
the
petition,
or
any
institution
or
facility
1
where
the
minor
has
resided
for
at
least
six
months
prior
to
2
the
filing
of
the
petition.
3
Sec.
15.
NEW
SECTION
.
633.558
Notice
to
adult
respondent.
4
1.
The
filing
of
a
petition
filed
pursuant
to
section
5
633.556
shall
be
served
upon
the
adult
respondent
in
the
6
manner
of
an
original
notice
in
accordance
with
rule
of
7
civil
procedure
1.305
governing
such
notice.
Notice
to
the
8
attorney
representing
the
respondent,
if
any,
is
notice
to
the
9
respondent.
10
2.
Notice
shall
be
served
upon
other
known
persons
listed
in
11
the
petition
in
the
manner
prescribed
by
the
court,
which
may
12
be
notice
by
mail
in
accordance
with
rule
of
civil
procedure
13
1.308(5).
Failure
of
such
persons
to
receive
actual
notice
14
does
not
constitute
a
jurisdictional
defect
precluding
the
15
appointment
of
a
guardian
or
conservator
by
the
court.
16
3.
Notice
of
the
filing
of
a
petition
given
to
persons
under
17
subsections
2
and
3
shall
include
a
statement
that
such
persons
18
may
register
to
receive
notice
of
the
hearing
on
the
petition
19
and
other
proceedings
and
the
manner
of
such
registration.
20
Sec.
16.
NEW
SECTION
.
633.559
Notice
to
minor
respondent.
21
1.
The
filing
of
a
petition
pursuant
to
section
633.557
22
shall
be
served
upon
a
minor
respondent
in
the
manner
of
an
23
original
notice
in
accordance
with
rule
of
civil
procedure
24
1.305(2)
governing
such
notice.
Notice
to
the
attorney
25
representing
the
minor,
if
any,
is
notice
to
the
minor.
26
2.
Notice
shall
also
be
served
upon
the
known
parent
or
27
parents
listed
in
the
petition
in
accordance
with
rule
of
civil
28
procedure
1.305.
29
3.
Notice
shall
be
served
upon
other
known
persons
listed
in
30
the
petition
in
the
manner
prescribed
by
the
court,
which
may
31
be
notice
by
mail
in
accordance
with
rule
of
civil
procedure
32
1.308(5).
Failure
of
such
persons
to
receive
actual
notice
33
does
not
constitute
a
jurisdictional
defect
precluding
the
34
appointment
of
a
conservator
by
the
court.
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4.
Notice
of
the
filing
of
a
petition
given
to
persons
1
under
subsections
2
and
3
shall
include
a
statement
that
the
2
recipient
of
the
notice
may
register
to
receive
notice
of
the
3
hearing
on
the
petition
and
other
proceedings
and
the
manner
of
4
such
registration.
5
Sec.
17.
NEW
SECTION
.
633.560
Hearing.
6
1.
The
court
shall
fix
the
time
and
place
of
hearing
on
a
7
petition
and
shall
prescribe
a
time
not
less
than
twenty
days
8
after
the
date
the
notice
is
served
unless
the
court
finds
9
there
is
good
cause
shown
to
shorten
the
time
period
to
less
10
than
twenty
days
pursuant
to
section
633.40.
The
court
shall
11
also
prescribe
the
manner
of
service
of
the
notice
of
such
12
hearing
pursuant
to
section
633.40.
13
2.
The
respondent
shall
be
entitled
to
attend
the
hearing
on
14
the
petition
and
all
other
proceedings.
The
court
shall
make
15
reasonable
accommodations
to
enable
the
respondent
to
attend
16
the
hearing
and
all
other
proceedings.
The
court
may
waive
the
17
respondent’s
attendance
for
good
cause
shown.
The
court
shall
18
make
a
record
of
the
reason
for
a
respondent’s
nonattendance.
19
3.
The
court
shall
require
the
proposed
guardian
or
20
conservator
to
attend
the
hearing
on
the
petition
but
the
court
21
may
excuse
the
proposed
guardian’s
attendance
for
good
cause
22
shown.
23
4.
The
court
shall
require
the
court
visitor
as
described
in
24
section
633.562,
if
any,
to
attend
the
hearing
but
the
court
25
may
excuse
the
court
visitor’s
attendance
for
good
cause
shown.
26
5.
Any
person
with
an
interest
in
the
welfare
of
the
27
respondent
may
submit
a
written
application
to
the
court
28
requesting
permission
to
participate
in
the
hearing
on
the
29
petition
and
other
proceedings.
The
court
may
grant
the
30
request
if
the
court
finds
that
the
person’s
participation
is
31
in
the
best
interest
of
the
respondent.
The
court
may
impose
32
appropriate
conditions
on
the
person’s
participation.
33
6.
A
complete
record
of
the
hearing
shall
be
made.
34
Sec.
18.
Section
633.560,
Code
2019,
is
amended
to
read
as
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follows:
1
633.560
Appointment
of
guardian
for
an
adult
on
a
standby
2
basis.
3
A
petition
for
the
appointment
of
a
guardian
for
an
adult
4
on
a
standby
basis
may
be
filed
by
any
person
under
the
same
5
procedure
and
requirements
as
provided
in
sections
633.591
6
to
633.597
,
for
appointment
of
standby
conservator,
insofar
7
as
applicable.
In
all
proceedings
to
appoint
a
guardian,
8
the
court
shall
consider
whether
a
limited
guardianship,
as
9
authorized
in
section
633.635
,
is
appropriate.
10
Sec.
19.
Section
633.561,
Code
2019,
is
amended
to
read
as
11
follows:
12
633.561
Representation
Appointment
and
role
of
attorney
for
13
respondent
.
14
1.
In
a
proceeding
for
the
appointment
of
a
guardian
or
15
conservator
for
an
adult
or
a
conservator
for
a
minor
:
16
a.
If
the
proposed
ward
respondent
is
an
adult
and
is
17
not
the
petitioner,
the
proposed
ward
respondent
is
entitled
18
to
representation
by
an
attorney
.
Upon
the
filing
of
the
19
petition,
the
court
shall
appoint
an
attorney
to
represent
the
20
proposed
ward
respondent
,
set
a
hearing
on
the
petition,
and
21
provide
for
notice
of
the
appointment
of
counsel
and
the
date
22
for
hearing.
23
b.
If
the
proposed
ward
respondent
is
either
a
minor
or
24
an
adult
under
a
standby
petition,
the
court
shall
determine
25
whether,
under
the
circumstances
of
the
case,
the
proposed
ward
26
respondent
is
entitled
to
representation.
The
determination
27
regarding
representation
may
be
made
with
or
without
notice
to
28
the
proposed
ward
respondent
,
as
the
court
deems
necessary.
