Senate File 295 - Enrolled
Senate File 295
AN ACT
CONCERNING THE CREATION, ADMINISTRATION, AND TERMINATION OF
ADULT AND MINOR GUARDIANSHIPS AND CONSERVATORSHIPS.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 DIVISION I
2 MINOR GUARDIANSHIPS
3 Section 1. Section 232D.103, Code 2024, is amended to read
4 as follows:
5 232D.103 Jurisdiction.
6 The juvenile court has exclusive jurisdiction in a
7 guardianship proceeding concerning a minor who is alleged to
8 be in need of a guardianship for appointment of a guardian for
9 a minor and in a proceeding concerning the guardianship of a
10 minor.
11 Sec. 2. Section 232D.301, subsection 4, Code 2024, is
12 amended to read as follows:
13 4. The petition shall state whether a limited guardianship
14 is appropriate, and whether a conservatorship for the minor is
15 already in existence.
16 Sec. 3. Section 232D.302, subsection 2, Code 2024, is
17 amended to read as follows:
18 2. Notice shall be served upon the minor’s known parents
19 listed in the petition in accordance with the rules of civil
20 procedure. If the parent has not filed a consent to the
21 appointment of a guardian, the notice shall inform any parent
22 named in the petition that the parent may be entitled to
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23 representation under the conditions described in section
24 232D.304.
25 Sec. 4. Section 232D.305, subsection 1, Code 2024, is
26 amended to read as follows:
27 1. The court may appoint a court visitor for the minor in a
28 proceeding for the appointment of a guardian for a minor.
29 Sec. 5. Section 232D.305, Code 2024, is amended by adding
30 the following new subsection:
31 NEW SUBSECTION. 6. The court may order a court visitor to
32 continue to serve if the court determines continued service
33 would be in the best interest of the minor. If the court
34 continues the services of the court visitor, the court may
35 limit the direct duties of the court visitor as the court deems
1 necessary in which case the court visitor shall thereafter
2 continue to serve until discharged by the court. If the
3 court does not order the court visitor to continue, the order
4 appointing the guardian shall discharge the court visitor.
5 Sec. 6. Section 232D.306, Code 2024, is amended by adding
6 the following new subsection:
7 NEW SUBSECTION. 4. A hearing on the petition may be
8 recorded if a court reporter is not used.
9 Sec. 7. Section 232D.309, Code 2024, is amended by adding
10 the following new subsections:
11 NEW SUBSECTION. 8. The court may order an extension of
12 the temporary guardianship for up to sixty days for good cause
13 shown, including a showing that a hearing on a petition for a
14 guardianship under section 232D.301 cannot be scheduled within
15 sixty days after the order for a temporary guardianship is
16 issued. Prior to or contemporaneously with the filing for an
17 application for the extension of time, the guardian shall file
18 a report with the court setting forth all of the following:
19 a. All actions conducted by the guardian on behalf of the
20 minor from the time of the initial appointment of the guardian
21 up to the time of the report.
22 b. All actions that the guardian plans to conduct on behalf
23 of the minor during the sixty-day extension period.
24 NEW SUBSECTION. 9. The temporary guardian shall submit any
25 other report the court requires.
26 Sec. 8. Section 232D.401, subsection 3, unnumbered
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27 paragraph 1, Code 2024, is amended to read as follows:
28 An order by the court appointing a guardian for a minor shall
29 state the powers granted to the guardian until such time as the
30 guardian files an initial care plan and such plan is approved
31 by the court as required by section 232D.501, subsection 4.
32 Except as otherwise limited by court an order appointing a
33 guardian for a minor, the court may grant the guardian the
34 following powers, which may be exercised without prior court
35 approval:
1 Sec. 9. Section 232D.501, subsection 1, paragraph a, Code
2 2024, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (03) The guardian’s plan, if any, for
4 applying for and receiving funds and benefits payable for the
5 support of the minor.
6 Sec. 10. Section 232D.501, subsection 1, paragraph b, Code
7 2024, is amended by adding the following new subparagraphs:
8 NEW SUBPARAGRAPH. (11) The results of the guardian’s
9 efforts to apply for funds or benefits for the minor, and
10 an accounting for the use of such funds or benefits by the
11 guardian.
12 NEW SUBPARAGRAPH. (12) Any other information the guardian
13 deems necessary for the court to consider.
14 Sec. 11. NEW SECTION. 232D.501A Delinquent plans or
15 reports.
16 1. On June 1 and December 1 of each year, the clerk shall
17 notify the fiduciary and the fiduciary’s attorney of any
18 delinquent plans or reports due by law in any pending minor
19 guardianship, and that unless such delinquent plan or report
20 is filed within sixty days thereafter, the matter shall be
21 reported to the presiding judge. If the delinquent plan or
22 report is not filed within the time so specified, the fiduciary
23 will be subject to removal under the provisions of section
24 232D.502.
25 2. On August 1 and February 1 of each year, the clerk shall
26 report to the presiding judge all delinquent plans or reports
27 in minor guardianships on which such notice has been given and
28 no plan or report has been filed in response to the notice.
