Relating to the opening, administration, and termination of adult and minor guardianships and conservatorships, and including effective date and retroactive applicability provisions

This bill relates to the administration of adult and minor guardianships and conservatorships, and includes effective date and retroactive applicability provisions. Under current law, the juvenile court has exclusive jurisdiction of guardianship proceedings. The bill provides that the juvenile court also has exclusive jurisdiction over guardianships of minors. The bill changes a Code reference for a petition to appoint a conservator for a minor. The bill provides that notice of a guardianship proceeding must be given to any adult with whom the minor has lived for the six months immediately preceding the filing of the petition. 304. The bill strikes a reference to “without prior court approval” in a Code section listing powers a court may grant to a guardian. The bill also directs that the initial verified care plan must include the guardian’s plan for applying and receiving funds and benefits for the support of the minor. The bill amends current law to provide that Code sections apply to both guardianships and conservatorships of adults. The bill provides that a court visitor will be discharged upon the appointment of a guardian or conservator unless ordered by the court to continue. The bill specifies that a court-ordered professional evaluation conducted at or before a hearing on a petition for the appointment of a guardian or conservator must be filed with the court. The bill amends language concerning powers which a guardian or conservator may be granted that can be exercised without further court approval. The bill also amends powers of a conservator which require further court approval before being exercised. 2019 Iowa Acts, chapters and 57, amended the laws regarding guardianships and conservatorships, including requirements relating to required reports. The bill provides that for all guardianship cases wherein the guardianship was established and the guardian was appointed prior to January 1, 2020, the initial care plan for minors and for adults shall be filed with the previously scheduled annual report and not within days of the initial appointment as specified by 2019 Iowa Acts, chapters and 57, respectively. The annual report must comply with Code requirements and guardians appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the guardian’s previously scheduled annual report. This provision of the bill takes effect upon enactment and is retroactively applicable to January 1, 2020. The bill provides that for all conservatorship cases wherein the conservatorship was established and the conservator was appointed prior to January 1, 2020, the initial plan and inventory shall be filed with the previously scheduled annual report, and not within days of appointment as specified by 2019 Iowa Acts, chapter 57. The annual report must comply with Code requirements and conservators appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the conservator’s previously scheduled annual report. This provision of the bill takes effect upon enactment and is retroactively applicable to January 1, 2020.