SF 295 — A bill for an act concerning the creation, administration, and termination of adult and minor guardianships and conservatorships.

Section 633.556, subsection 4, Code 2024, is aamended mto eread nas tfollows: o r e aa sf o l l o w s :

The petition shall list the name and address of the respondent and petitioner^petitioner, and the petitioner'spetitioner’s relationship to the respondent.

Section 633.556, subsection 88, , Code 2024, is amended by striking the subsection.

NEW SUBSECTION.SUBSECTION .

A person entitled to notice under this subsection does not gain standing in a guardianship or conservatorship proceeding as a result of being entitled to notice unless so ordered by the ccourt. o u r t .

Section 633.560, subsection 3, Code 2024, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

The court shall require the proposed guardian or conservator to attend the hearing on the petition but the court may excuse the proposed guardian'sguardian’s or conservator'sconservator’s attendance for good cause shown.

The hearing may be recorded if a court reporter is not uused. s e d .

Section 633.561, subsection 1, paragraph b.b, Code 2024, is amended to read as follows:

Code 2024, is amended to read as follows:

NEW SUBSECTION.SUBSECTION .

The court may order a court visitor to continue to serve if the court ddetermines econtinued tservice ewould rbe min ithe nbest einterest sof c s e r v iw o u b ei nt h b e s i n t e r e s t o f the protected person.

The court visitor shall thereafter continue to serve until discharged by the ccourt. o u r t .

Section 633.563, subsection 11, , Code 2024, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

aa. .

TThe hcourt efinds c o u r t f i n d s i t h a s s u f f i c it onhas tsufficient iinformation nto f o r m a t i o n determine whether the criteria for a guardianship or conservatorship of an adult pursuant to section 633.552 or 3633.553 3are .met.

5a r m e t .

The petitioner for a guardianship or conservatorship for an adult or an adult respondent has filed a professional eevaluation. v a l u a t i o n .

TThe h e court ffinds i n d s that iit t has sufficient information to determine whether the criteria for a conservatorship of a minor pursuant to section 633.554 are met.

Section 633.564, subsection 1, Code 2024, is aamended mto eread nas tfollows: o r e aa sf o l l o w s :

The court shall request criminal record checks and checks of the child abuse, dependent adult abuse, and sexual offender registries in this state for all proposed guardians and conservators, other than financial institutions with Iowa trust powers, unless a proposed guardian or conservator has undergone the background check required by this section within the twelve months prior to the filing of a petition and the background check has been provided to the court.court .

Section 633.569, subsections 11, , 2, and 3, Code 2024, are amended to read as follows:

A person authorized to file a petition under section 633.552,633.552 , 633.553, or 633.554 633.556 or 633.557 may file an application for the emergency appointment of a temporary guardian or conservator.

The name and address of the petitioner and the petitioner'spetitioner’s relationship to the respondent.

b-r-b. The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator s h o u b es e l e c t e d .

c.

The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.

The names and addresses, to the extent known, of any other persons who must be named in the petition for the appointment of a guardian or conservator under section 633.556 oor r6633.557. 3 3 .

5c. 5 7 .

e-re. ^ The reason the emergency appointment of a temporary guardian or conservator is sought.

The reason the emergency appointment of a temporary guardian or conservator is sought.

The court may enter an ex parte order appointing a temporary guardian or conservator on an emergency basis under this section if the court finds that all of the following cconditions oare nmet: d i t a r m e t :

There is not sufficient time to file a petition and hold a hearing pursuant to section 633.552,633.552 633.553^, 633.553, or 633.554 3633.556, 3633.557, .or 633.560.

5 5 6 , 6 3 3 .

5 5 7 , or 633.560.

7 bbe ehheld e. l d , c.

Therec. is reason to believe that the basis for appointment of guardian or conservator exists under section 633.552y 633.553, or 633.554 633.556 or 633.557.

There is reason to believe that the basis for appointment of guardian or conservator exists under section 633.552 , 633.553 , or 633.554 633.556 or 633.557.

NEW SUBSECTION.SUBSECTION .

NEW SUBSECTION.SUBSECTION .

Section 633.570, subsections 1 and 2, Code 2024, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

In a proceeding for the appointment of a guardian, the respondent shall be given written notice which advises the respondent of the powers that the court may grant a guardian may exercise without court approval pursuant to the powers set out in section 633.635, subsection 2, and the powers that the guardian may oxorcisoexercise only with court approval pursuant to set out in section 633.635, subsection 3.

In a proceeding for the appointment of a conservator, the respondent shall be given written notice which advises the respondent of the powers that the court may grant a conservator may cxcrcisGexercise without court approval pursuant to ooctionsection 633.646 and the poworopowers that the conservator may exerciocexercise only with court approval pursuant to section 633.647 the powers set out Senate PileFile 295, p.

