HF 1264

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to protective proceedings; adopting the 
  1.3             Uniform Guardianship and Protective Proceedings Act; 
  1.4             proposing coding for new law as Minnesota Statutes, 
  1.5             chapter 525A; repealing Minnesota Statutes 1998, 
  1.6             sections 529.539; 525.54; 525.541; 525.542; 525.543; 
  1.7             525.544; 525.55; 525.5501; 525.551; 525.5515; 525.552; 
  1.8             525.56; 525.561; 525.562; 525.57; 525.58; 525.581; 
  1.9             525.582; 525.583; 525.59; 525.591; 525.60; 525.61; 
  1.10            525.615; 525.6155; 515.616; 525.6165; 525.617; 
  1.11            525.6175; 525.618; 525.6185; 525.619; 525.6192; 
  1.12            525.6194; 525.6195; 525.6196; 525.6197; 525.6198; and 
  1.13            525.6199. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15                             ARTICLE 1 
  1.16                         GENERAL PROVISIONS 
  1.17     Section 1.  [525A.101] [SHORT TITLE.] 
  1.18     This chapter may be cited as the Uniform Guardianship and 
  1.19  Protective Proceedings Act. 
  1.20     Sec. 2.  [525A.102] [DEFINITIONS.] 
  1.21     Subdivision 1.  [SCOPE.] The definitions in this section 
  1.22  apply to this part. 
  1.23     Subd. 2.  [CLAIM.] "Claim," with respect to a protected 
  1.24  person, includes a claim against an individual, whether arising 
  1.25  in contract, tort, or otherwise, and a claim against an estate 
  1.26  which arises at or after the appointment of a conservator, 
  1.27  including expenses of administration. 
  1.28     Subd. 3.  [CONSERVATOR.] "Conservator" means a person who 
  1.29  is appointed by a court to manage the estate of a protected 
  2.1   person.  The term includes a limited conservator. 
  2.2      Subd. 4.  [COURT.] "Court" means the district court. 
  2.3      Subd. 5.  [GUARDIAN.] "Guardian" means a person who has 
  2.4   qualified as a guardian of a minor or incapacitated person 
  2.5   pursuant to appointment by a parent or spouse, or by the court.  
  2.6   The term includes a limited, emergency, and temporary substitute 
  2.7   guardian but not a guardian ad litem. 
  2.8      Subd. 6.  [INCAPACITATED PERSON.] "Incapacitated person" 
  2.9   means an individual who, for reasons other than being a minor, 
  2.10  is unable to receive and evaluate information or make or 
  2.11  communicate decisions to such an extent that the individual 
  2.12  lacks the ability to meet essential requirements for physical 
  2.13  health, safety, or self-care, even with appropriate 
  2.14  technological assistance. 
  2.15     Subd. 7.  [LEGAL REPRESENTATIVE.] "Legal representative" 
  2.16  includes a representative payee, a guardian or conservator 
  2.17  acting for a respondent in this state or elsewhere, a trustee or 
  2.18  custodian of a trust or custodianship of which the respondent is 
  2.19  a beneficiary, and an agent designated under a power of 
  2.20  attorney, whether for health care or property, in which the 
  2.21  respondent is identified as the principal. 
  2.22     Subd. 8.  [LETTERS.] "Letters" includes letters of 
  2.23  guardianship and letters of conservatorship. 
  2.24     Subd. 9.  [MINOR.] "Minor" means an unemancipated 
  2.25  individual who has not attained 18 years of age. 
  2.26     Subd. 10.  [PARENT.] "Parent" means a parent whose parental 
  2.27  rights have not been terminated. 
  2.28     Subd. 11.  [PERSON.] "Person" means an individual; 
  2.29  corporation; business trust; estate; trust; partnership; limited 
  2.30  partnership; limited liability company; association; joint 
  2.31  venture; government; governmental subdivision, agency, or 
  2.32  instrumentality; or any other legal or commercial entity. 
  2.33     Subd. 12.  [PROTECTED PERSON.] "Protected person" means a 
  2.34  minor or other individual for whom a conservator has been 
  2.35  appointed or other protective order has been made. 
  2.36     Subd. 13.  [RESPONDENT.] "Respondent" means an individual 
  3.1   for whom the appointment of a guardian or conservator or other 
  3.2   protective order is sought. 
  3.3      Subd. 14.  [STATE.] "State" means a state of the United 
  3.4   States, the District of Columbia, Puerto Rico, the United States 
  3.5   Virgin Islands, or any territory or insular possession subject 
  3.6   to the jurisdiction of the United States. 
  3.7      Subd. 15.  [TRIBE.] "Tribe" means an Indian tribe or band, 
  3.8   or Alaskan Native village, which is recognized by federal law or 
  3.9   formally acknowledged by a state. 
  3.10     Subd. 16.  [WARD.] "Ward" means an individual for whom a 
  3.11  guardian has been appointed. 
  3.12     Sec. 3.  [525A.103] [SUPPLEMENTAL GENERAL PRINCIPLES OF LAW 
  3.13  APPLICABLE.] 
  3.14     Unless displaced by the particular provisions of this 
  3.15  chapter, the principles of law and equity supplement its 
  3.16  provisions. 
  3.17     Sec. 4.  [525A.104] [FACILITY OF TRANSFER.] 
  3.18     (a) Unless a person required to transfer money or personal 
  3.19  property to a minor knows that a conservator has been appointed 
  3.20  or that a proceeding for appointment of a conservator of the 
  3.21  estate of the minor is pending, the person may do so, as to an 
  3.22  amount or value not exceeding $5,000 a year, by transferring it 
  3.23  to: 
  3.24     (1) a person who has the care and custody of the minor and 
  3.25  with whom the minor resides; 
  3.26     (2) a guardian of the minor; 
  3.27     (3) a custodian under the Uniform Transfers to Minors Act 
  3.28  or custodial trustee under the Uniform Custodial Trust Act; or 
  3.29     (4) a financial institution as a deposit in an 
  3.30  interest-bearing account or certificate in the sole name of the 
  3.31  minor and giving notice of the deposit to the minor. 
  3.32     (b) A person who transfers money or property in compliance 
  3.33  with this section is not responsible for its proper application. 
  3.34     (c) A guardian or other person who receives money or 
  3.35  property for a minor under paragraph (a), clause (1) or (2), may 
  3.36  only apply it to the support, care, education, health, and 
  4.1   welfare of the minor, and may not derive a personal financial 
  4.2   benefit except for reimbursement for necessary expenses.  Any 
  4.3   excess must be preserved for the future support, care, 
  4.4   education, health, and welfare of the minor, and any balance 
  4.5   must be transferred to the minor upon emancipation or attaining 
  4.6   majority. 
  4.7      Sec. 5.  [525A.105] [DELEGATION OF POWER BY PARENT OR 
  4.8   GUARDIAN.] 
  4.9      A parent or guardian of a minor or incapacitated person, by 
  4.10  a power of attorney, may delegate to another person, for a 
  4.11  period not exceeding six months, any power regarding care, 
  4.12  custody, or property of the minor or ward, except the power to 
  4.13  consent to marriage or adoption. 
  4.14     Sec. 6.  [525A.106] [SUBJECT MATTER JURISDICTION.] 
  4.15     This chapter applies to, and the court has jurisdiction 
  4.16  over, guardianship and related proceedings for individuals 
  4.17  domiciled or present in this state, protective proceedings for 
  4.18  individuals domiciled in or having property located in this 
  4.19  state, and property coming into the control of a guardian or 
  4.20  conservator who is subject to the laws of this state. 
  4.21     Sec. 7.  [525A.107] [TRANSFER OF JURISDICTION.] 
  4.22     (a) After the appointment of a guardian or conservator or 
  4.23  entry of another protective order, the court making the 
  4.24  appointment or entering the order may transfer the proceeding to 
  4.25  a court in another county in this state or to another state if 
  4.26  the court is satisfied that a transfer will serve the best 
  4.27  interest of the ward or protected person. 