29 DIVISION II
30 ADULT GUARDIANSHIPS AND MINOR AND ADULT CONSERVATORSHIPS
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31 Sec. 12. Section 235B.6, subsection 2, paragraph d, Code
32 2024, is amended by adding the following new subparagraph:
33 NEW SUBPARAGRAPH. (7) To a district court conducting
34 checks of the dependent adult abuse registry for all proposed
35 guardians and conservators pursuant to section 633.564.
1 Sec. 13. Section 633.556, subsection 4, Code 2024, is
2 amended to read as follows:
3 4. The petition shall list the name and address of the
4 respondent and petitioner, and the petitioner’s relationship
5 to the respondent.
6 Sec. 14. Section 633.556, subsection 8, Code 2024, is
7 amended by striking the subsection.
8 Sec. 15. Section 633.556, Code 2024, is amended by adding
9 the following new subsection:
10 NEW SUBSECTION. 10. The person listed in the petition for
11 guardianship or conservatorship pursuant to subsections 4, 5,
12 and 6 shall be given notice of the filing of the petition for
13 guardianship or conservatorship pursuant to section 633.558. A
14 person entitled to notice under this subsection does not gain
15 standing in a guardianship or conservatorship proceeding as a
16 result of being entitled to notice unless so ordered by the
17 court.
18 Sec. 16. Section 633.560, subsection 3, Code 2024, is
19 amended to read as follows:
20 3. The court shall require the proposed guardian or
21 conservator to attend the hearing on the petition but the court
22 may excuse the proposed guardian’s or conservator’s attendance
23 for good cause shown.
24 Sec. 17. Section 633.560, subsection 6, Code 2024, is
25 amended by striking the subsection and inserting in lieu
26 thereof the following:
27 6. The hearing may be recorded if a court reporter is not
28 used.
29 Sec. 18. Section 633.561, subsection 1, paragraph b, Code
30 2024, is amended to read as follows:
31 b. If the respondent is the petitioner or an adult under
32 a standby petition, the court shall determine whether, under
33 the circumstances of the case, the respondent is entitled to
34 representation. The determination regarding representation
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35 may be made with or without notice to the respondent, as
1 the court deems necessary. If the court determines that the
2 respondent is entitled to representation, the court shall
3 appoint an attorney to represent the respondent. After making
4 the determination regarding representation, the court shall
5 set a hearing on the petition, and provide for notice on
6 the determination regarding representation and the date for
7 hearing.
8 Sec. 19. Section 633.562, Code 2024, is amended by adding
9 the following new subsection:
10 NEW SUBSECTION. 7. A court visitor shall be discharged
11 from all further duties upon appointment of a guardian or
12 conservator unless otherwise ordered by the court. The court
13 may order a court visitor to continue to serve if the court
14 determines continued service would be in the best interest of
15 the protected person. If the court continues the service of
16 the court visitor, the court may limit the direct duties of the
17 court visitor as the court deems necessary. The court visitor
18 shall thereafter continue to serve until discharged by the
19 court.
20 Sec. 20. Section 633.563, subsection 1, Code 2024, is
21 amended to read as follows:
22 1. At or before a hearing on a petition for the appointment
23 of a guardian or conservator or the modification or termination
24 of a guardianship or conservatorship, the court shall order a
25 professional evaluation of the respondent unless one of the
26 following criteria is met:
27 a. The court finds it has sufficient information to
28 determine whether the criteria for a guardianship or
29 conservatorship of an adult pursuant to section 633.552 or
30 633.553 are met.
31 b. The petitioner for a guardianship or conservatorship
32 for an adult or an adult respondent has filed a professional
33 evaluation.
34 c. The court finds that it has sufficient information to
35 determine whether the criteria for a conservatorship of a minor
1 pursuant to section 633.554 are met.
2 d. The petitioner for a conservatorship for a minor or a
3 minor respondent has filed a professional evaluation.
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4 Sec. 21. Section 633.564, subsection 1, Code 2024, is
5amended to read as follows:
6 1. The court shall request criminal record checks and
7checks of the child abuse, dependent adult abuse, and sexual
8offender registries in this state for all proposed guardians
9and conservators, other than financial institutions with Iowa
10trust powers, unless a proposed guardian or conservator has
11undergone the background check required by this section within
12the twelve months prior to the filing of a petition and the
13background check has been provided to the court.
14 Sec. 22. Section 633.569, subsections 1, 2, and 3, Code
152024, are amended to read as follows:
16 1. A person authorized to file a petition under section
17633.552, 633.553, or 633.554 633.556 or 633.557 may file an
18application for the emergency appointment of a temporary
19guardian or conservator.
20 2. Such application shall state all of the following:
21 a. The name and address of the respondent.
22 b. The name and address of the petitioner and the
23petitioner’s relationship to the respondent.
24 b. c. The name and address of the proposed guardian or
25conservator and the reason the proposed guardian or conservator
26should be selected.