8 iin nssection e633.642 c t i6 3 3 .

6 4 2 .

Section 633.635, subsection 11, , Code 2024, is aamended mto eread nas tfollows: o r e aa s f o l l o w s :

The order by the court appointing a guardian shall state the factual basis for the guardianship pursuant to section 633.552 and the date on which the first reporting period for the guardianship shall end.end .

BaaedBased upon the ovidGnccevidence produced at the hearing An order by the court appointing a guardian for an adult shall state the powers granted to the guardian until such time as the guardian files an initial care plan and such plan is approved by the court as required by section 633.669.

Except as otherwise limited by an order appointing a guardian for an adult, the court may grant a guardian the following powers and duties with respect to a protected person which may be exercised without prior court approval:approval :

ftA Notwithstanding subsection 2, a guardian may be granted the following powers which may only be exercised upon court approval:

Section 633.641, subsection 3, Code 2024, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

If a protected person has executed a valid power of attorney under chapter 633B, the conservator shall act in accordance with the applicable provisions of chapter 633B ssection e633B.108 c t i6 3 3 B .

1 0 8 .

3633.642 3Powers .of conservator.

6P o w e r sc o n s e r v a t o r .

An order by the court appointing a conservator shall state the basis for the conservatorship pursuant to section 3633.553 3or .section 633.554.

5 5 s e c t 6 3 3 .

5 5 4 .

Upon issuance by the court of an order approving an initial financial management plan, approving an annual report, or further order of the court granting, modifying, limiting, or terminating powers of the conservator, the clerk of court shall issue new letters of appointment and shall attach to the new letters of appointment such order of the court containing the conservator'sconservator’s powers.

Section 633.669, subsection 1, Code 2024, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

The reports must be based on the needs of the protected person and take into account the best interest of the protected person as well as the protected person'sperson’s preference, values, and prior directions to the extent known to, or reasonably ascertainable by, the guardian.

a-ra. ^ Kn initial care plan filed within sixty days of appointment.

b.

An initial care plan filed within sixty days of appointment.

(1) The current residence of the protected person and the guardian'sguardian’s plan for the protected person'sperson’s living arrangements.

(2) The guardian'sguardian’s plan for payment of the protected person'sperson’s living expenses and other expenses.

(3) The If applicable, the protected person'sperson’s health status and health care needs, and the guardian'sguardian’s plan for meeting the protected person'sperson’s needs for medical, dental, and other health ccare aneeds. r n e e d s .

10 -H-)-(4) (5) If applicable, the guardian'sguardian’s plan for other professional services needed by the protected person.

(5)-(5) (6) If applicable, the guardian'sguardian’s plan for meeting the educational, training, and vocational needs of the protected pperson. e r s o n .

-6)-(6) (7) If applicable, the guardian'sguardian’s plan for facilitating the participation of the protected person in social activities.

-(-7^(7) (8) The guardian'sguardian’s plan for facilitating contacts between the protected person and the protected person'sperson’s family members and other significant persons significant in the life of the protected person.person .

----(8) (9) The guardian'sguardian’s plan for contact with, and activities on behalf of, the protected person.

b-rb. Cj_ hn annual report, filed within sixty days of the close of the reporting period, unless the court otherwise orders on good cause shown.

Thec. information in the annual report shall include but not be limited to the following i n f o r m a t i o n ;

(1)An Theannual currentreport, livingfiled arrangementswithin sixty days of the protectedclose pof ethe rreporting speriod, ounless nthe .court otherwise orders on good cause shown.

(2) The sourcesinformation ofin paymentthe forannual thereport protectedshall person'sinclude livingbut expensesnot andbe otherlimited expenses.to the following information:

(1) The current living arrangements of the protected person.

(2) The sources of payment for the protected person’s living expenses and other expenses.

(a) The protected person'sperson’s physical and mental health status and the health services including medical, dental, and other professional services provided to the protected person.

(b) If applicable,—theapplicable, the The protected person'sperson’s employment status and the educational, training, and vocational services provided to the protected person.

(c) The guardian'sguardian’s facilitation of the participation of the protected person in social activities.

-fe-)-(c) (d) The contact of the protected person with family members and other significant persons significant in the life of the protected person.person .

-(■4^(d) (e) The nature and eextent xteof n t o f the gguardian’s uvisits awith, rdand iaactivities non 'sbehalf vof, isthe itsprotected w ith ,and a c t iv iton b e h a lf othe p ro te c te d person.

(4) The gguardian’s uchanges ato rdthe ia n 's changethe care pplan lafor n fo r the Senate File 295, p.

-(-4^(4) (6) The guardian'sguardian’s recommendation as to the need for continuation of the guardianship.