  4.28     (b) If a guardianship or protective proceeding is pending 
  4.29  in another state or a foreign country and a petition for 
  4.30  guardianship or protective proceeding is filed in a court in 
  4.31  this state, the court in this state shall notify the original 
  4.32  court and, after consultation with the original court, assume or 
  4.33  decline jurisdiction, whichever is in the best interest of the 
  4.34  ward or protected person. 
  4.35     (c) A guardian, conservator, or equivalent fiduciary 
  4.36  appointed in another state may petition the court for 
  5.1   appointment as a guardian or conservator in this state if venue 
  5.2   in this state is or will be established.  The appointment may be 
  5.3   made upon proof of appointment in the other state and 
  5.4   presentation of a certified copy of the portion of the court 
  5.5   record in the other state specified by the court in this state.  
  5.6   Notice of hearing on the petition, together with a copy of the 
  5.7   petition, must be given to the ward or protected person if the 
  5.8   ward or protected person has attained 14 years of age, and to 
  5.9   the persons who would be entitled to notice if the regular 
  5.10  procedures for appointment of a guardian or conservator under 
  5.11  this chapter were applicable.  The court shall make the 
  5.12  appointment in this state unless it concludes that the 
  5.13  appointment would not be in the best interest of the ward or 
  5.14  protected person.  Upon the filing of an acceptance of office 
  5.15  and any required bond, the court shall issue appropriate letters 
  5.16  of guardianship or conservatorship.  Within 14 days after an 
  5.17  appointment, the guardian or conservator shall send or deliver a 
  5.18  copy of the order of appointment to the ward or protected person 
  5.19  if the ward or protected person has attained 14 years of age, 
  5.20  and to all persons given notice of the hearing on the petition. 
  5.21     Sec. 8.  [525A.108] [VENUE.] 
  5.22     (a) Venue for a guardianship proceeding for a minor is in 
  5.23  the county of this state in which the minor resides or is 
  5.24  present at the time the proceeding is commenced. 
  5.25     (b) Venue for a guardianship proceeding for an 
  5.26  incapacitated person is in the county of this state in which the 
  5.27  respondent resides and, if the respondent has been admitted to 
  5.28  an institution by order of a court of competent jurisdiction, in 
  5.29  the county in which the court is located.  Venue for the 
  5.30  appointment of an emergency or a temporary substitute guardian 
  5.31  of an incapacitated person is also in the county in which the 
  5.32  respondent is present. 
  5.33     (c) Venue for a protective proceeding is in the county of 
  5.34  this state in which the respondent resides, whether or not a 
  5.35  guardian has been appointed in another place or, if the 
  5.36  respondent does not reside in this state, in any county of this 
  6.1   state in which property of the respondent is located. 
  6.2      (d) If a proceeding under this chapter is brought in more 
  6.3   than one county in this state, the court of the county in which 
  6.4   the proceeding is first brought has the exclusive right to 
  6.5   proceed unless that court determines that venue is properly in 
  6.6   another court or that the interests of justice otherwise require 
  6.7   that the proceeding be transferred. 
  6.8      Sec. 9.  [525A.109] [PRACTICE IN COURT.] 
  6.9      (a) Except as otherwise provided in this chapter, the rules 
  6.10  of civil procedure, including the rules concerning appellate 
  6.11  review, govern proceedings under this chapter. 
  6.12     (b) If guardianship and protective proceedings as to the 
  6.13  same individual are commenced or pending in the same court, the 
  6.14  proceedings may be consolidated. 
  6.15     Sec. 10.  [525A.110] [LETTERS OF OFFICE.] 
  6.16     Upon the guardian's filing of an acceptance of office, the 
  6.17  court shall issue appropriate letters of guardianship.  Upon the 
  6.18  conservator's filing of an acceptance of office and any required 
  6.19  bond, the court shall issue appropriate letters of 
  6.20  conservatorship.  Letters of guardianship must indicate whether 
  6.21  the guardian was appointed by the court, a parent, or the 
  6.22  spouse.  Any limitation on the powers of a guardian or 
  6.23  conservator or of the assets subject to a conservatorship must 
  6.24  be endorsed on the guardian's or conservator's letters. 
  6.25     Sec. 11.  [525A.111] [EFFECT OF ACCEPTANCE OF APPOINTMENT.] 
  6.26     By accepting appointment, a guardian or conservator submits 
  6.27  personally to the jurisdiction of the court in any proceeding 
  6.28  relating to the guardianship or conservatorship.  The petitioner 
  6.29  shall send or deliver notice of any proceeding to the guardian 
  6.30  or conservator at the guardian's or conservator's address shown 
  6.31  in the court records and at any other address then known to the 
  6.32  petitioner. 
  6.33     Sec. 12.  [525A.112] [TERMINATION OF OR CHANGE IN 
  6.34  GUARDIAN'S OR CONSERVATOR'S APPOINTMENT.] 
  6.35     (a) The appointment of a guardian or conservator terminates 
  6.36  upon the death, resignation, or removal of the guardian or 
  7.1   conservator or upon termination of the guardianship or 
  7.2   conservatorship.  A resignation of a guardian or conservator is 
  7.3   effective when approved by the court.  A parental or spousal 
  7.4   appointment as guardian under an informally probated will 
  7.5   terminates if the will is later denied probate in a formal 
  7.6   proceeding.  Termination of the appointment of a guardian or 
  7.7   conservator does not affect the liability of either for previous 
  7.8   acts or the obligation to account for money and other assets of 
  7.9   the ward or protected person. 
  7.10     (b) A ward, protected person, or person interested in the 
  7.11  welfare of a ward or protected person may petition for removal 
  7.12  of a guardian or conservator on the ground that removal would be 
  7.13  in the best interest of the ward or protected person or for 
  7.14  other good cause.  A guardian or conservator may petition for 
  7.15  permission to resign.  A petition for removal or permission to 
  7.16  resign may include a request for appointment of a successor 
  7.17  guardian or conservator. 
  7.18     (c) The court may appoint an additional guardian or 
  7.19  conservator at any time, to serve immediately or upon some other 
  7.20  designated event, and may appoint a successor guardian or 
  7.21  conservator in the event of a vacancy or make the appointment in 
  7.22  contemplation of a vacancy, to serve if a vacancy occurs.  An 
  7.23  additional or successor guardian or conservator may file an 
  7.24  acceptance of appointment at any time after the appointment, but 
  7.25  not later than 30 days after the occurrence of the vacancy or 
  7.26  other designated event.  The additional or successor guardian or 
  7.27  conservator becomes eligible to act on the occurrence of the 
  7.28  vacancy or designated event, or the filing of the acceptance of 
  7.29  appointment, whichever last occurs.  A successor guardian or 
  7.30  conservator succeeds to the predecessor's powers, and a 
  7.31  successor conservator succeeds to the predecessor's title to the 
  7.32  protected person's assets. 
  7.33     Sec. 13.  [525A.113] [NOTICE.] 
  7.34     (a) Except as otherwise ordered by the court for good 
  7.35  cause, if notice of a hearing on a petition is required, other 
  7.36  than a notice for which specific requirements are otherwise 
  8.1   provided, the petitioner shall give notice of the time and place 
  8.2   of the hearing to the person to be notified.  Notice must be 
  8.3   given in compliance with the Minnesota Rules of Civil Procedure, 
  8.4   at least 14 days before the hearing.  
  8.5      (b) Proof of notice must be made before or at the hearing 
  8.6   and filed in the proceeding. 
  8.7      (c) A notice under this chapter must be given in plain 
  8.8   language. 