29
If
the
court
determines
that
the
proposed
ward
respondent
30
is
entitled
to
representation,
the
court
shall
appoint
an
31
attorney
to
represent
the
proposed
ward
respondent
.
After
32
making
the
determination
regarding
representation,
the
court
33
shall
set
a
hearing
on
the
petition,
and
provide
for
notice
on
34
the
determination
regarding
representation
and
the
date
for
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hearing.
1
c.
The
court
may
take
action
under
paragraph
“a”
or
“b”
2
prior
to
the
service
of
the
original
notice
upon
the
proposed
3
ward
respondent
.
4
d.
The
court
may
reconsider
the
determination
regarding
5
representation
upon
application
by
any
interested
person.
6
e.
The
court
may
discharge
the
attorney
appointed
by
the
7
court
if
it
appears
upon
the
application
of
the
proposed
8
ward
respondent
or
any
other
interested
person
that
the
ward
9
respondent
has
privately
retained
an
attorney
who
has
filed
an
10
appearance
on
behalf
of
the
proposed
ward
respondent
.
11
2.
The
court
shall
ensure
that
all
proposed
wards
12
respondents
entitled
to
representation
have
been
provided
13
with
notice
of
the
right
to
representation
and
right
to
be
14
personally
present
at
all
proceedings
and
shall
make
findings
15
of
fact
in
any
order
of
disposition
setting
out
the
manner
in
16
which
notification
was
provided.
17
3.
If
the
proposed
ward
respondent
is
entitled
to
18
representation
and
is
indigent
or
incapable
of
requesting
19
counsel,
the
court
shall
appoint
an
attorney
to
represent
the
20
proposed
ward
respondent
.
The
cost
of
court
appointed
counsel
21
for
indigents
shall
be
assessed
against
the
county
in
which
the
22
proceedings
are
pending.
For
the
purposes
of
this
subsection
,
23
the
court
shall
find
a
person
is
indigent
if
the
person’s
24
income
and
resources
do
not
exceed
one
hundred
fifty
percent
of
25
the
federal
poverty
level
or
the
person
would
be
unable
to
pay
26
such
costs
without
prejudicing
the
person’s
financial
ability
27
to
provide
economic
necessities
for
the
person
or
the
person’s
28
dependents.
29
4.
An
attorney
appointed
pursuant
to
this
section
shall:
30
a.
Ensure
that
the
proposed
ward
respondent
has
been
31
properly
advised
of
the
nature
and
purpose
of
the
proceeding.
32
b.
Advocate
for
the
wishes
of
the
respondent
to
the
extent
33
those
wishes
are
reasonably
ascertainable.
If
the
respondent’s
34
wishes
are
not
reasonably
ascertainable,
the
attorney
shall
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advocate
for
the
least
restrictive
alternative
consistent
with
1
the
respondent’s
best
interests.
2
b.
c.
Ensure
that
the
proposed
ward
respondent
has
been
3
properly
advised
of
the
ward’s
respondent’s
rights
in
a
4
guardianship
proceeding.
5
c.
d.
Personally
interview
the
proposed
ward
respondent
.
6
d.
e.
File
a
written
report
stating
whether
there
is
a
7
return
on
file
showing
that
proper
service
on
the
proposed
8
ward
respondent
has
been
made
and
also
stating
that
specific
9
compliance
with
paragraphs
“a”
through
“c”
“d”
has
been
made
10
or
stating
the
inability
to
comply
by
reason
of
the
proposed
11
ward’s
respondent’s
condition.
12
e.
Represent
the
proposed
ward.
13
f.
Ensure
that
the
guardianship
procedures
conform
to
the
14
statutory
and
due
process
requirements
of
Iowa
law.
15
5.
In
the
event
that
an
order
of
appointment
is
entered,
16
the
attorney
appointed
pursuant
to
this
section
,
to
the
extent
17
possible,
shall:
18
a.
Inform
the
proposed
ward
respondent
of
the
effects
of
the
19
order
entered
for
appointment
of
guardian.
20
b.
Advise
the
ward
respondent
of
the
ward’s
respondent’s
21
rights
to
petition
for
modification
or
termination
of
the
22
guardianship.
23
c.
Advise
the
ward
respondent
of
the
rights
retained
by
the
24
ward
respondent
.
25
6.
If
the
court
determines
that
it
would
be
in
the
ward’s
26
respondent’s
best
interest
to
have
legal
representation
27
with
respect
to
any
proceedings
in
a
guardianship
or
28
conservatorship
,
the
court
may
appoint
an
attorney
to
represent
29
the
ward
respondent
at
the
expense
of
the
ward
respondent
or
30
the
ward’s
respondent’s
estate,
or
if
the
ward
respondent
31
is
indigent
the
cost
of
the
court
appointed
attorney
shall
32
be
assessed
against
the
county
in
which
the
proceedings
are
33
pending.
34
7.
If
the
court
determines
upon
application
that
it
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is
appropriate
or
necessary,
the
court
may
order
that
the
1
attorney
appointed
pursuant
to
this
section
be
given
copies
2
of
and
access
to
the
proposed
ward’s
respondent’s
health
3
information
by
describing
with
reasonable
specificity
the
4
health
information
to
be
disclosed
or
accessed,
for
the
purpose
5
of
fulfilling
the
attorney’s
responsibilities
pursuant
to
this
6
section
.
7
Sec.
20.
NEW
SECTION
.
633.562
Appointment
and
role
of
court
8
visitor.
9
1.
If
the
court
determines
that
the
appointment
of
a
court
10
visitor
would
be
in
the
best
interest
of
the
respondent,
11
the
court
may
appoint
a
court
visitor
at
the
expense
of
the
12
respondent
or
the
respondent’s
estate,
or,
if
the
respondent
13
is
indigent,
the
cost
of
the
court
visitor
shall
be
assessed
14
against
the
county
in
which
the
proceedings
are
pending.
The
15
court
may
appoint
any
qualified
person
as
a
court
visitor
in
a
16
guardianship
or
conservatorship
proceeding.
17
2.
The
same
person
shall
not
serve
both
as
the
attorney
18
representing
the
respondent
and
as
court
visitor.
19
3.
Unless
otherwise
enlarged
or
circumscribed
by
the
court,
20
the
duties
of
a
court
visitor
with
respect
to
the
respondent
21
shall
include
all
of
the
following:
22
a.
Conducting
an
initial
in-person
interview
with
the
23
respondent.
24
b.
Explaining
to
the
respondent
the
substance
of
the
25
petition,
the
purpose
and
effect
of
the
guardianship
or
26
conservatorship
proceeding,
the
rights
of
the
respondent
at
27
the
hearing,
and
the
general
powers
and
duties
of
a
guardian
28
or
conservator.
29
c.
Determining
the
views
of
the
respondent
regarding
the
30
proposed
guardian
or
conservator,
the
proposed
guardian’s
or
31
conservator’s
powers
and
duties,
and
the
scope
and
duration
of
32
the
proposed
guardianship
or
conservatorship.