-5)-(5) (7) The ability of the guardian to continue as guardian.

(6) (8) The need of the guardian for assistance in providing or arranging for the provision of the care and protection of the protected person.

gtc. dj_ A final report within thirty days of the termination of the guardianship under section 633.675 unless that time is extended by the court.

d.

A final report within thirty days of the termination of the guardianship under section 633.675 unless that time is extended by the court.

NEW SUBSECTION.SUBSECTION .

55. .

If the court ffinds i n d s that there aare r e reasonable grounds to believe that the guardian has committed tthe hoffense oof folder findividual eassault nounder fosection l d i n d i v i d u a l u n d s e c t i o n 708.2D, theft against an older individual under section 714.2A, consumer fraud against an older individual under section 714.16A, elder abuse under section 726.24, financial exploitation of an older individual under section 726.25, or dependent adult abuse under section 726.26, the court shall refer the matter to the appropriate county attorney for consideration of the initiation of criminal charges.

Except as otherwise ordered by the court under subsection ,7, a conservator shall file a verified initial financial management plan for protecting, managing, investing, expending, and distributing the assets of the conservatorship estate within ninety days after appointment, which shall not be waived by the court.

The plan must be based on the needs of the protected person and take into account the best interest of the protected person as well as the protected person'sperson’s preference, values, and prior directions to the extent known to, or reasonably Senate PileFile 295, p.

The plan must provide the protected person'sperson’s age, residence, living arrangements, and sources of payment for living expenses.

When the conservator files the plan, the conservator shall file, if applicable, the protected person'sperson’s will with the court clerk and the protected person'sperson’s prepaid burial trust and powers of attorney shall be described.

(1) The protected person'sperson’s receipts and income and the projected sources of income including, if applicable, wages, social security income, pension and retirement plan distribution, veterans'veterans’ benefits, rental income, interest earnings, and dividends, and the total estimated receipts and iincome. n c o m e .

(2) The protected person'sperson’s liabilities and debts including, if applicable, mortgage, car loans, credit card debt, federal, state, and property taxes owed, and the total estimated liabilities and debts;

and a list and concise explanation of the liability of any other person for a liability of the protected pperson. e r s o n .

(3) The protected person'sperson’s estimated expenses on a monthly and annual basis including, if applicable, nursing home or facility charge, expenses for residence, food and household expenses, utilities, household help and caregiver expenses, health services and health insurance expenses, educational and vocational expenses, personal auto and other transportation expenses, clothing expenses, personal allowance and other personal expenses, liabilities and debts, attorney fees and other professional expenses, conservator fees, and other administrative expenses.

The plan must include a list of the protected person'sperson’s assets and the conservator'sconservator’s plan for management of these assets including, if applicable, financial accounts including checking and certificates of deposit and cash, investments Senate File 295, p.

13 including stocks, bonds, mutual funds, exchange-traded funds, individual retirement accounts and other investment aaccounts, c c o u n t s , pension, profit-sharing, annuities, and retirement funds, personal property including household goods and vehicles, receivables including mortgages and liens payable to the protected person'sperson’s estate or trust, life insurance, and other property.

The conservator shall provide notice of the filing of the plan and a copy of the plan to the protected person, the protected person'sperson’s attorney, if any, and court visitor, if any, and others as directed by the court.

At least twenty days after the plan has been filed, the court shall review and determine whether the plan should be approved or revised, after considering objections filed and whether the plan is consistent with the conservator'sconservator’s powers aand nduties. d u t i e s .

After approval by the court, the conservator shall provide a copy of the approved plan and order approving the plan to the protected person, the protected person'sperson’s attorney, if any, and court visitor, if any, and others as directed by tthe hcourt. c o u r t .

A2. c o n s e r s h a a t t a t ot h i n i t i a l f i n a n c i a l management plan an inventory of the protected person's assets within ninety days after appointment which includes an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.

TheA conservator shall provideattach copiesto of the initial financial management plan an inventory toof the protected person,person’s theassets protectedwithin person'sninety attorney,days ifafter any,appointment andwhich courtincludes visitor,an ifoath any,or affirmation that the inventory is believed to be complete and othersaccurate as directedfar byas theinformation court.permits.

The conservator shall provide copies of the inventory to the protected person, the protected person’s attorney, if any, and court visitor, if any, and others as directed by the court.

When the conservator receives an additional property of the protected person, or becomes aware of its existence, a description of the property shall be included in the conservator'sconservator’s next annual report.

The annual report must provide the age, the residence, the living arrangements of the protected person, and sources of payment for the protected person'sperson’s living expenses during the reporting period.

The annual report must include the following income and expenditure information;information:

(1) If applicable, all income or funds received by the conservator on behalf of the protected person including the items specified in subsection 1, paragraph ,“d”, subparagraph (1).