  8.9      Sec. 14.  [525A.114] [WAIVER OF NOTICE.] 
  8.10     A person may waive notice by a writing signed by the person 
  8.11  or the person's attorney and filed in the proceeding.  However, 
  8.12  a respondent, ward, or protected person may not waive notice. 
  8.13     Sec. 15.  [525A.115] [GUARDIAN AD LITEM.] 
  8.14     At any stage of a proceeding, a court may appoint a 
  8.15  guardian ad litem if the court determines that representation of 
  8.16  the interest otherwise would be inadequate.  If not precluded by 
  8.17  a conflict of interest, a guardian ad litem may be appointed to 
  8.18  represent several individuals or interests.  The court shall 
  8.19  state on the record the duties of the guardian ad litem and its 
  8.20  reasons for the appointment. 
  8.21     Sec. 16.  [525A.116] [REQUEST FOR NOTICE; INTERESTED 
  8.22  PERSONS.] 
  8.23     An interested person not otherwise entitled to notice who 
  8.24  desires to be notified before any order is made in a 
  8.25  guardianship proceeding, including a proceeding after the 
  8.26  appointment of a guardian, or in a protective proceeding, may 
  8.27  file a request for notice with the clerk of the court in which 
  8.28  the proceeding is pending.  The clerk shall send or deliver a 
  8.29  copy of the request to the guardian and to the conservator if 
  8.30  one has been appointed.  A request is not effective unless it 
  8.31  contains a statement showing the interest of the person making 
  8.32  it and the address of that person or a lawyer to whom notice is 
  8.33  to be given.  The request is effective only as to proceedings 
  8.34  conducted after its filing.  A governmental agency paying or 
  8.35  planning to pay benefits to the respondent or protected person 
  8.36  is an interested person in a protective proceeding. 
  9.1      Sec. 17.  [525A.117] [MULTIPLE APPOINTMENTS OR 
  9.2   NOMINATIONS.] 
  9.3      If a respondent or other person makes more than one written 
  9.4   appointment or nomination of a guardian or a conservator, the 
  9.5   most recent controls. 
  9.6                              ARTICLE 2 
  9.7                        GUARDIANSHIP OF MINOR 
  9.8      Sec. 18.  [525A.201] [APPOINTMENT AND STATUS OF GUARDIAN.] 
  9.9      A person becomes a guardian of a minor by parental 
  9.10  appointment or upon appointment by the court.  The guardianship 
  9.11  continues until terminated, without regard to the location of 
  9.12  the guardian or minor ward. 
  9.13     Sec. 19.  [525A.202] [PARENTAL APPOINTMENT OF GUARDIAN.] 
  9.14     (a) A guardian may be appointed by will or other signed 
  9.15  writing by a parent for any minor child the parent has or may 
  9.16  have in the future.  The appointment may specify the desired 
  9.17  limitations on the powers to be given to the guardian.  The 
  9.18  appointing parent may revoke or amend the appointment before 
  9.19  confirmation by the court. 
  9.20     (b) Upon petition of an appointing parent and a finding 
  9.21  that the appointing parent will likely become unable to care for 
  9.22  the child within two years, and after notice as provided in 
  9.23  section 525A.205, paragraph (a), the court, before the 
  9.24  appointment becomes effective, may confirm the parent's 
  9.25  selection of a guardian and terminate the rights of others to 
  9.26  object. 
  9.27     (c) Subject to section 525A.203, the appointment of a 
  9.28  guardian becomes effective upon the appointing parent's death, 
  9.29  an adjudication that the parent is an incapacitated person, or a 
  9.30  written determination by a physician who has examined the parent 
  9.31  that the parent is no longer able to care for the child, 
  9.32  whichever first occurs. 
  9.33     (d) The guardian becomes eligible to act upon the filing of 
  9.34  an acceptance of appointment, which must be filed within 30 days 
  9.35  after the guardian's appointment becomes effective.  The 
  9.36  guardian shall: 
 10.1      (1) file the acceptance of appointment and a copy of the 
 10.2   will with the court of the county in which the will was or could 
 10.3   be probated or, in the case of another appointing instrument, 
 10.4   file the acceptance of appointment and the appointing instrument 
 10.5   with the court of the county in which the minor resides or is 
 10.6   present; and 
 10.7      (2) give written notice of the acceptance of appointment to 
 10.8   the appointing parent, if living, the minor, if the minor has 
 10.9   attained 14 years of age, and a person other than the parent 
 10.10  having care and custody of the minor. 
 10.11     (e) Unless the appointment was previously confirmed by the 
 10.12  court, the notice given under paragraph (d), clause (2), must 
 10.13  include a statement of the right of those notified to terminate 
 10.14  the appointment by filing a written objection in the court as 
 10.15  provided in section 525A.203. 
 10.16     (f) Unless the appointment was previously confirmed by the 
 10.17  court, within 30 days after filing the notice and the appointing 
 10.18  instrument, a guardian shall petition the court for confirmation 
 10.19  of the appointment, giving notice in the manner provided in 
 10.20  section 525A.205, paragraph (a). 
 10.21     (g) The appointment of a guardian by a parent does not 
 10.22  supersede the parental rights of either parent.  If both parents 
 10.23  are dead or have been adjudged incapacitated persons, an 
 10.24  appointment by the last parent who died or was adjudged 
 10.25  incapacitated has priority.  An appointment by a parent which is 
 10.26  effected by filing the guardian's acceptance under a will 
 10.27  probated in the state of the testator's domicile is effective in 
 10.28  this state. 
 10.29     (h) The powers of a guardian who timely complies with the 
 10.30  requirements of paragraphs (d) and (f) relate back to give acts 
 10.31  by the guardian which are of benefit to the minor and occurred 
 10.32  on or after the date the appointment became effective the same 
 10.33  effect as those that occurred after the filing of the acceptance 
 10.34  of the appointment. 
 10.35     (i) The authority of a guardian appointed under this 
 10.36  section terminates upon the first to occur of the appointment of 
 11.1   a guardian by the court or the giving of written notice to the 
 11.2   guardian of the filing of an objection pursuant to section 
 11.3   525A.203. 
 11.4      Sec. 20.  [525A.203] [OBJECTION BY MINOR OR OTHERS TO 
 11.5   PARENTAL APPOINTMENT.] 
 11.6      Until the court has confirmed an appointee under section 
 11.7   525A.202, a minor who is the subject of an appointment by a 
 11.8   parent and who has attained 14 years of age, the other parent, 
 11.9   or a person other than a parent or guardian having care or 
 11.10  custody of the minor may prevent or terminate the appointment at 
 11.11  any time by filing a written objection in the court in which the 
 11.12  appointing instrument is filed and giving notice of the 
 11.13  objection to the guardian and any other persons entitled to 
 11.14  notice of the acceptance of the appointment.  An objection may 
 11.15  be withdrawn, and if withdrawn is of no effect.  The objection 
 11.16  does not preclude judicial appointment of the person selected by 
 11.17  the parent.  The court may treat the filing of an objection as a 
 11.18  petition for the appointment of an emergency or a temporary 
 11.19  guardian under section 525A.204, and proceed accordingly. 
 11.20     Sec. 21.  [525A.204] [JUDICIAL APPOINTMENT OF GUARDIAN; 
 11.21  CONDITIONS FOR APPOINTMENT.] 
 11.22     (a) A minor or a person interested in the welfare of a 
 11.23  minor may petition for appointment of a guardian. 
 11.24     (b) The court may appoint a guardian for a minor if the 
 11.25  court finds the appointment is in the minor's best interest, and:
 11.26     (i) the parent's consent; 
 11.27     (ii) all parental rights have been terminated; or 
 11.28     (iii) the parents are unwilling or unable to exercise their 
 11.29  parental rights. 