33
4.
In
addition,
if
directed
by
the
court,
the
court
visitor
34
shall:
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a.
Interview
the
petitioner,
and
if
the
petitioner
is
not
1
the
proposed
guardian
or
conservator,
interview
the
proposed
2
guardian
or
conservator.
3
b.
Visit,
to
the
extent
feasible,
the
residence
where
it
4
is
reasonably
believed
that
the
respondent
will
live
if
the
5
appointment
of
a
guardian
or
conservator
is
made.
6
c.
Make
any
other
investigation
the
court
directs
including
7
but
not
limited
to
interviewing
any
persons
providing
medical,
8
mental
health,
educational,
social,
and
other
services
to
the
9
respondent.
10
5.
The
court
visitor
shall
submit
a
written
report
to
the
11
court
that
shall
contain
all
of
the
following:
12
a.
A
recommendation
regarding
the
appropriateness
of
a
13
limited
guardianship
for
the
respondent,
including
whether
less
14
restrictive
alternatives
are
available.
15
b.
A
statement
of
the
qualifications
of
the
guardian
16
together
with
a
statement
of
whether
the
respondent
has
17
expressed
agreement
with
the
appointment
of
the
proposed
18
guardian
or
conservator.
19
c.
Any
other
matters
the
court
visitor
deems
relevant
to
20
the
petition
for
guardianship
or
conservatorship
and
the
best
21
interests
of
the
respondent.
22
d.
Any
other
matters
the
court
directs.
23
6.
The
report
of
the
court
visitor
shall
be
made
part
of
the
24
court
record
unless
otherwise
ordered
by
the
court.
25
Sec.
21.
NEW
SECTION
.
633.563
Court-ordered
professional
26
evaluation.
27
1.
In
an
adult
guardianship
or
conservatorship
proceeding,
28
the
court
may
order
an
evaluation
of
the
decision-making
29
capacity
and
functional
abilities
and
limitations
of
the
30
respondent
for
the
purpose
of
determining
any
of
the
following:
31
a.
Whether
the
conditions
for
a
guardianship
are
met
32
pursuant
to
section
633.552,
subsection
1.
33
b.
Whether
the
conditions
for
a
conservatorship
are
met
34
pursuant
to
section
633.553,
subsection
1.
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c.
Whether
a
limited
guardianship
or
conservatorship
is
1
appropriate.
2
2.
If
the
court
orders
an
evaluation,
the
evaluation
shall
3
be
conducted
by
a
licensed
physician,
psychologist,
social
4
worker,
or
other
individual
who
is
qualified
to
conduct
an
5
evaluation
appropriate
for
the
respondent
being
assessed.
6
3.
At
the
request
of
the
respondent,
the
court
shall
seal
7
the
record
of
the
results
of
the
evaluation
ordered
by
the
8
court
subject
to
the
exceptions
in
subsection
4.
9
4.
The
results
of
the
evaluation
ordered
by
the
court
shall
10
be
made
available
to
the
court
and
the
following:
11
a.
The
respondent
and
the
respondent’s
attorney.
12
b.
The
petitioner
and
the
petitioner’s
attorney.
13
c.
A
court
visitor
as
described
in
section
633.562.
14
d.
Other
persons
for
good
cause
shown
for
such
purposes
as
15
the
court
may
order.
16
Sec.
22.
NEW
SECTION
.
633.564
Background
check
of
proposed
17
guardian
or
conservator.
18
1.
The
court
shall
request
criminal
record
checks
and
19
checks
of
the
child
abuse,
dependent
adult
abuse,
and
sexual
20
offender
registries
in
this
state
for
all
proposed
guardians
21
and
conservators,
other
than
financial
institutions
with
Iowa
22
trust
powers.
23
2.
The
court
shall
review
the
results
of
background
checks
24
in
determining
the
suitability
of
a
proposed
guardian
or
25
conservator
for
appointment.
26
3.
The
judicial
branch,
in
conjunction
with
the
department
27
of
public
safety,
the
department
of
human
services,
and
the
28
state
chief
information
officer,
shall
establish
procedures
for
29
electronic
access
to
the
single
contact
repository
established
30
pursuant
to
section
135C.33
necessary
to
conduct
background
31
checks
requested
under
subsection
1.
32
4.
The
person
who
files
a
petition
for
appointment
of
33
guardian
or
conservator
shall
be
responsible
for
paying
the
fee
34
for
the
background
check
conducted
through
the
single
contact
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repository
established
pursuant
to
section
135C.33.
1
Sec.
23.
NEW
SECTION
.
633.565
Qualifications
and
selection
2
of
guardian
or
conservator
for
an
adult.
3
The
court
shall
appoint
as
guardian
or
conservator
any
4
qualified
and
suitable
person
who
is
willing
to
serve
as
5
guardian
or
conservator.
6
Sec.
24.
NEW
SECTION
.
633.567
Appointment
of
guardian
or
7
conservator
for
minor
approaching
majority
on
a
standby
basis.
8
Any
adult
with
an
interest
in
the
welfare
of
a
minor
who
9
is
at
least
seventeen
years
and
six
months
of
age
may
file
10
a
verified
petition
pursuant
to
section
633.552
or
section
11
633.553
to
initiate
a
proceeding
to
appoint
a
guardian
or
12
conservator
for
the
minor
to
take
effect
on
the
minor’s
13
eighteenth
birthday.
14
Sec.
25.
NEW
SECTION
.
633.569
Emergency
appointment
of
15
temporary
guardian
or
conservator.
16
1.
A
person
authorized
to
file
a
petition
under
section
17
633.552,
633.553,
or
633.554
may
file
an
application
for
the
18
emergency
appointment
of
a
temporary
guardian
or
conservator.
19
2.
Such
application
shall
state
all
of
the
following:
20
a.
The
name
and
address
of
the
respondent.
21
b.
The
name
and
address
of
the
proposed
guardian
or
22
conservator
and
the
reason
the
proposed
guardian
or
conservator
23
should
be
selected.
24
c.
The
reason
the
emergency
appointment
of
a
temporary
25
guardian
is
sought.
26
3.
The
court
may
enter
an
ex
parte
order
appointing
a
27
temporary
guardian
on
an
emergency
basis
under
this
section
if
28
the
court
finds
that
all
of
the
following
conditions
are
met:
29
a.
There
is
not
sufficient
time
to
file
a
petition
and
hold
30
a
hearing
pursuant
to
section
633.552,
633.553,
or
633.554.
31
b.
The
appointment
of
a
temporary
guardian
or
conservator
32
is
necessary
to
avoid
immediate
or
irreparable
harm
to
the
33
respondent.
34
c.