(2) If applicable, all expenditures made by the conservator on behalf of the protected person including the items, if applicable, specified in subsection 1, paragraph ,“d”, subparagraph (3).

If any of the expenditures were paid wwith ithe tuse tof hcash uor swithdrawal eof ocash ffrom can aaccount sw i t h d r a w a l o f c a s h f r o m a n a c c o u n t of the protected person, the annual report shall include an explanation of the use of cash or withdrawal of cash.

15 “d”, and a request for approval of the proposed budget and authority to make expenditures in accordance with the proposed budget.

The conservator shall file a verified final report with tthe hcourt cas ofollows: u ra sf o l l o w s :

Upon the conservator'sconservator’s filing of a resignation and before the resignation is accepted by the court.

Reports required by this section shall be provided to the veterans administration if the protected person is receiving veterans'veterans’ benefits.

If the court finds that there are reasonable grounds to bbelieve ethat lthe iconservator ethas hcommitted atthe hoffense cof otheft n s e r vh a c o m m i t h o f f e no ft h e f t against an older individual under section 714.2A, consumer fraud against an older individual under section 714.16A, elder abuse under section 726.16A, financial exploitation of an older individual under section 726.25, or dependent adult abuse under section 726.26, the court shall refer the matter to the appropriate county attorney for consideration of the initiation of criminal charges.

Section 633.675, subsections 2 and 3, Code 2024, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

The court shall terminate a guardianship if it finds by clear and convincing ovidcncGevidence that the basis for appointing a guardian pursuant to section 633.552 has not been established.

The court shall terminate a conservatorship if the court finds by clear and convincing Gvidonceevidence that the basis for appointing a conservator pursuant to section 633.553 or 633.554 iis snnot osatisfied. s a t i s f i e d .

DDIVISION IIII VCONFORMING ICHANGES S I I I C O N F O R C H A N G E S Sec.

Section 10.1, subsection 77, , Code 2024, is amended tto orread eas aafollows: s f o l l o w s :

^Farm“Farm estate"estate” means the real and personal property of a decedent, a ward protected person, or a trust as provided in chapters 633 and 633A, if at least sixty percent of the gross receipts from the estate comes from farming.

Section 217.40, Code 2024, is amended to read as ffollows: o l l o w s :

The department, or a person designated by the director, shall establish training programs designed to assist all duly appointed guardians and conservators in understanding their fiduciary duties and liabilities, the special needs of the ward protected person, and how to best serve the ward protected person and the ward^sward’s protected person^sperson’s interests.

Section 231E.2, subsection 2, paragraph b.b, Code 2024, is amended to read as follows:

Code 2024, is amended to read as follows:

Section 231E.3, subsection 17, Code 2024, is aamended mto e n t o read aas sfollows: f o l l o w s :

Afford*'^Protected“Ward” person''“Protected person” means the individual for whom a guardianship or conservatorship is established.

Section 231E.4, subsection 3, paragraphs f and h.h, Code 2024, are amended to read as follows:

Code 2024, are amended to read as follows:

Section 231E.4, subsection 6, paragraph e.e, Code 2024, is amended to read as follows:

Code 2024, is amended to read as follows:

The rules may provide that the state office or a local office may investigate the financial status of a ward protected person or client that requests guardianship, conservatorship, or representative payee services or for whom the state public guardian or a local public guardian has been appointed for the purpose of determining the fee to be charged by requiring the ward protected person or client to provide any written authorizations necessary to provide access to records of public or private sources, otherwise confidential, needed to evaluate the individual'sindividual’s financial eligibility.

The rules Senate PileFile 295, p.

18 may also provide that the state public guardian or a local public guardian may, upon request and without payment of fees otherwise required by law, obtain information necessary to evaluate the individual'sindividual’s financial eligibility from any office of the state or of a political subdivision or agency of the state that possesses public records.

Section 231E.5, subsection 2, paragraph g, unnumbered paragraph 1, Code 2024, is amended to read as ffollows: o l l o w s :

Section 231E.5, subsection 2, paragraph g, subparagraphs (2), (3), and (4), Code 2024, are amended to read aas sffollows: o l l o w s :

(2) Determine whether the needs of the proposed ward protected person require the appointment of a guardian or cconservator. o n s e r v a t o r .

(3) Assess the financial resources of the proposed ward protected person based on the information supplied to the local office aat t the time of the determination.

(4) Inquire and, if appropriate, search to determine whether any other person may be willing and able to serve as the proposed ward'sward’s protected person'sperson’s guardian or conservator.