 11.30     (c) If a guardian is appointed by a parent pursuant to 
 11.31  section 525A.202 and the appointment has not been prevented or 
 11.32  terminated under section 525A.203, that appointee has priority 
 11.33  for appointment.  However, the court may proceed with another 
 11.34  appointment upon a finding that the appointee under section 
 11.35  525A.202 has failed to accept the appointment within 30 days 
 11.36  after notice of the guardianship proceeding. 
 12.1      (d) If necessary and on petition or motion and whether or 
 12.2   not the conditions of paragraph (b) have been established, the 
 12.3   court may appoint a temporary guardian for a minor upon a 
 12.4   showing that an immediate need exists and that the appointment 
 12.5   would be in the best interest of the minor.  Notice in the 
 12.6   manner provided in section 525A.113 must be given to the parents 
 12.7   and to a minor who has attained 14 years of age.  Except as 
 12.8   otherwise ordered by the court, the temporary guardian has the 
 12.9   authority of an unlimited guardian, but the duration of the 
 12.10  temporary guardianship may not exceed six months.  Within five 
 12.11  days after the appointment, the temporary guardian shall send or 
 12.12  deliver a copy of the order to all individuals who would be 
 12.13  entitled to notice of hearing under section 525A.205. 
 12.14     (e) If the court finds that following the procedures of 
 12.15  this article will likely result in substantial harm to a minor's 
 12.16  health or safety and that no other person appears to have 
 12.17  authority to act in the circumstances, the court, on appropriate 
 12.18  petition, may appoint an emergency guardian for the minor.  The 
 12.19  duration of the guardian's authority may not exceed 30 days and 
 12.20  the guardian may exercise only the powers specified in the 
 12.21  order.  Reasonable notice of the time and place of a hearing on 
 12.22  the petition for appointment of an emergency guardian must be 
 12.23  given to the minor, if the minor has attained 14 years of age, 
 12.24  to each living parent of the minor, and a person having care or 
 12.25  custody of the minor, if other than a parent.  The court may 
 12.26  dispense with the notice if it finds from affidavit or testimony 
 12.27  that the minor will be substantially harmed before a hearing can 
 12.28  be held on the petition.  If the guardian is appointed without 
 12.29  notice, notice of the appointment must be given within 48 hours 
 12.30  after the appointment and a hearing on the appropriateness of 
 12.31  the appointment held within five days after the appointment. 
 12.32     Sec. 22.  [525A.205] [JUDICIAL APPOINTMENT OF GUARDIAN; 
 12.33  PROCEDURE.] 
 12.34     (a) After a petition for appointment of a guardian is 
 12.35  filed, the court shall schedule a hearing, and the petitioner 
 12.36  shall give notice of the time and place of the hearing, together 
 13.1   with a copy of the petition, to: 
 13.2      (1) the minor, if the minor has attained 14 years of age 
 13.3   and is not the petitioner; 
 13.4      (2) any person alleged to have had the primary care and 
 13.5   custody of the minor during the 60 days before the filing of the 
 13.6   petition; 
 13.7      (3) each living parent of the minor or, if there is none, 
 13.8   the adult nearest in kinship that can be found; 
 13.9      (4) any person nominated as guardian by the minor if the 
 13.10  minor has attained 14 years of age; 
 13.11     (5) any appointee of a parent whose appointment has not 
 13.12  been prevented or terminated under section 525A.203; and 
 13.13     (6) any guardian or conservator currently acting for the 
 13.14  minor in this state or elsewhere. 
 13.15     (b) The court, upon hearing, shall make the appointment if 
 13.16  it finds that a qualified person seeks appointment, venue is 
 13.17  proper, the required notices have been given, the conditions of 
 13.18  section 525A.204, paragraph (b), have been met, and the best 
 13.19  interest of the minor will be served by the appointment.  In 
 13.20  other cases, the court may dismiss the proceeding or make any 
 13.21  other disposition of the matter that will serve the best 
 13.22  interest of the minor. 
 13.23     (c) If the court determines at any stage of the proceeding, 
 13.24  before or after appointment, that the interests of the minor are 
 13.25  or may be inadequately represented, it may appoint a lawyer to 
 13.26  represent the minor, giving consideration to the choice of the 
 13.27  minor if the minor has attained 14 years of age. 
 13.28     Sec. 23.  [525A.206] [JUDICIAL APPOINTMENT OF GUARDIAN; 
 13.29  PRIORITY OF MINOR'S NOMINEE; LIMITED GUARDIANSHIP.] 
 13.30     (a) The court shall appoint as guardian a person whose 
 13.31  appointment will be in the best interest of the minor.  The 
 13.32  court shall appoint a person nominated by the minor, if the 
 13.33  minor has attained 14 years of age, unless the court finds the 
 13.34  appointment will be contrary to the best interest of the minor. 
 13.35     (b) In the interest of developing self-reliance of a ward 
 13.36  or for other good cause, the court, at the time of appointment 
 14.1   or later, on its own motion or on motion of the minor ward or 
 14.2   other interested person, may limit the powers of a guardian 
 14.3   otherwise granted by this article and thereby create a limited 
 14.4   guardianship.  Following the same procedure, the court may grant 
 14.5   additional powers or withdraw powers previously granted. 
 14.6      Sec. 24.  [525A.207] [DUTIES OF GUARDIAN.] 
 14.7      (a) Except as otherwise limited by the court, a guardian of 
 14.8   a minor ward has the duties and responsibilities of a parent 
 14.9   regarding the ward's support, care, education, health, and 
 14.10  welfare.  A guardian shall act at all times in the ward's best 
 14.11  interest and exercise reasonable care, diligence, and prudence. 
 14.12     (b) A guardian shall:  
 14.13     (1) become or remain personally acquainted with the ward 
 14.14  and maintain sufficient contact with the ward to know of the 
 14.15  ward's capacities, limitations, needs, opportunities, and 
 14.16  physical and mental health; 
 14.17     (2) take reasonable care of the ward's personal effects and 
 14.18  bring a protective proceeding if necessary to protect other 
 14.19  property of the ward; 
 14.20     (3) expend money of the ward which has been received by the 
 14.21  guardian for the ward's current needs for support, care, 
 14.22  education, health, and welfare; 
 14.23     (4) conserve any excess money of the ward for the ward's 
 14.24  future needs, but if a conservator has been appointed for the 
 14.25  estate of the ward, the guardian shall pay the money at least 
 14.26  quarterly to the conservator to be conserved for the ward's 
 14.27  future needs; 
 14.28     (5) report the condition of the ward and account for money 
 14.29  and other assets in the guardian's possession or subject to the 
 14.30  guardian's control, as ordered by the court on application of 
 14.31  any person interested in the ward's welfare or as required by 
 14.32  court rule; and 
 14.33     (6) inform the court of any change in the ward's custodial 
 14.34  dwelling or address. 
 14.35     Sec. 25.  [525A.208] [POWERS OF GUARDIAN.] 
 14.36     (a) Except as otherwise limited by the court, a guardian of 
 15.1   a minor ward has the powers of a parent regarding the ward's 
 15.2   support, care, education, health, and welfare. 
 15.3      (b) A guardian may: 
 15.4      (1) apply for and receive money for the support of the ward 
 15.5   otherwise payable to the ward's parent, guardian, or custodian 
 15.6   under the terms of any statutory system of benefits or insurance 
 15.7   or any private contract, devise, trust, conservatorship, or 
 15.8   custodianship; 
 15.9      (2) if otherwise consistent with the terms of any order by 
 15.10  a court of competent jurisdiction relating to custody of the 
 15.11  ward, take custody of the ward and establish the ward's place of 
 15.12  custodial dwelling, but may only establish or move the ward's 
 15.13  custodial dwelling outside the state upon express authorization 
 15.14  of the court; 
 15.15     (3) if a conservator for the estate of a ward has not been 
 15.16  appointed with existing authority, commence a proceeding, 
 15.17  including an administrative proceeding, or take other 
 15.18  appropriate action to compel a person to support the ward or to 
 15.19  pay money for the benefit of the ward; 
 15.20     (4) consent to medical or other care, treatment, or service 
 15.21  for the ward; 
 15.22     (5) consent to the marriage of the ward; and 
 15.23     (6) if reasonable under all of the circumstances, delegate 
 15.24  to the ward certain responsibilities for decisions affecting the 
 15.25  ward's well-being. 