There
is
reason
to
believe
that
the
basis
for
appointment
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of
guardian
or
conservator
exists
under
section
633.552,
1
633.553,
or
633.554.
2
4.
Notice
of
a
petition
for
the
appointment
of
a
temporary
3
guardian
or
conservator
and
the
issuance
of
an
ex
parte
4
order
appointing
a
temporary
guardian
or
conservator
shall
be
5
provided
to
the
respondent,
the
respondent’s
attorney,
and
any
6
other
person
the
court
determines
should
receive
notice.
7
5.
Upon
the
issuance
of
an
ex
parte
order,
if
the
respondent
8
is
an
adult,
the
respondent
may
file
a
request
for
a
hearing.
9
If
the
respondent
is
a
minor,
the
respondent,
a
parent
having
10
legal
custody
of
the
respondent,
or
any
other
person
having
11
legal
custody
of
the
respondent
may
file
a
written
request
for
12
a
hearing.
Such
hearing
shall
be
held
no
later
than
seven
days
13
after
the
filing
of
a
written
request.
14
6.
The
powers
of
the
temporary
guardian
or
conservator
15
set
forth
in
the
order
of
the
court
shall
be
limited
to
those
16
necessary
to
address
the
emergency
situation
requiring
the
17
appointment
of
a
temporary
guardian
or
conservator.
18
7.
The
temporary
guardianship
or
conservatorship
shall
19
terminate
within
thirty
days
after
the
order
is
issued.
20
Sec.
26.
NEW
SECTION
.
633.570
Notification
of
guardianship
21
and
conservatorship
powers.
22
1.
In
a
proceeding
for
the
appointment
of
a
guardian,
the
23
respondent
shall
be
given
written
notice
which
advises
the
24
respondent
of
the
powers
that
a
guardian
may
exercise
without
25
court
approval
pursuant
to
section
633.635,
subsection
2,
and
26
the
powers
that
the
guardian
may
exercise
only
with
court
27
approval
pursuant
to
section
633.635,
subsection
3.
28
2.
In
a
proceeding
for
the
appointment
of
a
conservator,
29
the
respondent
shall
be
given
written
notice
which
advises
30
the
respondent
of
the
powers
that
a
conservator
may
exercise
31
without
court
approval
pursuant
to
section
633.646
and
the
32
powers
that
the
guardian
may
exercise
only
with
court
approval
33
pursuant
to
section
633.647.
34
3.
If
the
respondent
is
an
adult,
the
notice
shall
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clearly
advise
the
respondent
of
the
respondent’s
rights
to
1
representation
by
an
attorney
and
the
potential
deprivation
of
2
the
respondent’s
civil
rights.
The
notice
shall
also
state
3
that
the
respondent
may
be
represented
by
the
respondent’s
own
4
attorney
rather
than
an
attorney
appointed
by
the
court.
If
5
the
respondent
is
an
adult,
notice
shall
be
served
upon
the
6
respondent
with
the
notice
of
the
filing
of
the
petition
as
7
provided
in
section
633.558.
If
the
respondent
is
a
minor,
8
notice
shall
be
served
upon
the
respondent
with
the
notice
of
9
the
filing
of
a
petition
as
provided
in
section
633.559.
10
Sec.
27.
Section
633.574,
Code
2019,
is
amended
to
read
as
11
follows:
12
633.574
Procedure
in
lieu
of
conservatorship
for
a
minor
.
13
If
a
conservator
has
not
been
appointed
for
a
minor
,
money
14
due
a
minor
or
other
property
to
which
a
minor
is
entitled,
15
not
exceeding
in
the
aggregate
twenty-five
thousand
dollars
16
in
value,
shall
be
paid
or
delivered
to
a
custodian
under
any
17
uniform
transfers
to
minors
Act.
The
written
receipt
of
the
18
custodian
constitutes
an
acquittance
of
the
person
making
the
19
payment
of
money
or
delivery
of
property.
20
Sec.
28.
Section
633.591,
Code
2019,
is
amended
to
read
as
21
follows:
22
633.591
Voluntary
petition
for
appointment
of
conservator
——
23
standby
basis.
24
Any
person
of
full
age
and
sound
mind
may
execute
a
verified
25
petition
for
the
voluntary
appointment
of
a
conservator
of
the
26
person’s
property
upon
the
express
condition
that
such
petition
27
shall
be
acted
upon
by
the
court
only
upon
the
occurrence
of
an
28
event
specified
or
the
existence
of
a
described
condition
of
29
the
mental
or
physical
health
of
the
petitioner,
the
occurrence
30
of
which
event,
or
the
existence
of
which
condition,
shall
31
be
established
in
the
manner
directed
in
the
petition.
The
32
petition,
if
executed
on
or
after
January
1,
1991,
shall
advise
33
the
proposed
ward
respondent
of
a
conservator’s
powers
as
34
provided
in
section
633.576
633.570
.
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Sec.
29.
Section
633.634,
Code
2019,
is
amended
to
read
as
1
follows:
2
633.634
Combination
of
voluntary
and
standby
petitions
with
3
involuntary
petition
for
hearing
.
4
If
prior
to
the
time
of
hearing
on
a
petition
for
the
5
appointment
of
a
guardian
or
a
conservator,
a
petition
is
filed
6
under
the
provisions
of
section
633.556,
633.557
,
633.572
or
7
633.591
,
the
court
shall
combine
the
hearing
on
such
petitions
8
and
determine
who
shall
be
appointed
guardian
or
conservator,
9
and
such
petition
shall
be
triable
to
the
court.
10
Sec.
30.
Section
633.635,
Code
2019,
is
amended
to
read
as
11
follows:
12
633.635
Responsibilities
of
guardian.
13
1.
The
order
by
the
court
appointing
a
guardian
shall
state
14
the
basis
for
the
guardianship
pursuant
to
section
633.552.
15
1.
2.
Based
upon
the
evidence
produced
at
the
hearing,
the
16
court
may
grant
a
guardian
the
following
powers
and
duties
with
17
respect
to
a
protected
person
which
may
be
exercised
without
18
prior
court
approval:
19
a.
Providing
for
the
care,
comfort
and
maintenance
of
the
20
ward,
including
the
appropriate
training
and
education
to
21
maximize
the
ward’s
potential
Making
decisions
regarding
the
22
care,
maintenance,
health,
education,
welfare,
and
safety
of
23
the
protected
person
except
as
otherwise
limited
by
the
court
.
24
b.
Establishing
the
protected
person’s
permanent
residence
25
except
as
limited
by
subsection
3.
26
b.
c.
Taking
reasonable
care
of
the
ward’s
protected
27
person’s
clothing,
furniture,
vehicle
,
and
other
personal
28
effects
,
and
companion
animals,
assistive
animals,
assistance
29
animals,
and
service
animals
.
30
c.
d.