Section 231E.6, subsection 1, unnumbered paragraph ,1, Code 2024, is amended to read as follows:

Section 231E.7, subsection 3, Code 2024, is amended tto orread eas afollows: a sf o l l o w s :

The best interests of the ward protected person require tthe hintervention. ei n t e r v e n t i o n .

Section 231E.8, subsections 2, 3, and 4, Code 2024, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

The state office or local office shall maintain reasonable personal contact with each ward protected person or client for whom the state office or local office is appointed or designated in order to monitor the ward^sward’s protected person'sperson’s or client'sclient’s care and progress.

In any proceeding in which the state or a local office is appointed or is acting as guardian or conservator, the court shall waive court costs or filing fees, if the state office or llocal ooffice ccertifies ato lthe ocourt fthat fthe istate coffice e c e r t i f i e t h a t t h e s t a t e o f f i c e or local office has waived its fees in their entirety based upon the ability of the ward protected person to pay for the sservices eof rthe vstate ioffice cor etlocal hoffice. s t a o f f i c el o c a l o f f i c e .

Section 231E.8, subsection 6, paragraphs a, b, c, and dd, .Code 2024, are amended to read as follows:

Code 2024, are amended to read a s follows:

Section 252C.2, subsection 3, Code 2024, is amended tto orread eas afollows: a sf o l l o w s :

The provision of child support collection or paternity determination services under chapter 252B to an individual, even though the individual is ineligible for public assistance, creates a support debt due and owing to the individual or the individual'sindividual’s child or ward protected person by the responsible person in the amount of a support obligation established by court order or by the department.

The department may establish a support debt in favor of the individual or the individual'sindividual’s child or ward protected person and against the responsible person, both as to amounts accrued and accruing, pursuant to Senate File 295, p.

20 ssection e598.21B. c t i5 9 8 .

2 1 B .

Section 282.2, Code 2024, is amended to read as ffollows: o l l o w s :

The parent or guardian whose child or ward protected person attends school in a district of which the parent or guardian is nnot o t r e s i d e n t s h a lresident lshall bbe tallowed oto ddeduct ethe damount uof cschool t t h e a m o u n t o f s c h o o l tax paid by the parent or guardian in said district from the amount of tuition required to be paid.

Section 321.198, subsection 2, Code 2024, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

The provisions of this section shall also apply to the spouse and children, or ward protected person, of military personnel when such spouse, children, or ward protected person are living with the military personnel described in subsection 1 outside of the state of Iowa and provided that such extension of license does not exceed five years.

Section 321.219, subsection 11, , Code 2024, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

A person shall not cause or knowingly permit the person'sperson’s child or ward protected person under the age of eighteen years to drive a motor vehicle upon any highway when the minor is not authorized under this chapter.

Section 563.12, Code 2024, is amended to read as ffollows: o l l o w s :

563.12 Special agreements ——— evidence.

This chapter shall not prevent adjoining proprietors from entering into special agreements about walls on the lines between them, but no evidence thereof shall be competent unless in writing, signed by the parties thereto or their lawfully authorized agents, or the guardian of either, if a minor, who shall have full authority to act for the guardian'sguardian’s ward protected person in all matters relating to walls in common wwithout ian torder hof ocourt utherefor. t a n o f c o u t h e r e f o r .

Section 587.4, Code 2024, is amended to read as ffollows: o l l o w s :

In aall l l cases where decrees and orders of ccourt o u r t have been obtained for the sale of real estate by a guardian prior to Senate File 295, p.

Section 595.3, subsection 55, , Code 2024, is amended tto orread eas aafollows: s f o l l o w s :

Section 598.29, subsection 44, , Code 2024, is amended tto orread eas aafollows: s f o l l o w s :

Section 633.3, subsections 99, ,17, 1 7 , 22, and 23, Code 2024, are amended to read as follows:

^^Conservator''“Conservator” means a person appointed by the court to have the custody and control of the property of a ward protected person under the provisions of this probate code.

^Estate"“Estate” means the real and personal property of either a decedent or a ward protected person, and may also refer to the real and personal property of a trust described in section 3633.10. 3 .

1 0 .

^Guardian"“Guardian” means the person appointed by the court to have the custody of the person of the ward protected person under the provisions of this probate code.

''^Guardian“Guardian of the property"property” ——— at the election of the person appointed by the court to have the custody and care of the property of a ward protected person, the term '^guardian“guardian of the property"property” may be used, which term shall be synonymous with the term ^conservator".“conservator”.

Section 633.80, Code 2024, is amended to read as ffollows: o l l o w s :

22 A fiduciary has no authority to act in a matter wherein the fiduciary'sfiduciary’s decedent or ward protected person was merely a fiduciary, except that the fiduciary shall file a report and accounting on behalf of the decedent or ward protected person iin nssaid amatter. i m a t t e r .