 15.26     (c) The court may specifically authorize the guardian to 
 15.27  consent to the adoption of the ward. 
 15.28     Sec. 26.  [525A.209] [RIGHTS AND IMMUNITIES OF GUARDIAN.] 
 15.29     (a) A guardian is entitled to reasonable compensation for 
 15.30  services as guardian and to reimbursement for room, board, and 
 15.31  clothing provided by the guardian to the ward, but only as 
 15.32  approved by the court.  If a conservator, other than the 
 15.33  guardian or a person who is affiliated with the guardian, has 
 15.34  been appointed for the estate of the ward, reasonable 
 15.35  compensation and reimbursement to the guardian may be approved 
 15.36  and paid by the conservator without order of the court. 
 16.1      (b) A guardian need not use the guardian's personal funds 
 16.2   for the ward's expenses.  A guardian is not liable to a third 
 16.3   person for acts of the ward solely by reason of the 
 16.4   guardianship.  A guardian is not liable for injury to the ward 
 16.5   resulting from the negligence or act of a third person providing 
 16.6   medical or other care, treatment, or service for the ward except 
 16.7   to the extent that a parent would be liable under the 
 16.8   circumstances. 
 16.9      Sec. 27.  [525A.210] [TERMINATION OF GUARDIANSHIP; OTHER 
 16.10  PROCEEDINGS AFTER APPOINTMENT.] 
 16.11     (a) A guardianship of a minor terminates upon the minor's 
 16.12  death, adoption, emancipation, or attainment of majority, or as 
 16.13  ordered by the court. 
 16.14     (b) A ward or a person interested in the welfare of a ward 
 16.15  may petition for any order that is in the best interest of the 
 16.16  ward.  The petitioner shall give notice of the hearing on the 
 16.17  petition to the ward, if the ward has attained 14 years of age 
 16.18  and is not the petitioner, the guardian, and any other person as 
 16.19  ordered by the court. 
 16.20                             ARTICLE 3 
 16.21                GUARDIANSHIP OF INCAPACITATED PERSON 
 16.22     Sec. 28.  [525A.301] [APPOINTMENT AND STATUS OF GUARDIAN.] 
 16.23     A person becomes a guardian of an incapacitated person by a 
 16.24  parental or spousal appointment or upon appointment by the 
 16.25  court.  The guardianship continues until terminated, without 
 16.26  regard to the location of the guardian or ward. 
 16.27     Sec. 29.  [525A.302] [APPOINTMENT OF GUARDIAN BY WILL OR 
 16.28  OTHER WRITING.] 
 16.29     (a) A parent, by will or other signed writing, may appoint 
 16.30  a guardian for an unmarried child who the parent believes is an 
 16.31  incapacitated person, specify desired limitations on the powers 
 16.32  to be given to the guardian, and revoke or amend the appointment 
 16.33  before confirmation by the court. 
 16.34     (b) An individual, by will or other signed writing, may 
 16.35  appoint a guardian for the individual's spouse who the 
 16.36  appointing spouse believes is an incapacitated person, specify 
 17.1   desired limitations on the powers to be given to the guardian, 
 17.2   and revoke or amend the appointment before confirmation by the 
 17.3   court. 
 17.4      (c) The incapacitated person, the person having care or 
 17.5   custody of the incapacitated person if other than the appointing 
 17.6   parent or spouse, or the adult nearest in kinship to the 
 17.7   incapacitated person may file a written objection to an 
 17.8   appointment, unless the court has confirmed the appointment 
 17.9   under paragraph (d).  The filing of the written objection 
 17.10  terminates the appointment.  An objection may be withdrawn and, 
 17.11  if withdrawn, is of no effect.  The objection does not preclude 
 17.12  judicial appointment of the person selected by the parent or 
 17.13  spouse.  Notice of the objection must be given to the guardian 
 17.14  and any other person entitled to notice of the acceptance of the 
 17.15  appointment.  The court may treat the filing of an objection as 
 17.16  a petition for the appointment of an emergency guardian under 
 17.17  section 525A.312 or for the appointment of a limited or 
 17.18  unlimited guardian under section 525A.304 and proceed 
 17.19  accordingly. 
 17.20     (d) Upon petition of the appointing parent or spouse, and a 
 17.21  finding that the appointing parent or spouse will likely become 
 17.22  unable to care for the incapacitated person within two years, 
 17.23  and after notice as provided in this section, the court, before 
 17.24  the appointment becomes effective, may confirm the appointing 
 17.25  parent's or spouse's selection of a guardian and terminate the 
 17.26  rights of others to object. 
 17.27     Sec. 30.  [525A.303] [APPOINTMENT OF GUARDIAN BY WILL OR 
 17.28  OTHER WRITING; EFFECTIVENESS; ACCEPTANCE; CONFIRMATION.] 
 17.29     (a) The appointment of a guardian under section 525A.302 
 17.30  becomes effective upon the death of the appointing parent or 
 17.31  spouse, the adjudication of incapacity of the appointing parent 
 17.32  or spouse, or a written determination by a physician who has 
 17.33  examined the appointing parent or spouse that the appointing 
 17.34  parent or spouse is no longer able to care for the incapacitated 
 17.35  person, whichever first occurs. 
 17.36     (b) A guardian appointed under section 525A.302 becomes 
 18.1   eligible to act upon the filing of an acceptance of appointment, 
 18.2   which must be filed within 30 days after the guardian's 
 18.3   appointment becomes effective.  The guardian shall: 
 18.4      (1) file the notice of acceptance of appointment and a copy 
 18.5   of the will with the court of the county in which the will was 
 18.6   or could be probated or, in the case of another appointing 
 18.7   instrument, file the acceptance of appointment and the 
 18.8   appointing instrument with the court in the county in which the 
 18.9   incapacitated person resides or is present; and 
 18.10     (2) give written notice of the acceptance of appointment to 
 18.11  the appointing parent or spouse if living, the incapacitated 
 18.12  person, a person having care or custody of the incapacitated 
 18.13  person other than the appointing parent or spouse, and the adult 
 18.14  nearest in kinship. 
 18.15     (c) Unless the appointment was previously confirmed by the 
 18.16  court, the notice given under paragraph (b), clause (2), must 
 18.17  include a statement of the right of those notified to terminate 
 18.18  the appointment by filing a written objection as provided in 
 18.19  section 525A.302. 
 18.20     (d) An appointment effected by filing the guardian's 
 18.21  acceptance under a will probated in the state of the testator's 
 18.22  domicile is effective in this state. 
 18.23     (e) Unless the appointment was previously confirmed by the 
 18.24  court, within 30 days after filing the notice and the appointing 
 18.25  instrument, a guardian appointed under section 525A.302 shall 
 18.26  file a petition in the court for confirmation of the appointment.
 18.27  Notice of the filing must be given in the manner provided in 
 18.28  section 525A.309. 
 18.29     (f) The authority of a guardian appointed under section 
 18.30  525A.302 terminates upon the appointment of a guardian by the 
 18.31  court or the giving of written notice to the guardian of the 
 18.32  filing of an objection pursuant to section 525A.302, whichever 
 18.33  first occurs.  
 18.34     (g) The appointment of a guardian under this section is not 
 18.35  a determination of incapacity. 