Assisting
the
ward
protected
person
in
developing
31
maximum
self-reliance
and
independence.
32
d.
Ensuring
the
ward
receives
necessary
emergency
medical
33
services.
34
e.
Ensuring
the
ward
receives
professional
care,
counseling,
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treatment,
or
services
as
needed.
If
necessitated
by
the
1
physical
or
mental
disability
of
the
ward,
the
provision
of
2
professional
care,
counseling,
treatment,
or
services
limited
3
to
the
provision
of
routine
physical
and
dental
examinations
4
and
procedures
under
anesthesia
is
included,
if
the
anesthesia
5
is
provided
within
the
scope
of
the
health
care
practitioner’s
6
scope
of
practice
Consenting
to
and
arranging
for
medical,
7
dental,
and
other
health
care
treatment
and
services
for
the
8
protected
person
except
as
otherwise
limited
by
subsection
3
.
9
f.
Consenting
to
and
arranging
for
other
needed
professional
10
services
for
the
protected
person.
11
g.
Consenting
to
and
arranging
for
appropriate
training,
12
educational,
and
vocational
services
for
the
protected
person.
13
h.
Maintaining
contact,
including
through
regular
visitation
14
with
the
protected
person
if
the
protected
person
does
not
15
reside
with
the
guardian.
16
f.
i.
Placing
Making
reasonable
efforts
to
identify
and
17
facilitate
supportive
relationships
and
interactions
of
the
18
protected
person
with
family
members
and
significant
other
19
persons.
The
guardian
may
place
reasonable
time,
place,
20
or
manner
restrictions
on
communication,
visitation,
or
21
interaction
between
the
adult
ward
protected
person
and
another
22
person
except
as
otherwise
limited
by
subsection
3
.
23
g.
j.
Any
other
powers
or
duties
the
court
may
specify.
24
2.
3.
A
guardian
may
be
granted
the
following
powers
which
25
may
only
be
exercised
upon
court
approval:
26
a.
Changing,
at
the
guardian’s
request,
the
ward’s
permanent
27
residence
if
the
proposed
new
residence
is
more
restrictive
of
28
the
ward’s
liberties
than
the
current
residence
the
protected
29
person’s
permanent
residence
to
a
nursing
home,
other
secure
30
facility,
or
secure
portion
of
a
facility
that
restricts
the
31
protected
person’s
ability
to
leave
or
have
visitors,
unless
32
advance
notice
of
the
change
was
included
in
the
guardian’s
33
initial
care
plan
that
was
approved
by
the
court
.
In
an
34
emergency
situation,
the
court
shall
review
the
request
for
35
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approval
on
an
expedited
basis.
1
b.
Arranging
the
provision
of
major
elective
surgery
or
any
2
other
nonemergency
major
medical
procedure.
For
the
purposes
3
of
this
paragraph,
“major
elective
surgery”
and
“nonemergency
4
major
medical
procedure”
do
not
include
the
provision
to
the
5
ward
of
professional
care,
counseling,
treatment,
or
services
6
limited
to
the
provision
of
routine
physical
and
dental
7
examinations
and
procedures
under
anesthesia,
if
the
use
of
8
anesthesia
is
necessitated
by
the
physical
or
mental
disability
9
of
the
ward,
and
if
the
anesthesia
is
provided
within
the
scope
10
of
the
health
care
practitioner’s
scope
of
practice.
11
Consenting
to
the
following:
12
(1)
The
withholding
or
withdrawal
of
life-sustaining
13
procedures
from
the
protected
person
in
accordance
with
chapter
14
144A.
15
(2)
The
performance
of
an
abortion
on
the
protected
person.
16
(3)
The
sterilization
of
the
protected
person.
17
c.
Consent
to
the
withholding
or
withdrawal
of
18
life-sustaining
procedures
in
accordance
with
chapter
144A
.
19
d.
c.
Denying
all
communication,
visitation,
or
interaction
20
by
an
adult
ward
a
protected
person
with
a
person
with
whom
21
the
adult
ward
protected
person
has
expressed
a
desire
to
22
communicate,
visit,
or
interact
or
with
a
person
who
seeks
to
23
communicate,
visit,
or
interact
with
the
adult
ward
protected
24
person
.
A
court
shall
approve
the
denial
of
all
communication,
25
visitation,
or
interaction
with
another
person
only
upon
a
26
showing
of
good
cause
by
the
guardian.
27
3.
For
the
purposes
of
this
section
:
28
a.
“Routine
dental
examinations
and
procedures”
includes
29
preventive
services,
diagnostic
services,
restorative
services,
30
periodontal
services,
endodontic
services,
oral
surgery,
31
prosthetic
services,
and
orthodontic
procedures.
32
b.
“Routine
physical
examinations
and
procedures”
includes
33
examinations
and
procedures
performed
for
the
purpose
of
34
general
treatment
or
diagnosis
or
for
the
purpose
of
treatment
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or
diagnosis
related
to
a
specific
illness,
symptom,
complaint,
1
or
injury.
2
4.
The
court
may
take
into
account
all
available
information
3
concerning
the
capabilities
of
the
ward
respondent
or
4
the
protected
person
and
any
additional
evaluation
deemed
5
necessary,
including
the
availability
of
third-party
assistance
6
to
meet
the
needs
of
the
ward
or
proposed
ward
respondent
or
7
the
protected
person
,
and
may
direct
that
the
guardian
have
8
only
a
specially
limited
responsibility
for
the
ward
protected
9
person
.
In
that
event,
the
court
shall
state
those
areas
of
10
responsibility
which
shall
be
supervised
by
the
guardian
and
11
all
others
shall
be
retained
by
the
ward
protected
person
.
The
12
court
may
make
a
finding
that
the
ward
protected
person
lacks
13
the
capacity
to
contract
a
valid
marriage.
14
5.
From
time
to
time,
upon
a
proper
showing,
the
court
may
15
modify
the
respective
responsibilities
of
the
guardian
and
16
the
ward
protected
person
,
after
notice
to
the
ward
protected
17
person
and
an
opportunity
to
be
heard.
Any
modification
that
18
would
be
more
restrictive
or
burdensome
for
the
ward
protected
19
person
shall
be
based
on
clear
and
convincing
evidence
that
the
20
ward
protected
person
continues
to
fall
within
the
categories
21
of
meet
the
basis
for
the
appointment
of
a
guardian
pursuant
22
to
section
633.552
,
subsection
2
,
paragraph
“a”
or
“b”
,
and
23
that
the
facts
justify
a
modification
of
the
guardianship.
24
Section
633.551
applies
to
the
modification
proceedings.
Any
25
modification
that
would
be
less
restrictive
for
the
ward
26
protected
person
shall
be
based
upon
proof
in
accordance
with
27
the
requirements
of
section
633.675
.
28
Sec.
31.