27 d. The names and addresses, to the extent known, of any
28other persons who must be named in the petition for the
29appointment of a guardian or conservator under section 633.556
30or 633.557.
31 c. e. The reason the emergency appointment of a temporary
32guardian or conservator is sought.
33 3. The court may enter an ex parte order appointing a
34temporary guardian or conservator on an emergency basis under
35this section if the court finds that all of the following
1conditions are met:
2 a. There is not sufficient time to file a petition and hold
3
4a hearing pursuant to section 633.552, 633.553, or 633.554
633.556, 633.557, or 633.560.
5 b. The appointment of a temporary guardian or conservator
6 is necessary to avoid immediate or irreparable harm to the
7 respondent before a hearing with notice to the respondent can
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8 be held.
9 c. There is reason to believe that the basis for appointment
10 of guardian or conservator exists under section 633.552,
11 633.553, or 633.554 633.556 or 633.557.
12 Sec. 23. Section 633.569, Code 2024, is amended by adding
13 the following new subsections:
14 NEW SUBSECTION. 8. The court may order an extension of the
15 temporary guardianship or conservatorship for up to sixty days
16 for good cause shown, including a showing that a hearing on a
17 petition for a guardianship or conservatorship under section
18 633.556 or 633.557 cannot be scheduled within sixty days after
19 the order for a temporary guardianship or conservatorship is
20 issued. Prior to or contemporaneously with the filing for
21 an application for the extension of time, the guardian or
22 conservator shall file a report with the court setting forth
23 all of the following:
24 a. All actions conducted by the guardian or conservator on
25 behalf of the protected person from the time of the initial
26 appointment of the guardian up to the time of the report.
27 b. All actions that the guardian or conservator plans to
28 conduct on behalf of the protected person during the sixty-day
29 extension period.
30 NEW SUBSECTION. 9. The temporary guardian or conservator
31 shall submit any other report the court requires.
32 Sec. 24. Section 633.570, subsections 1 and 2, Code 2024,
33 are amended to read as follows:
34 1. In a proceeding for the appointment of a guardian, the
35 respondent shall be given written notice which advises the
1 respondent of the powers that the court may grant a guardian
2 may exercise without court approval pursuant to the powers set
3 out in section 633.635, subsection 2, and the powers that the
4 guardian may exercise only with court approval pursuant to set
5 out in section 633.635, subsection 3.
6 2. In a proceeding for the appointment of a conservator,
7 the respondent shall be given written notice which advises the
8 respondent of the powers that the court may grant a conservator
9 may exercise without court approval pursuant to section 633.646
10 and the powers that the conservator may exercise only with
11 court approval pursuant to section 633.647 the powers set out
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12 in section 633.642.
13 Sec. 25. Section 633.635, subsection 1, Code 2024, is
14 amended to read as follows:
15 1. The order by the court appointing a guardian shall state
16 the factual basis for the guardianship pursuant to section
17 633.552 and the date on which the first reporting period for
18 the guardianship shall end.
19 Sec. 26. Section 633.635, subsection 2, unnumbered
20 paragraph 1, Code 2024, is amended to read as follows:
21 Based upon the evidence produced at the hearing An order by
22 the court appointing a guardian for an adult shall state the
23 powers granted to the guardian until such time as the guardian
24 files an initial care plan and such plan is approved by the
25 court as required by section 633.669. Except as otherwise
26 limited by an order appointing a guardian for an adult, the
27 court may grant a guardian the following powers and duties with
28 respect to a protected person which may be exercised without
29 prior court approval:
30 Sec. 27. Section 633.635, subsection 3, unnumbered
31 paragraph 1, Code 2024, is amended to read as follows:
32 A Notwithstanding subsection 2, a guardian may be granted
33 the following powers which may only be exercised upon court
34 approval:
35 Sec. 28. Section 633.641, subsection 3, Code 2024, is
1 amended to read as follows:
2 3. If a protected person has executed a valid power of
3 attorney under chapter 633B, the conservator shall act in
4 accordance with the applicable provisions of chapter 633B
5 section 633B.108.
6 Sec. 29. Section 633.642, Code 2024, is amended by striking
7 the section and inserting in lieu thereof the following:
8 633.642 Powers of conservator.
9 1. An order by the court appointing a conservator shall
10 state the basis for the conservatorship pursuant to section
11 633.553 or section 633.554.
12 2. Upon appointment by the court, and until such time as the
13 conservator files an initial financial management plan and such
14 plan is approved by the court as required by section 633.670,
15 subsection 1, a conservator has the authority to exercise all
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16 powers applicable to fiduciaries pursuant to sections 633.63
17 through 633.162, unless expressly modified by the court or as
18 may be specifically expanded by the court for good cause shown.
19 3. In the order approving an initial financial management
20 plan or an annual report, the court shall approve and set forth
21 the specific powers of a conservator, which may be thereafter
22 exercised by the conservator until further court order.
23 4. Upon the filing of an approp