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Amendments › SF 295

Amendment S-5037 to SF 295

Concerning the creation, administration, and termination of adult and minor guardianships and conservatorships

Never voted on

Filed March 4, 2024 in the Senate by

What it changes

  1. Page 1, line 3, by striking “2023” and inserting “2024”
  2. Page 1, line 11, by striking “2023” and inserting “2024”
  3. Page 1, line 16, by striking “2023” and inserting “2024”
  4. Page 1, line 25, by striking “2023” and inserting “2024”
  5. Page 1, line 29, by striking “2023” and inserting “2024”
  6. Page 2, line 5, by striking “2023” and inserting “2024”
  7. Page 2, line 9, by striking “2023” and inserting “2024”
  8. Page 2, line 12, by striking “thirty” and inserting “up to sixty”
  9. Page 2, line 15, by striking “thirty” and inserting “sixty”
  10. Page 2, line 23, by striking “thirty-day” and inserting “sixty-day”
  11. Page 2, line 27, by striking “2023” and inserting “2024”
  12. Page 3, line 2, by striking “2023” and inserting “2024”
  13. Page 3, line 7, by striking “2023” and inserting “2024”
  14. Page 3, line 32, by striking “2023” and inserting “2024”
  15. Page 4, line 1, by striking “2023” and inserting “2024”
  16. Page 4, line 6, by striking “2023” and inserting “2024”
  17. Page 4, after line 7 by inserting: “Sec. ___. Section 633.556, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION .
  18. The person listed in the petition for guardianship or conservatorship pursuant to subsections 4, 5, and 6 shall be given notice of the filing of the petition for guardianship or conservatorship pursuant to section 633.558. 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 court.”
  19. Page 4, line 8, by striking “2023” and inserting “2024”
  20. Page 4, line 14, by striking “2023” and inserting “2024”
  21. Page 4, after line 18 by inserting: “Sec. ___. Section 633.561, subsection 1, paragraph b, Code -1- SF 295.3377.H (1) 90 md 1/ 8 2024, is amended to read as follows: b. If the respondent is the petitioner or an adult under a standby petition, the court shall determine whether, under the circumstances of the case, the respondent is entitled to representation. The determination regarding representation may be made with or without notice to the respondent, as the court deems necessary. If the court determines that the respondent is entitled to representation, the court shall appoint an attorney to represent the respondent. After making the determination regarding representation, the court shall set a hearing on the petition, and provide for notice on the determination regarding representation and the date for hearing.”
  22. Page 4, line 19, by striking “2023” and inserting “2024”
  23. Page 4, after line 30 by inserting: “Sec. ___. Section 633.563, subsection 1, Code 2024, is amended to read as follows:
  24. At or before a hearing on a petition for the appointment of a guardian or conservator or the modification or termination of a guardianship or conservatorship, the court shall order a professional evaluation of the respondent unless one of the following criteria is met: a. The court finds it has sufficient information to determine whether the criteria for a guardianship or conservatorship of an adult pursuant to section 633.552 or 633.553 are met. b. The petitioner for a guardianship or conservatorship for an adult or an adult respondent has filed a professional evaluation. c. The court finds that it has sufficient information to determine whether the criteria for a conservatorship of a minor pursuant to section 633.554 are met. d. The petitioner for a conservatorship for a minor or a minor respondent has filed a professional evaluation.”
  25. Page 4, line 31, by striking “2023” and inserting “2024” -2- SF 295.3377.H (1) 90 md 2/ 8
  26. Page 5, line 7, by striking “2023” and inserting “2024”
  27. Page 6, line 4, by striking “2023” and inserting “2024”
  28. Page 6, line 7, by striking “thirty” and inserting “up to sixty”
  29. Page 6, line 10, by striking “thirty” and inserting “sixty”
  30. Page 6, line 20, by striking “thirty-day” and inserting “sixty-day”
  31. Page 6, line 24, by striking “2023” and inserting “2024”
  32. Page 7, line 5, by striking “2023” and inserting “2024”
  33. Page 7, line 12, by striking “2023” and inserting “2024”
  34. Page 7, line 23, by striking “2023” and inserting “2024”
  35. Page 7, line 27, by striking “2023” and inserting “2024”
  36. Page 7, line 33, by striking “2023” and inserting “2024”
  37. Page 8, line 9, after “court” by inserting “or as may be specifically expanded by the court for good cause shown.”
  38. Page 8, by striking lines 14 through 22 and inserting: “
  39. Upon the filing of an appropriate oath by the conservator, the clerk of court shall issue letters of appointment. 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’s powers.”
  40. Page 8, line 23, by striking “2023” and inserting “2024”
  41. Page 10, line 10, by striking “significant” and inserting “significant”
  42. Page 10, line 10, after “persons” by inserting “significant in the life of the protected person”
  43. Page 10, line 28, by striking “2023” and inserting “2024”
  44. Page 11, line 5, by striking “2023” and inserting “2024”
  45. Page 11, line 8, by striking “A conservator” and -3- SF 295.3377.H (1) 90 md 3/ 8 inserting “Except as otherwise ordered by the court under subsection 7, a conservator”
  46. Page 15, before line 28 by inserting: “
  47. The court may terminate a conservatorship upon written request by the conservator if all the following are true: a. The sole or nearly sole source of income of the respondent is social security benefits with a representative payee assigned. b. The court finds there are no other assets that require oversight or protection.”
  48. Page 15, line 28, by striking “2023” and inserting “2024”
  49. Page 16, line 4, by striking “2023” and inserting “2024”
  50. Page 16, by striking lines 10 through 19 and inserting: “Sec. ___. Section 217.40, Code 2024, is amended to read as follows: 217.40 Training for guardians and conservators. 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’s protected person’s interests.”
  51. Page 16, line 21, by striking “2023” and inserting “2024”
  52. Page 16, line 31, by striking “2023” and inserting “2024”
  53. Page 17, line 1, by striking “2023” and inserting “2024”
  54. Page 17, line 16, by striking “2023” and inserting “2024”
  55. Page 18, line 7, by striking “2023” and inserting “2024”
  56. Page 18, line 12, by striking “2023” and inserting “2024”
  57. Page 18, line 24, by striking “2023” and inserting “2024” -4- SF 295.3377.H (1) 90 md 4/ 8
  58. Page 18, line 33, by striking “2023” and inserting “2024”
  59. Page 19, line 2, by striking “2023” and inserting “2024”
  60. Page 19, line 22, by striking “2023” and inserting “2024”

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book