Section 633.93, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.112, Code 2024, is amended to read as ffollows: o l l o w s ;

The court may require any person suspected of having possession of any property, including records and documents, of the decedent, ward protected person, or the estate, or of having had such property under the person'sperson’s control, to appear and submit to an examination under oath touching such matters, and if on such examination it appears that the person has the wrongful possession of any such property, the court may order the delivery thereof to the fiduciary.

Such a person shall be liable to the estate for all damages caused by the person'sperson’s aacts. c t s .

Section 633.580, subsections 1 and 4, Code 2024, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

A general description of the property of the proposed ward protected person within this state and of the proposed ward'sward’s protected person'sperson’s right to receive property;

also, the estimated present value of the real estate, the estimated value of the personal property, and the estimated gross annual income Senate PileFile 295, p.

Section 633.591A, Code 2024, is amended to read as ffollows: o l l o w s :

633.591A Voluntary petition for appointment of conservator for a minor ——— standby basis.

A person having physical and legal custody of a minor may execute a verified petition for the appointment of a standby conservator of the proposed ward^sward’s protected person^sperson’s property, upon the express condition that the petition shall be acted upon by the court only upon the occurrence of an event specified or the existence of a described condition of the mental or physical health of the petitioner, the occurrence of which event, or the existence of which condition, shall be established in the manner directed in the petition.

Section 633.603, Code 2024, is amended to read as ffollows: o l l o w s :

When there is no conservatorship, nor any application therefor pending, in this state, the duly qualified foreign conservator or guardian of a nonresident ward protected person may, upon application, be appointed conservator of the .property of such person in this state;

property of such person in this state;

Section 633.604, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.605, Code 2024, is amended to read as ffollows: o l l o w s :

A foreign conservator or guardian of a nonresident may be authorized by the court of the county wherein such ward protected person has personal property to receive the same upon compliance with the provisions of sections 633.606, 633.607 and 3633.608. 3 .

6 0 8 .

Section 633.607, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.633, Code 2024, is amended to read as ffollows: o l l o w s :

633.633 Provisions applicable to all fiduciaries shall ggovern. o v e r n .

The court shall then fix the terms and cconditions oof nsuch dbond. i t i o n s b o n d .

h Sec.

Section 633.633B, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.636, Code 2024, is amended to read as ffollows: o l l o w s :

The appointment of a guardian or conservator shall not Senate PileFile 295, p.

25 constitute an adjudication that the ward protected person is of uunsound nmind. s o m i n d .

Section 633.637, Code 2024, is amended to read as ffollows: o l l o w s ;

A ward protected person for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the ward protected person possesses the requisite testamentary capacity, unless the court determines that the ward protected person has a limited ability to handle the ward^sward’s protected person*sperson’s own funds.

If the court makes such a finding, the court shall specify to what extent the ward protected person may possess and use the ward*sward’s protected person*sperson’s own funds.

Any modification of the powers of the ward protected person that would be more restrictive of the ward*sward’s protected person*sperson’s control over the ward*3ward’s protected person*sperson’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator.

Any modification that would be less restrictive of the ward*sward’s protected person*sperson’s control over the ward*3ward’s protected person*sperson’s financial affairs shall be based upon proof in accordance with the requirements of section 633.675.

Section 633.637A, Code 2024, is amended to read as ffollows: o l l o w s :

An adult ward protected person under a guardianship has the right of communication, visitation, or interaction with other persons upon the consent of the adult ward protected person, subject to section 633.635, subsection 2, paragraph “i”, and section 633.635, subsection 3, paragraph If“c”. an adult ward protected person is unable to give express consent to such communication, visitation, or interaction with a person due to a physical or mental condition, consent of an adult ward protected person may be presumed by a guardian or a court based on an adult ward*s protected person's prior relationship with such person.

If an adult ward protected person is unable to give express consent to such communication, visitation, or interaction with a person due to a physical or mental condition, consent of an adult ward protected person may be presumed by a guardian or a court based on an adult ward’s protected person’s prior relationship with such person.

Section 633.638, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.639, Code 2024, is amended to read as ffollows: o l l o w s :

633.639 Title to ward^award’s protected person'sperson’s property.

Any real property titled at any time in the name of a conservatorship shall be deemed to be titled in the ward^award’s protected person*sperson’s name subject to the conservator'sconservator’s right of possession.

Section 633.640, Code 2024, is amended to read as ffollows: o l l o w s :

633.640 Conservator'sConservator’s right to possession.

The conservator may maintain an action for the possession of the property, and to determine the title to the ssame. a m e .

Section 633.643, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.644, Code 2024, is amended to read as ffollows: o l l o w s :

DponUpon receiving an instrument purporting to be the will of a Senate File 295, p.