Section
633.669,
Code
2019,
is
amended
to
read
as
29
follows:
30
633.669
Reporting
requirements
——
assistance
by
clerk.
31
1.
A
guardian
appointed
by
the
court
under
this
chapter
32
shall
file
with
the
court
the
following
written
verified
33
reports
which
shall
not
be
waived
by
the
court
:
34
a.
An
initial
report
within
sixty
days
of
the
guardian’s
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appointment
care
plan
filed
within
sixty
days
of
appointment
.
1
The
information
in
the
initial
care
plan
shall
include
but
not
2
be
limited
to
the
following
information:
3
(1)
The
current
residence
of
the
protected
person
and
the
4
guardian’s
plan
for
the
protected
person’s
living
arrangements.
5
(2)
The
guardian’s
plan
for
payment
of
the
protected
6
person’s
living
expenses
and
other
expenses.
7
(3)
The
protected
person’s
health
status
and
health
care
8
needs,
and
the
guardian’s
plan
for
meeting
the
protected
9
person’s
needs
for
medical,
dental,
and
other
health
care
10
needs.
11
(4)
If
applicable,
the
guardian’s
plan
for
other
12
professional
services
needed
by
the
protected
person.
13
(5)
If
applicable,
the
guardian’s
plan
for
meeting
the
14
educational,
training,
and
vocational
needs
of
the
protected
15
person.
16
(6)
If
applicable,
the
guardian’s
plan
for
facilitating
the
17
participation
of
the
protected
person
in
social
activities.
18
(7)
The
guardian’s
plan
for
facilitating
contacts
between
19
the
protected
person
and
the
protected
person’s
family
members
20
and
other
significant
persons.
21
(8)
The
guardian’s
plan
for
contact
with,
and
activities
on
22
behalf
of,
the
protected
person.
23
b.
An
annual
report,
filed
within
ninety
sixty
days
of
24
the
close
of
the
reporting
period,
unless
the
court
otherwise
25
orders
on
good
cause
shown.
The
information
in
the
annual
26
report
shall
include
but
not
be
limited
to
the
following
27
information:
28
(1)
The
current
living
arrangements
of
the
protected
29
person.
30
(2)
The
sources
of
payment
for
the
protected
person’s
living
31
expenses
and
other
expenses.
32
(3)
A
description,
if
applicable,
of
the
following:
33
(a)
The
protected
person’s
physical
and
mental
health
34
status
and
the
medical,
dental,
and
other
professional
services
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provided
to
the
protected
person.
1
(b)
If
applicable,
the
protected
person’s
employment
status
2
and
the
educational,
training,
and
vocational
services
provided
3
to
the
protected
person.
4
(c)
The
contact
of
the
protected
person
with
family
members
5
and
other
significant
persons.
6
(d)
The
nature
and
extent
of
the
guardian’s
visits
with,
and
7
activities
on
behalf
of,
the
protected
person.
8
(4)
The
guardian’s
recommendation
as
to
the
need
for
9
continuation
of
the
guardianship.
10
(5)
The
ability
of
the
guardian
to
continue
as
guardian.
11
(6)
The
need
of
the
guardian
for
assistance
in
providing
or
12
arranging
for
the
provision
of
the
care
and
protection
of
the
13
protected
person.
14
c.
A
final
report
within
thirty
days
of
the
termination
15
of
the
guardianship
under
section
633.675
unless
that
time
is
16
extended
by
the
court.
17
2.
Reports
required
by
this
section
must
include:
18
a.
The
current
mental
and
physical
condition
of
the
ward.
19
b.
The
present
living
arrangement
of
the
ward,
including
a
20
description
of
each
residence
where
the
ward
has
resided
during
21
the
reporting
period.
22
c.
A
summary
of
the
medical,
educational,
vocational
and
23
technical,
and
other
professional
services
provided
for
the
24
ward.
25
d.
A
description
of
the
guardian’s
visits
with
and
26
activities
on
behalf
of
the
ward.
27
e.
A
recommendation
as
to
the
need
for
continued
28
guardianship.
29
f.
Other
information
requested
by
the
court
or
useful
in
the
30
opinion
of
the
guardian.
31
3.
2.
The
court
shall
develop
a
simplified
uniform
32
reporting
form
for
use
in
filing
the
required
reports.
33
4.
3.
The
clerk
of
the
court
shall
notify
the
guardian
34
in
writing
of
the
reporting
requirements
and
shall
provide
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information
and
assistance
to
the
guardian
in
filing
the
1
reports.
2
5.
4.
Reports
of
guardians
shall
be
reviewed
and
approved
3
by
a
district
court
judge
or
referee.
4
6.
Reports
required
by
this
section
shall,
if
requested,
be
5
served
on
the
attorney
appointed
to
represent
the
ward
in
the
6
guardianship
proceeding
and
all
other
parties
appearing
in
the
7
proceeding.
8
Sec.
32.
Section
633.670,
subsection
1,
paragraph
b,
Code
9
2019,
is
amended
to
read
as
follows:
10
b.
Written
verified
reports
and
accountings
which
shall
not
11
be
waived
by
the
court
as
follows:
12
(1)
An
initial
financial
management
plan
within
sixty
days
13
after
the
appointment
of
the
conservator.
14
(1)
(2)
Annually,
within
ninety
days
of
the
close
of
the
15
reporting
period,
unless
the
court
otherwise
orders
on
good
16
cause
shown.
17
(2)
(3)
Within
thirty
days
following
the
date
of
removal.
18
(3)
(4)
Upon
filing
resignation
and
before
the
resignation
19
is
accepted
by
the
court.
20
(4)
(5)
Within
sixty
days
following
the
date
of
21
termination.
22
(5)
(6)
At
other
times
as
the
court
may
order.
23
Sec.
33.
Section
633.675,
Code
2019,
is
amended
to
read
as
24
follows:
25
633.675
Cause
for
termination.
26
1.
A
guardianship
shall
cease,
and
a
conservatorship
27
shall
terminate
,
upon
the
occurrence
of
any
of
the
following
28
circumstances:
29
a.
If
the
ward
protected
person
is
a
minor,
when
the
ward
30
protected
person
reaches
full
age.
31
b.
The
death
of
the
ward
protected
person
.
32
c.
A
determination
by
the
court
that
the
ward
is
no
longer
33
a
person
whose
decision-making
capacity
is
so
impaired
as
34
to
bring
the
ward
within
the
categories
of
section
633.552,
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subsection
2
,
paragraph
“a”
,
or
section
633.566,
subsection
2
,
1
paragraph
“a”
.
In
a
proceeding
to
terminate
a
guardianship
or
2
a
conservatorship,
the
ward
shall
make
a
prima
facie
showing
3
that
the
ward
has
some
decision-making
capacity.