 18.36     (h) The powers of a guardian who timely complies with the 
 19.1   requirements of paragraphs (b) and (e) relate back to give acts 
 19.2   by the guardian which are of benefit to the incapacitated person 
 19.3   and occurred on or after the date the appointment became 
 19.4   effective with the same effect as those that occurred after the 
 19.5   filing of the acceptance of appointment. 
 19.6      Sec. 31.  [525A.304] [JUDICIAL APPOINTMENT OF GUARDIAN; 
 19.7   PETITION.] 
 19.8      (a) An individual or a person interested in the 
 19.9   individual's welfare may petition for a determination of 
 19.10  incapacity, in whole or in part, and for the appointment of a 
 19.11  limited or unlimited guardian for the individual. 
 19.12     (b) The petition must set forth the petitioner's name, 
 19.13  residence, current address if different, relationship to the 
 19.14  respondent, and interest in the appointment and, to the extent 
 19.15  known, state or contain the following with respect to the 
 19.16  respondent and the relief requested: 
 19.17     (1) the respondent's name, age, principal residence, 
 19.18  current street address, and, if different, the address of the 
 19.19  dwelling in which it is proposed that the respondent will reside 
 19.20  if the appointment is made; 
 19.21     (2) the name and address of the respondent's: 
 19.22     (i) spouse, or if the respondent has none, an adult with 
 19.23  whom the respondent has resided for more than six months before 
 19.24  the filing of the petition; and 
 19.25     (ii) adult children or, if the respondent has none, the 
 19.26  respondent's parents and adult brothers and sisters, or if the 
 19.27  respondent has none, at least one of the adults nearest in 
 19.28  kinship to the respondent who can be found; 
 19.29     (3) the name and address of any person responsible for care 
 19.30  or custody of the respondent; 
 19.31     (4) the name and address of any legal representative of the 
 19.32  respondent; 
 19.33     (5) the name and address of any person nominated as 
 19.34  guardian by the respondent; 
 19.35     (6) the name and address of any proposed guardian and the 
 19.36  reason why the proposed guardian should be selected; 
 20.1      (7) the reason why guardianship is necessary, including a 
 20.2   brief description of the nature and extent of the respondent's 
 20.3   alleged incapacity; 
 20.4      (8) if an unlimited guardianship is requested, the reason 
 20.5   why limited guardianship is inappropriate and, if a limited 
 20.6   guardianship is requested, the powers to be granted to the 
 20.7   limited guardian; and 
 20.8      (9) a general statement of the respondent's property with 
 20.9   an estimate of its value, including any insurance or pension, 
 20.10  and the source and amount of any other anticipated income or 
 20.11  receipts. 
 20.12     Sec. 32.  [525A.305] [JUDICIAL APPOINTMENT OF GUARDIAN; 
 20.13  PRELIMINARIES TO HEARING.] 
 20.14     (a) Upon receipt of a petition to establish a guardianship, 
 20.15  the court shall set a date and time for hearing the petition and 
 20.16  appoint a visitor.  The duties and reporting requirements of the 
 20.17  visitor are limited to the relief requested in the petition.  
 20.18  The visitor must be an individual having training or experience 
 20.19  in the type of incapacity alleged. 
 20.20     (b) The court shall appoint a lawyer to represent the 
 20.21  respondent in the proceeding if: 
 20.22     (1) requested by the respondent; 
 20.23     (2) recommended by the visitor; or 
 20.24     (3) the court determines that the respondent needs 
 20.25  representation. 
 20.26     (c) The visitor shall interview the respondent in person 
 20.27  and, to the extent that the respondent is able to understand: 
 20.28     (1) explain to the respondent the substance of the 
 20.29  petition, the nature, purpose, and effect of the proceeding, the 
 20.30  respondent's rights at the hearing, and the general powers and 
 20.31  duties of a guardian; 
 20.32     (2) determine the respondent's views about the proposed 
 20.33  guardian, the proposed guardian's powers and duties, and the 
 20.34  scope and duration of the proposed guardianship; 
 20.35     (3) inform the respondent of the right to employ and 
 20.36  consult with a lawyer at the respondent's own expense and the 
 21.1   right to request a court-appointed lawyer; and 
 21.2      (4) inform the respondent that all costs and expenses of 
 21.3   the proceeding, including respondent's attorney's fees, will be 
 21.4   paid from the respondent's estate. 
 21.5      (d) In addition to the duties imposed by paragraph (c), the 
 21.6   visitor shall: 
 21.7      (1) interview the petitioner and the proposed guardian; 
 21.8      (2) visit the respondent's present dwelling and any 
 21.9   dwelling in which the respondent will live if the appointment is 
 21.10  made; 
 21.11     (3) obtain information from any physician or other person 
 21.12  who is known to have treated, advised, or assessed the 
 21.13  respondent's relevant physical or mental condition; and 
 21.14     (4) make any other investigation the court directs. 
 21.15     (e) The visitor shall promptly file a report in writing 
 21.16  with the court, which must include: 
 21.17     (1) a recommendation as to whether a lawyer should be 
 21.18  appointed to represent the respondent; 
 21.19     (2) a summary of daily functions the respondent can manage 
 21.20  without assistance, could manage with the assistance of 
 21.21  supportive services or benefits, including use of appropriate 
 21.22  technological assistance, and cannot manage; 
 21.23     (3) recommendations regarding the appropriateness of 
 21.24  guardianship, including as to whether less restrictive means of 
 21.25  intervention are available, the type of guardianship, and, if a 
 21.26  limited guardianship, the powers to be granted to the limited 
 21.27  guardian; 
 21.28     (4) a statement of the qualifications of the proposed 
 21.29  guardian, together with a statement as to whether the respondent 
 21.30  approves or disapproves of the proposed guardian, and the powers 
 21.31  and duties proposed or the scope of the guardianship; 
 21.32     (5) a statement as to whether the proposed dwelling meets 
 21.33  the respondent's individual needs; 
 21.34     (6) a recommendation as to whether a professional 
 21.35  evaluation or further evaluation is necessary; and 
 21.36     (7) any other matters the court directs. 
 22.1      Sec. 33.  [525A.306] [JUDICIAL APPOINTMENT OF GUARDIAN; 
 22.2   PROFESSIONAL EVALUATION.] 
 22.3      At or before a hearing under this article, the court may 
 22.4   order a professional evaluation of the respondent and shall 
 22.5   order the evaluation if the respondent so demands.  If the court 
 22.6   orders the evaluation, the respondent must be examined by a 
 22.7   physician, psychologist, or other individual appointed by the 
 22.8   court who is qualified to evaluate the respondent's alleged 
 22.9   impairment.  The examiner shall promptly file a written report 
 22.10  with the court.  Unless otherwise directed by the court, the 
 22.11  report must contain: 
 22.12     (1) a description of the nature, type, and extent of the 
 22.13  respondent's specific cognitive and functional limitations; 
 22.14     (2) an evaluation of the respondent's mental and physical 
 22.15  condition and, if appropriate, educational potential, adaptive 
 22.16  behavior, and social skills; 
 22.17     (3) a prognosis for improvement and a recommendation as to 
 22.18  the appropriate treatment or habilitation plan; and 
 22.19     (4) the date of any assessment or examination upon which 
 22.20  the report is based. 
 22.21     Sec. 34.  [525A.307] [CONFIDENTIALITY OF RECORDS.] 
 22.22     The written report of a visitor and any professional 
 22.23  evaluation are confidential and must be sealed upon filing, but 
 22.24  are available to: 
 22.25     (1) the court; 
 22.26     (2) the respondent without limitation as to use; 
 22.27     (3) the petitioner, the visitor, and the petitioner's and 
 22.28  respondent's lawyers, for purposes of the proceeding; and 
 22.29     (4) other persons for such purposes as the court may order 
 22.30  for good cause. 