Section 633.645, Code 2024, is amended to read as ffollows: o l l o w s ;

633.645 Court tto o deliver will tto o clerk.

Section 633.653A, Code 2024, is amended to read as ffollows: o l l o w s ;

Section 633.654, Code 2024, is amended to read as ffollows: o l l o w s :

633.654 Form and verification of claims ——— general requirements.

No claim shall be allowed against the estate of a ward protected person upon application of the claimant unless it shall be in writing, filed in duplicate with the clerk, stating the claimant'sclaimant’s name and address, and describing the nature and the amount thereof, if ascertainable.

28 by the clerk to the conservator or the conservator'sconservator’s attorney of record;

Section 633.656, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.660, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.661, Code 2024, is amended to read as ffollows: o l l o w s ;

3633.661 3Claims .of conservators.

6ClaimsIf othe fconservator conservators.is a creditor of the ward protected person, the conservator shall file the claim as other creditors, and the court shall appoint some competent person as temporary conservator to represent the ward protected person at the hearing on the conservator’s claim.

IfThe thesame conservatorprocedure is a creditor of the ward protected person, the conservator shall filebe thefollowed claimin as other creditors, and the courtcase shallof appointcoconservators somewhere competentall personsuch asconservators temporaryare conservatorcreditors toof represent the ward protected personperson; at the hearing on the conservator's claim.

Thebut sameif procedureone sof hthe acoconservators lis lnot b e f o li nt h e c a screditor eof othe fward cprotected operson, csuch odisinterested nconservator sshall erepresent rthe vward aprotected tperson oat rthe shearing won hany eclaim ragainst e a l l such conservators are creditors of the ward protected person;person by a coconservator.

but if o n e of the coconservators is not a creditor o f the ward protected person, such disinterested conservator shall represent the ward protected person at the hearing on any claim against the ward protected person by a coconservator.

Section 633.662, Code 2024, is amended to read as ffollows: o l l o w s :

3633.662 3Claims .not filed.

6Claims not f i l e d .

29 the ward protected person even though such claim has not been filed, but all such payments made by the conservator shall be at the conservator'sconservator’s own peril.

Section 633.664, Code 2024, is amended to read as ffollows: o l l o w s :

Nothing in sections 633.654 and 633.658 shall affect or prevent an action or proceeding to enforce any mortgage, pledge, or other lien upon the property of the ward protected pperson e r s o n .

Section 633.665, Code 2024, is amended to read as ffollows: o l l o w s :

Section 633.667, Code 2024, is amended to read as ffollows: o l l o w s :

When it appears that the assets in a conservatorship are insufficient to pay in full all the claims against such conservatorship, the conservator shall report such matter to the court, and the court shall, upon hearing, with notice to all persons who have filed claims in the conservatorship, make an order for the pro rata payment of claims giving claimants Senate PileFile 295, p.

Section 633.668, Code 2024, is amended to read as ffollows: o l l o w s ;

For good cause shown and under order of court, a conservator may make gifts on behalf of the ward protected person out of the assets under a conservatorship to persons or religious, educational, scientific, charitable, or other nonprofit organizations to whom or to which such gifts were regularly made prior to the commencement of the conservatorship, or on a showing to the court that such gifts would benefit the ward protected person or the ward'sward’s protected person'sperson’s estate from the standpoint of income, gift, estate or inheritance taxes.

Section 633.671, subsections 5 and 66, , Code 2024, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

The residence or physical location of the ward protected pperson. e r s o n .

Section 633.673, Code 2024, is amended to read as ffollows: o l l o w s :

The ward protected person or the ward'sward’s protected person'sperson’s estate shall be charged with the court costs of a ward'sward’s protected person'sperson’s guardianship, including the guardian'sguardian’s fees and the fees of the attorney for the guardian.

However, if the ward protected person or ward'sward’s protected person'sperson’s estate becomes financially capable of paying any waived costs, the costs shall be paid immediately.

Section 633.676, Code 2024, is amended to read as ffollows: o l l o w s :

3633.676 3Assets .exhausted.

6At Aany stime sthat ethe tassets sof ethe xward’s hprotected aperson’s uSenate sFile t295, ep. d .

At any time that the assets of the ward's protected person's Senate File 295, p.

Section 633.677, Code 2024, is amended to read as ffollows: o l l o w s :

633.677 Accounting to ward protected person ——— notice.

Upon the termination of a conservatorship, the conservator shall pay the costs of administration and shall render a full and complete accounting to the ward protected person or the ward^award’s protected person"sperson’s personal representative and to the court.

Notice of the final report of a conservator shall be served on the ward protected person or the ward^award’s protected person'sperson’s personal representative, in accordance with section 633.40, unless notice is waived.