Once
the
4
ward
has
made
that
showing,
the
guardian
or
conservator
has
5
the
burden
to
prove
by
clear
and
convincing
evidence
that
the
6
ward’s
decision-making
capacity
is
so
impaired,
as
provided
7
in
section
633.552,
subsection
2
,
paragraph
“a”
,
or
section
8
633.566,
subsection
2
,
paragraph
“a”
,
that
the
guardianship
or
9
conservatorship
should
not
be
terminated.
10
d.
c.
Upon
determination
by
the
court
that
the
11
conservatorship
or
guardianship
is
no
longer
necessary
for
any
12
other
reason.
13
2.
Notwithstanding
subsection
1
,
paragraphs
“a”
through
14
“d”
,
if
the
court
appointed
a
guardian
for
a
minor
child
for
15
whom
the
court’s
jurisdiction
over
the
child’s
guardianship
16
was
established
pursuant
to
transfer
of
the
child’s
case
in
17
accordance
with
section
232.101A
or
232.104
,
the
court
shall
18
not
enter
an
order
terminating
the
guardianship
before
the
19
child
becomes
age
eighteen
unless
the
court
finds
by
clear
20
and
convincing
evidence
that
the
best
interests
of
the
child
21
warrant
a
return
of
custody
to
the
child’s
parent.
The
22
court
shall
terminate
a
guardianship
if
it
finds
by
clear
and
23
convincing
evidence
that
the
basis
for
appointing
a
guardian
24
pursuant
to
section
633.552
is
not
satisfied.
25
3.
The
court
shall
terminate
a
conservatorship
if
the
court
26
finds
by
clear
and
convincing
evidence
that
the
basis
for
27
appointing
a
conservator
pursuant
to
section
633.553
or
633.554
28
is
not
satisfied.
29
4.
The
standard
of
proof
and
the
burden
of
proof
to
be
30
applied
in
a
termination
proceeding
shall
be
the
same
as
set
31
forth
in
section
633.551,
subsection
2.
32
Sec.
34.
Section
633.717,
subsection
8,
Code
2019,
is
33
amended
to
read
as
follows:
34
8.
The
denial
by
a
court
of
this
state
of
a
petition
to
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accept
a
guardianship
or
conservatorship
transferred
from
1
another
state
does
not
affect
the
ability
of
the
guardian
or
2
conservator
to
seek
appointment
as
guardian
or
conservator
in
3
this
state
under
section
633.551
,
633.552
,
or
633.566
633.556
,
4
if
the
court
has
jurisdiction
to
make
an
appointment
other
than
5
by
reason
of
the
provisional
order
of
transfer.
6
Sec.
35.
Section
633B.102,
subsections
2
and
6,
Code
2019,
7
are
amended
to
read
as
follows:
8
2.
“Conservator”
or
“conservatorship”
means
a
conservator
9
appointed
or
conservatorship
established
pursuant
to
sections
10
633.570
and
633.572
section
633.553,
633.554,
or
633.567
or
a
11
similar
provision
of
the
laws
of
another
state.
12
6.
“Guardian”
or
“guardianship”
means
a
guardian
appointed
13
or
a
guardianship
established
pursuant
to
sections
633.556
14
633.552
and
633.560
633.568
or
a
similar
provision
of
the
laws
15
of
another
state.
16
Sec.
36.
Section
633B.108,
subsection
1,
Code
2019,
is
17
amended
to
read
as
follows:
18
1.
Under
a
power
of
attorney,
a
principal
may
nominate
19
a
conservator
of
the
principal’s
estate
or
guardian
of
20
the
principal’s
person
for
consideration
by
the
court
if
21
proceedings
for
the
principal’s
estate
or
person
are
begun
22
after
the
principal
executes
the
power
of
attorney.
Except
23
for
good
cause
shown
or
disqualification,
the
court
shall
make
24
its
appointment
in
accordance
with
the
principal’s
most
recent
25
nomination.
This
section
does
not
prohibit
an
individual
26
from
executing
a
petition
for
the
voluntary
appointment
of
a
27
guardian
or
conservator
on
a
standby
basis
pursuant
to
sections
28
633.560
633.568
and
633.591
.
29
Sec.
37.
REPEAL.
Sections
633.552,
633.554,
633.555,
30
633.556,
633.557,
633.558,
633.559,
633.562,
633.566,
633.568,
31
633.569,
633.570,
633.572,
633.573,
633.575,
and
633.576,
Code
32
2019,
are
repealed.
33
Sec.
38.
CODE
EDITOR’S
DIRECTIVE.
34
1.
The
Code
editor
is
directed
to
make
the
following
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transfers:
1
a.
Section
633.560
to
633.568.
2
b.
Section
633.571
to
633.566.
3
c.
Section
633.574
to
633.555.
4
2.
The
Code
editor
is
directed
to
make
changes
in
any
Code
5
sections
amended
or
enacted
by
any
other
Act
to
correspond
with
6
the
changes
made
in
this
Act
if
there
appears
to
be
no
doubt
7
as
to
the
proper
method
of
making
the
changes
and
the
changes
8
would
not
be
contrary
to
or
inconsistent
with
the
purposes
of
9
this
Act
or
any
other
Act.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
BACKGROUND.
Guardians
are
persons
and
entities
appointed
by
14
the
court
to
make
decisions
for
persons
regarding
the
person’s
15
care,
maintenance,
health,
education,
welfare,
and
safety.
16
Conservators
are
appointed
by
the
court
to
make
decisions
for
17
persons
regarding
management
of
their
financial
affairs.
18
This
bill
amends
the
Iowa
probate
code,
which
provides
19
for
the
opening
and
administration
of
guardianships
and
20
conservatorships
for
adults
and
minors.
The
bill
amends
21
the
provisions
governing
guardianships
for
adults
and
22
conservatorships
for
adults
and
minors.
The
bill
deletes
23
provisions
relating
to
guardianships
for
minors.
The
bill
does
24
not
provide
a
process
for
a
court
to
appoint
a
guardian
for
a
25
minor.
26
TERMINOLOGY.
The
current
Code
uses
the
term
“proposed
ward”
27
to
refer
to
persons
alleged
to
be
in
need
of
a
guardianship
or
28
conservatorship,
and
the
term
“ward”
to
refer
to
a
person
for
29
whom
the
court
has
appointed
a
guardian
or
conservator.
The
30
bill
substitutes
the
term
“respondent”
for
the
term
“proposed
31
ward”.
The
bill
substitutes
the
term
“protected
person”
for
32
the
term
“ward”.
33
BASIS
FOR
APPOINTMENT
OF
GUARDIAN
AND
CONSERVATOR.
The
bill
34
does
not
alter
the
current
Code
requirement
for
appointment
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of
a
guardian
for
an
adult.
The
court
must
find
by
clear
1
and
convincing
evidence
that
the
adult
has
diminished
2
decision-making
capacity
resulting
in
the
adult’s
inability
to
3
care
for
or
protect
the
adult.
