Relating to the opening of guardianships for adults and conservatorships for adults and minors and the administration of guardianships and conservatorships and including effective date and applicability provisions. Effective 1-1-20

The bill deletes provisions relating to guardianships for minors. The bill does not provide a process for a court to appoint a guardian for a minor. TERMINOLOGY. The current Code uses the term “proposed ward” to refer to persons alleged to be in need of a guardianship or conservatorship, and the term “ward” to refer to a person for whom the court has appointed a guardian or conservator. The bill substitutes the term “respondent” for the term “proposed ward”. The bill substitutes the term “protected person” for the term “ward”. BASIS FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR. The bill does not alter the current Code requirement for appointment of a guardian for an adult. The court must find by clear and convincing evidence that the adult has diminished decision-making capacity resulting in the adult’s inability to care for or protect the adult. The bill also does not alter the current Code requirement for appointment of a conservator for an adult. The court must find by clear and convincing evidence that the adult has diminished decision-making capacity resulting in the adult’s inability to manage the adult’s financial affairs. The current Code does not set forth the substantive criteria that must be met for the appointment of a conservator for a minor. The bill requires that the court find by a preponderance of evidence that a conservator is needed to manage or protect the minor’s funds or other assets. PETITION, NOTICE, AND HEARING. The bill amends and adds specific requirements regarding the contents of a guardianship or conservatorship petition, notice, and hearing. The bill states that the petition must contain a concise statement of the factual basis for the petition and a concise statement of why there is no less restrictive alternative to the appointment of a guardian or conservator. The bill also designates persons with an actual or potential interest in a guardianship or conservatorship proceeding who must be listed, if known, in the petition. ATTORNEY FOR RESPONDENT. The bill retains the current Code provision under which the respondent is entitled to be represented by a court-appointed attorney if indigent or incapable of requesting an attorney. The bill also retains the current Code provision describing the responsibilities of the attorney representing the respondent. GUARDIAN AD LITEM —— COURT VISITOR. The bill clarifies the distinction between the appointment and role of the attorney for the respondent and the guardian ad litem. In addition, the bill substitutes the term “court visitor” for the term “guardian ad litem”. The bill provides that a court may, but is not required to, appoint any qualified person as a court visitor to gather information for the court that the court needs to determine whether to grant the petition. The bill also provides that the attorney representing the respondent may not serve as a court visitor. COURT-ORDERED PROFESSIONAL EVALUATIONS. The bill authorizes the court to order a professional evaluation of the decision-making capacity and functional abilities and limitations of an adult in guardianship and conservatorship proceedings for the purpose of determining whether to establish, modify, or terminate a guardianship or conservatorship and whether a limited guardianship or conservatorship is appropriate. The evaluation must be conducted by a qualified professional and the results of the evaluation are confidential with access limited to specified individuals. BACKGROUND CHECKS OF PROPOSED GUARDIANS AND CONSERVATORS. The current Code does not require background checks of proposed guardians or conservators. The bill mandates that proposed guardians and conservators, other than financial institutions, undergo Iowa criminal record checks and checks of the Iowa child abuse, dependent adult abuse, and sexual offender registries. The bill directs the judicial branch, in collaboration with other relevant state agencies, to establish procedures for electronic access to the single contact repository for the conduct of background checks for a minimal fee. The bill gives the court discretion to evaluate the relevance of any negative background check information in determining the suitability of a person for appointment as a guardian or conservator. QUALIFICATIONS FOR APPOINTMENT OF A GUARDIAN OR CONSERVATOR. The bill retains the ability for the court to appoint any person as a guardian or conservator who is qualified, suitable, and willing to serve in that capacity. EMERGENCY APPOINTMENT OF TEMPORARY GUARDIAN OR CONSERVATOR. The bill authorizes the emergency appointment of a temporary guardian. The court may issue an ex parte order appointing a temporary guardian on an emergency basis under specified limited circumstances. ORDER APPOINTING GUARDIAN AND GUARDIAN’S POWERS, DUTIES, AND RESPONSIBILITIES. The bill sets forth the specific powers that the guardian may exercise without prior court approval and the specific powers that the guardian may exercise only with prior court approval. The bill also specifies the duties and responsibilities of the guardian. COURT MONITORING OF GUARDIANSHIPS AND CONSERVATORSHIPS. The bill contains provisions relating to the court’s ongoing responsibility to monitor guardianships and conservatorships to ensure the well-being and protection of persons subject to guardianship and conservatorship and to ensure the accountability of guardians and conservators. The bill provides that guardians must file an initial care plan within days of appointment for review and approval by the court. The bill retains the existing Code requirement that guardians thereafter file an annual report describing the protected person’s status and needs and the guardian’s activities. The bill likewise provides that conservators must file an initial financial management report and retains the existing Code requirement that conservators thereafter file annual reports and accountings. TERMINATION OF GUARDIANSHIPS AND CONSERVATORSHIPS. The bill authorizes the court to remove a guardian or conservator and appoint a successor guardian or conservator under certain circumstances. The bill likewise authorizes the court to modify or terminate a guardianship or conservatorship under certain circumstances.