Section 633.682, Code 2024, is amended to read as ffollows: o l l o w s :

Upon settlement of the final accounting of a conservator, and upon determining that the property of the ward protected person has been delivered to the person or persons lawfully entitled thereto, the court shall discharge the conservator and exonerate the surety on the conservator'sconservator’s bond.

Section 636.23, subsection 13, Code 2024, is aamended mto eread nas dtfollows: or e aa sf o l l o w s :

LiferLife, endowment or annuity contracts of legal reserve life insurance companies authorized to do business in Iowa.

The purchase of contracts authorized by this subsection shall be limited to executors or the successors to their powers when specifically authorized by will, and to guardians and trustees, in an amount not to exceed twenty-five percent of the value of the ward'sward’s protected person'sperson’s property in possession of the fiduciary.

32 aare rinvested itherein. n v e s t h e r e i n .

^Conservator''“Conservator” mesinsmeans the same as defined in section 633.3.

"^^Conservator"“Conservator” includes a person appointed to have the custody and control of the property of a ward protected person in a limited conservatorship unless otherwise provided by order of tthe hcourt. c o u r t .

^Guardian"“Guardian” means the same as defined in section 633.3.

"'^Guardian"“Guardian” includes a person appointed to have the custody and care of the person of the ward protected person in a limited guardianship unless otherwise provided by order of the court.

''"'ffard"^Protected“Ward” person"“Protected person” means an individual for whom a conservator or guardian has been appointed.

^Ward"“Ward” ^Protected“Protected person"person” includes an individual for whom an application for the appointment of a conservator or guardian is pending and for which a court order authorizing access under this chapter has been granted.

Section 638.3, subsection 1, paragraph c.c, Code 2024, is amended to read as follows:

Codec. 2024, is amended to read as follows:

c, A conservator or guardian acting for a ward protected person on or after July 1, 2017.

Section 638.14, Code 2024, is amended to read as ffollows: o l l o w s :

A written request for disclosure in physical or eelectronic lform. e c t r o n i c f o r m .

b,b. A file-stamped copy of the court order that gives the Senate File 295, p.

A file-stamped copy of the court order that gives the Senate File 295, p.

If requested by the custodian, any of the following;following:

(2) Evidence linking the account to the ward protected pperson. e r s o n .

Section 638.15, subsections 3, 44, , and 55, , Code 2024, aare ramended ato mread eas nfollows: dt or e aa sf o l l o w s :

A fiduciary acting within the scope of the fiduciary'sfiduciary’s duties is an authorized user of the property of the decedent, ward protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 716.SB.716.6B.

Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 1716.6B. 6 .

S B .

Section 692A.113, subsection 2, paragraph b.b, Code 2024, is amended to read as follows:

Code 2024, is amended to read as follows:

Who is the parent or legal guardian of a minor shall not Senate PileFile 295, p.

34 be in violation of subsection 1 solely during the period of time reasonably necessary to transport the offender'soffender’s own minor child or ward protected person to or from a place specified in ssubsection u1. b s e c 1 .

o n Sec.

Section 692A.114, subsection 3, paragraph f.f, Code 2024, is amended to read as follows:

Code 2024, is amended to read as follows:

Section 726.5, subsection 1, Code 2024, is amended tto orread eas aafollows: sf o l l o w s :

a,a. A person, who being able to do so, fails or refuses to provide support for the person's child or ward protected person under the age of eighteen years for a period longer than one year or in an amount greater than five thousand dollars commits the offense of nonsupport.

b, A personperson, shallwho notbeing beable held to havedo violatedso, thisfails sectionor ifrefuses theto personprovide failssupport tofor supportthe anyperson’s child or ward protected person under the age of eighteen whoyears hasfor lefta theperiod homelonger ofthan theone parentyear or otherin personan havingamount legalgreater custodythan offive thethousand childdollars orcommits ward protected person without the consentoffense of thatnonsupport. parent or person having legal custody of the child or ward protected p e r s o n .

Ab. M S I N C L A I R P A G R A S S L E Y President of the Senate Speaker of/the House I hereby certify that this bill originated in the Senate and is known as Senate File 295, Ninetieth General Assembly.

WA .Cperson Hshall Anot Rbe LSheld Mto Ihave Tviolated Hthis Ssection Oif Nthe Secretaryperson fails to support any child or ward protected person under the age of Approvedeighteen ,who 2024has Gleft othe vhome eof rthe nparent oor rother person having legal custody of the child or ward protected person without the consent of that parent or person having legal custody of the child or ward protected person.

______________________________ ______________________________ AMY SINCLAIR PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 295, Ninetieth General Assembly.

______________________________ W.

CHARLES SMITHSON Secretary of the Senate Approved _______________, 2024 ______________________________ KIM REYNOLDS Governor