 22.31     Sec. 35.  [525A.308] [JUDICIAL APPOINTMENT OF GUARDIAN; 
 22.32  PRESENCE AND RIGHTS AT HEARING.] 
 22.33     (a) Unless excused by the court for good cause, the 
 22.34  proposed guardian shall attend the hearing.  The respondent 
 22.35  shall attend and participate in the hearing, unless excused by 
 22.36  the court for good cause.  The respondent may present evidence 
 23.1   and subpoena witnesses and documents; examine witnesses, 
 23.2   including any court-appointed physician, psychologist, or other 
 23.3   individual qualified to evaluate the alleged impairment, and the 
 23.4   visitor; and otherwise participate in the hearing.  The hearing 
 23.5   may be held in a location convenient to the respondent and may 
 23.6   be closed upon the request of the respondent and a showing of 
 23.7   good cause. 
 23.8      (b) Any person may request permission to participate in the 
 23.9   proceeding.  The court may grant the request, with or without 
 23.10  hearing, upon determining that the best interest of the 
 23.11  respondent will be served.  The court may attach appropriate 
 23.12  conditions to the participation. 
 23.13     Sec. 36.  [525A.309] [NOTICE.] 
 23.14     (a) A copy of a petition for guardianship and notice of the 
 23.15  hearing on the petition must be served personally on the 
 23.16  respondent.  The notice must include a statement that the 
 23.17  respondent must be physically present unless excused by the 
 23.18  court, inform the respondent of the respondent's rights at the 
 23.19  hearing, and include a description of the nature, purpose, and 
 23.20  consequences of an appointment.  A failure to serve the 
 23.21  respondent with a notice substantially complying with this 
 23.22  paragraph precludes the court from granting the petition. 
 23.23     (b) In a proceeding to establish a guardianship, notice of 
 23.24  the hearing must be given to the persons listed in the petition. 
 23.25  Failure to give notice under this paragraph does not preclude 
 23.26  the appointment of a guardian or the making of a protective 
 23.27  order. 
 23.28     (c) Notice of the hearing on a petition for an order after 
 23.29  appointment of a guardian, together with a copy of the petition, 
 23.30  must be given to the ward, the guardian, and any other person 
 23.31  the court directs. 
 23.32     (d) A guardian shall give notice of the filing of the 
 23.33  guardian's report, together with a copy of the report, to the 
 23.34  ward and any other person the court directs.  The notice must be 
 23.35  delivered or sent within 14 days after the filing of the report. 
 23.36     Sec. 37.  [525A.310] [WHO MAY BE GUARDIAN; PRIORITIES.] 
 24.1      (a) Subject to paragraph (c), the court in appointing a 
 24.2   guardian shall consider persons otherwise qualified in the 
 24.3   following order of priority: 
 24.4      (1) a guardian, other than a temporary or emergency 
 24.5   guardian, currently acting for the respondent in this state or 
 24.6   elsewhere; 
 24.7      (2) a person nominated as guardian by the respondent, 
 24.8   including the respondent's most recent nomination made in a 
 24.9   durable power of attorney, if at the time of the nomination the 
 24.10  respondent had sufficient capacity to express a preference; 
 24.11     (3) an agent appointed by the respondent under a durable 
 24.12  power of attorney for health care; 
 24.13     (4) the spouse of the respondent or a person nominated by 
 24.14  will or other signed writing of a deceased spouse; 
 24.15     (5) an adult child of the respondent; 
 24.16     (6) a parent of the respondent, or an individual nominated 
 24.17  by will or other signed writing of a deceased parent; and 
 24.18     (7) an adult with whom the respondent has resided for more 
 24.19  than six months before the filing of the petition. 
 24.20     (b) With respect to persons having equal priority, the 
 24.21  court shall select the one it considers best qualified.  The 
 24.22  court, acting in the best interest of the respondent, may 
 24.23  decline to appoint a person having priority and appoint a person 
 24.24  having a lower priority or no priority. 
 24.25     (c) An owner, operator, or employee of a long-term care 
 24.26  institution at which the respondent is receiving care may not be 
 24.27  appointed as guardian unless related to the respondent by blood, 
 24.28  marriage, or adoption. 
 24.29     Sec. 38.  [525A.311] [FINDINGS; ORDER OF APPOINTMENT.] 
 24.30     (a) The court may: 
 24.31     (1) appoint a limited or unlimited guardian for a 
 24.32  respondent only if it finds by clear and convincing evidence 
 24.33  that: 
 24.34     (i) the respondent is an incapacitated person; and 
 24.35     (ii) the respondent's identified needs cannot be met by 
 24.36  less restrictive means, including use of appropriate 
 25.1   technological assistance; or 
 25.2      (2) with appropriate findings, treat the petition as one 
 25.3   for a protective order under section 525A.401, enter any other 
 25.4   appropriate order, or dismiss the proceeding. 
 25.5      (b) The court, whenever feasible, shall grant to a guardian 
 25.6   only those powers necessitated by the ward's limitations and 
 25.7   demonstrated needs and make appointive and other orders that 
 25.8   will encourage the development of the ward's maximum 
 25.9   self-reliance and independence. 
 25.10     (c) Within 14 days after an appointment, a guardian shall 
 25.11  send or deliver to the ward and to all other persons given 
 25.12  notice of the hearing on the petition a copy of the order of 
 25.13  appointment, together with a notice of the right to request 
 25.14  termination or modification. 
 25.15     Sec. 39.  [525A.312] [EMERGENCY GUARDIAN.] 
 25.16     (a) If the court finds that compliance with the procedures 
 25.17  of this article will likely result in substantial harm to the 
 25.18  respondent's health, safety, or welfare, and that no other 
 25.19  person appears to have authority and willingness to act in the 
 25.20  circumstances, the court, on petition by a person interested in 
 25.21  the respondent's welfare, may appoint an emergency guardian 
 25.22  whose authority may not exceed 60 days and who may exercise only 
 25.23  the powers specified in the order.  Immediately upon receipt of 
 25.24  the petition for an emergency guardianship, the court shall 
 25.25  appoint a lawyer to represent the respondent in the proceeding.  
 25.26  Except as otherwise provided in paragraph (b), reasonable notice 
 25.27  of the time and place of a hearing on the petition must be given 
 25.28  to the respondent and any other persons as the court directs. 
 25.29     (b) An emergency guardian may be appointed without notice 
 25.30  to the respondent and the respondent's lawyer only if the court 
 25.31  finds from affidavit or testimony that the respondent will be 
 25.32  substantially harmed before a hearing on the appointment can be 
 25.33  held.  If the court appoints an emergency guardian without 
 25.34  notice to the respondent, the respondent must be given notice of 
 25.35  the appointment within 48 hours after the appointment.  The 
 25.36  court shall hold a hearing on the appropriateness of the 
 26.1   appointment within five days after the appointment. 
 26.2      (c) Appointment of an emergency guardian, with or without 
 26.3   notice, is not a determination of the respondent's incapacity. 
 26.4      (d) The court may remove an emergency guardian at any time. 
 26.5   An emergency guardian shall make any report the court requires. 
 26.6   In other respects, the provisions of this chapter concerning 
 26.7   guardians apply to an emergency guardian. 
 26.8      Sec. 40.  [525A.313] [TEMPORARY SUBSTITUTE GUARDIAN.] 
 26.9      (a) If the court finds that a guardian is not effectively 
 26.10  performing the guardian's duties and that the welfare of the 
 26.11  ward requires immediate action, it may appoint a temporary 
 26.12  substitute guardian for the ward for a specified period not 
 26.13  exceeding six months.  Except as otherwise ordered by the court, 
 26.14  a temporary substitute guardian so appointed has the powers set 
 26.15  forth in the previous order of appointment.  The authority of 
 26.16  any unlimited or limited guardian previously appointed by the 
 26.17  court is suspended as long as a temporary substitute guardian 
 26.18  has authority.  If an appointment is made without previous 
 26.19  notice to the ward or the affected guardian, the court, within 
 26.20  five days after the appointment, shall inform the ward or 
 26.21  guardian of the appointment. 