The
bill
also
does
not
alter
4
the
current
Code
requirement
for
appointment
of
a
conservator
5
for
an
adult.
The
court
must
find
by
clear
and
convincing
6
evidence
that
the
adult
has
diminished
decision-making
capacity
7
resulting
in
the
adult’s
inability
to
manage
the
adult’s
8
financial
affairs.
The
current
Code
does
not
set
forth
the
9
substantive
criteria
that
must
be
met
for
the
appointment
of
a
10
conservator
for
a
minor.
The
bill
requires
that
the
court
find
11
by
a
preponderance
of
evidence
that
a
conservator
is
needed
to
12
manage
or
protect
the
minor’s
funds
or
other
assets.
13
PETITION,
NOTICE,
AND
HEARING.
The
bill
amends
and
adds
14
specific
requirements
regarding
the
contents
of
a
guardianship
15
or
conservatorship
petition,
notice,
and
hearing.
The
bill
16
states
that
the
petition
must
contain
a
concise
statement
of
17
the
factual
basis
for
the
petition
and
a
concise
statement
of
18
why
there
is
no
less
restrictive
alternative
to
the
appointment
19
of
a
guardian
or
conservator.
The
bill
also
designates
persons
20
with
an
actual
or
potential
interest
in
a
guardianship
or
21
conservatorship
proceeding
who
must
be
listed,
if
known,
in
the
22
petition.
23
ATTORNEY
FOR
RESPONDENT.
The
bill
retains
the
current
24
Code
provision
under
which
the
respondent
is
entitled
to
be
25
represented
by
a
court-appointed
attorney
if
indigent
or
26
incapable
of
requesting
an
attorney.
The
bill
also
retains
the
27
current
Code
provision
describing
the
responsibilities
of
the
28
attorney
representing
the
respondent.
29
GUARDIAN
AD
LITEM
——
COURT
VISITOR.
The
bill
clarifies
the
30
distinction
between
the
appointment
and
role
of
the
attorney
31
for
the
respondent
and
the
guardian
ad
litem.
In
addition,
32
the
bill
substitutes
the
term
“court
visitor”
for
the
term
33
“guardian
ad
litem”.
The
bill
provides
that
a
court
may,
but
34
is
not
required
to,
appoint
any
qualified
person
as
a
court
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visitor
to
gather
information
for
the
court
that
the
court
1
needs
to
determine
whether
to
grant
the
petition.
The
bill
2
also
provides
that
the
attorney
representing
the
respondent
may
3
not
serve
as
a
court
visitor.
4
COURT-ORDERED
PROFESSIONAL
EVALUATIONS.
The
bill
5
authorizes
the
court
to
order
a
professional
evaluation
of
6
the
decision-making
capacity
and
functional
abilities
and
7
limitations
of
an
adult
in
guardianship
and
conservatorship
8
proceedings
for
the
purpose
of
determining
whether
9
to
establish,
modify,
or
terminate
a
guardianship
or
10
conservatorship
and
whether
a
limited
guardianship
or
11
conservatorship
is
appropriate.
The
evaluation
must
be
12
conducted
by
a
qualified
professional
and
the
results
of
the
13
evaluation
are
confidential
with
access
limited
to
specified
14
individuals.
15
BACKGROUND
CHECKS
OF
PROPOSED
GUARDIANS
AND
CONSERVATORS.
16
The
current
Code
does
not
require
background
checks
of
17
proposed
guardians
or
conservators.
The
bill
mandates
that
18
proposed
guardians
and
conservators,
other
than
financial
19
institutions,
undergo
Iowa
criminal
record
checks
and
checks
20
of
the
Iowa
child
abuse,
dependent
adult
abuse,
and
sexual
21
offender
registries.
The
bill
directs
the
judicial
branch,
22
in
collaboration
with
other
relevant
state
agencies,
to
23
establish
procedures
for
electronic
access
to
the
single
24
contact
repository
for
the
conduct
of
background
checks
for
a
25
minimal
fee.
The
bill
gives
the
court
discretion
to
evaluate
26
the
relevance
of
any
negative
background
check
information
in
27
determining
the
suitability
of
a
person
for
appointment
as
a
28
guardian
or
conservator.
29
QUALIFICATIONS
FOR
APPOINTMENT
OF
A
GUARDIAN
OR
CONSERVATOR.
30
The
bill
retains
the
ability
for
the
court
to
appoint
any
31
person
as
a
guardian
or
conservator
who
is
qualified,
suitable,
32
and
willing
to
serve
in
that
capacity.
33
EMERGENCY
APPOINTMENT
OF
TEMPORARY
GUARDIAN
OR
CONSERVATOR.
34
The
bill
authorizes
the
emergency
appointment
of
a
temporary
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guardian.
The
court
may
issue
an
ex
parte
order
appointing
1
a
temporary
guardian
on
an
emergency
basis
under
specified
2
limited
circumstances.
3
ORDER
APPOINTING
GUARDIAN
AND
GUARDIAN’S
POWERS,
DUTIES,
4
AND
RESPONSIBILITIES.
The
bill
sets
forth
the
specific
powers
5
that
the
guardian
may
exercise
without
prior
court
approval
and
6
the
specific
powers
that
the
guardian
may
exercise
only
with
7
prior
court
approval.
The
bill
also
specifies
the
duties
and
8
responsibilities
of
the
guardian.
9
COURT
MONITORING
OF
GUARDIANSHIPS
AND
CONSERVATORSHIPS.
10
The
bill
contains
provisions
relating
to
the
court’s
ongoing
11
responsibility
to
monitor
guardianships
and
conservatorships
12
to
ensure
the
well-being
and
protection
of
persons
subject
13
to
guardianship
and
conservatorship
and
to
ensure
the
14
accountability
of
guardians
and
conservators.
The
bill
15
provides
that
guardians
must
file
an
initial
care
plan
within
16
60
days
of
appointment
for
review
and
approval
by
the
court.
17
The
bill
retains
the
existing
Code
requirement
that
guardians
18
thereafter
file
an
annual
report
describing
the
protected
19
person’s
status
and
needs
and
the
guardian’s
activities.
The
20
bill
likewise
provides
that
conservators
must
file
an
initial
21
financial
management
report
and
retains
the
existing
Code
22
requirement
that
conservators
thereafter
file
annual
reports
23
and
accountings.
24
TERMINATION
OF
GUARDIANSHIPS
AND
CONSERVATORSHIPS.
The
25
bill
authorizes
the
court
to
remove
a
guardian
or
conservator
26
and
appoint
a
successor
guardian
or
conservator
under
certain
27
circumstances.
The
bill
likewise
authorizes
the
court
to
28
modify
or
terminate
a
guardianship
or
conservatorship
under
29
certain
circumstances.
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