 26.22     (b) The court may remove a temporary substitute guardian at 
 26.23  any time.  A temporary substitute guardian shall make any report 
 26.24  the court requires.  In other respects, the provisions of this 
 26.25  chapter concerning guardians apply to a temporary substitute 
 26.26  guardian. 
 26.27     Sec. 41.  [525A.314] [DUTIES OF GUARDIAN.] 
 26.28     (a) Except as otherwise limited by the court, a guardian 
 26.29  shall make decisions regarding the ward's support, care, 
 26.30  education, health, and welfare.  A guardian shall exercise 
 26.31  authority only as necessitated by the ward's limitations and, to 
 26.32  the extent possible, shall encourage the ward to participate in 
 26.33  decisions, act on the ward's own behalf, and develop or regain 
 26.34  the capacity to manage the ward's personal affairs.  A guardian, 
 26.35  in making decisions, shall consider the expressed desires and 
 26.36  personal values of the ward to the extent known to the guardian. 
 27.1   A guardian at all times shall act in the ward's best interest 
 27.2   and exercise reasonable care, diligence, and prudence. 
 27.3      (b) A guardian shall: 
 27.4      (1) become or remain personally acquainted with the ward 
 27.5   and maintain sufficient contact with the ward to know of the 
 27.6   ward's capacities, limitations, needs, opportunities, and 
 27.7   physical and mental health; 
 27.8      (2) take reasonable care of the ward's personal effects and 
 27.9   bring protective proceedings if necessary to protect the 
 27.10  property of the ward; 
 27.11     (3) expend money of the ward that has been received by the 
 27.12  guardian for the ward's current needs for support, care, 
 27.13  education, health, and welfare; 
 27.14     (4) conserve any excess money of the ward for the ward's 
 27.15  future needs, but if a conservator has been appointed for the 
 27.16  estate of the ward, the guardian shall pay the money to the 
 27.17  conservator, at least quarterly, to be conserved for the ward's 
 27.18  future needs; 
 27.19     (5) immediately notify the court if the ward's condition 
 27.20  has changed so that the ward is capable of exercising rights 
 27.21  previously removed; and 
 27.22     (6) inform the court of any change in the ward's custodial 
 27.23  dwelling or address. 
 27.24     Sec. 42.  [525A.315] [POWERS OF GUARDIAN.] 
 27.25     (a) Except as otherwise limited by the court, a guardian 
 27.26  may: 
 27.27     (1) apply for and receive money payable to the ward or the 
 27.28  ward's guardian or custodian for the support of the ward under 
 27.29  the terms of any statutory system of benefits or insurance or 
 27.30  any private contract, devise, trust, conservatorship, or 
 27.31  custodianship; 
 27.32     (2) if otherwise consistent with the terms of any order by 
 27.33  a court of competent jurisdiction relating to custody of the 
 27.34  ward, take custody of the ward and establish the ward's place of 
 27.35  custodial dwelling, but may only establish or move the ward's 
 27.36  place of dwelling outside this state upon express authorization 
 28.1   of the court; 
 28.2      (3) if a conservator for the estate of the ward has not 
 28.3   been appointed with existing authority, commence a proceeding, 
 28.4   including an administrative proceeding, or take other 
 28.5   appropriate action to compel a person to support the ward or to 
 28.6   pay money for the benefit of the ward; 
 28.7      (4) consent to medical or other care, treatment, or service 
 28.8   for the ward; 
 28.9      (5) consent to the marriage or divorce of the ward; and 
 28.10     (6) if reasonable under all of the circumstances, delegate 
 28.11  to the ward certain responsibilities for decisions affecting the 
 28.12  ward's well-being. 
 28.13     (b) The court may specifically authorize the guardian to 
 28.14  consent to the adoption of the ward. 
 28.15     Sec. 43.  [525A.316] [RIGHTS AND IMMUNITIES OF GUARDIAN; 
 28.16  LIMITATIONS.] 
 28.17     (a) A guardian is entitled to reasonable compensation for 
 28.18  services as guardian and to reimbursement for room, board, and 
 28.19  clothing provided to the ward, but only as approved by order of 
 28.20  the court.  If a conservator, other than the guardian or one who 
 28.21  is affiliated with the guardian, has been appointed for the 
 28.22  estate of the ward, reasonable compensation and reimbursement to 
 28.23  the guardian may be approved and paid by the conservator without 
 28.24  order of the court. 
 28.25     (b) A guardian need not use the guardian's personal funds 
 28.26  for the ward's expenses.  A guardian is not liable to a third 
 28.27  person for acts of the ward solely by reason of the 
 28.28  relationship.  A guardian who exercises reasonable care in 
 28.29  choosing a third person providing medical or other care, 
 28.30  treatment, or service for the ward is not liable for injury to 
 28.31  the ward resulting from the wrongful conduct of the third party. 
 28.32     (c) A guardian, without authorization of the court, may not 
 28.33  revoke a power of attorney for health care of which the ward is 
 28.34  the principal.  If a power of attorney for health care is in 
 28.35  effect, absent an order of the court to the contrary, a health 
 28.36  care decision of the agent takes precedence over that of a 
 29.1   guardian. 
 29.2      (d) A guardian may not initiate the commitment of a ward to 
 29.3   a mental health care institution except in accordance with the 
 29.4   state's procedure for involuntary civil commitment. 
 29.5      Sec. 44.  [525A.317] [REPORTS; MONITORING OF GUARDIANSHIP.] 
 29.6      (a) Within 30 days after appointment, a guardian shall 
 29.7   report to the court in writing on the condition of the ward and 
 29.8   account for money and other assets in the guardian's possession 
 29.9   or subject to the guardian's control.  A guardian shall report 
 29.10  at least annually thereafter and whenever ordered by the court.  
 29.11  A report must state or contain: 
 29.12     (1) the current mental, physical, and social condition of 
 29.13  the ward; 
 29.14     (2) the living arrangements for all addresses of the ward 
 29.15  during the reporting period; 
 29.16     (3) the medical, educational, vocational, and other 
 29.17  services provided to the ward and the guardian's opinion as to 
 29.18  the adequacy of the ward's care; 
 29.19     (4) a summary of the guardian's visits with the ward and 
 29.20  activities on the ward's behalf and the extent to which the ward 
 29.21  has participated in making decisions; 
 29.22     (5) if the ward is institutionalized, whether the guardian 
 29.23  considers the current plan for care, treatment, or habilitation 
 29.24  to be in the ward's best interest; 
 29.25     (6) plans for future care; and 
 29.26     (7) a recommendation as to the need for continued 
 29.27  guardianship and any recommended changes in the scope of the 
 29.28  guardianship. 
 29.29     (b) The court may appoint a visitor to review a report, 
 29.30  interview the ward or guardian, and make any other investigation 
 29.31  the court directs. 
 29.32     (c) The court shall establish a system for monitoring 
 29.33  guardianships, including the filing and review of annual reports.
 29.34     Sec. 45.  [525A.318] [TERMINATION OR MODIFICATION OF 
 29.35  GUARDIANSHIP.] 
 29.36     (a) A guardianship terminates upon the death of the ward or 
 30.1   upon order of the court. 
 30.2      (b) On petition of a ward, a guardian, or another person 
 30.3   interested in the ward's welfare, the court may terminate a 
 30.4   guardianship if the ward no longer needs the assistance or 
 30.5   protection of a guardian.  The court may modify the type of 
 30.6   appointment or powers granted to the guardian if the extent of 
 30.7   protection or assistance previously granted is currently 
 30.8   excessive or insufficient or the ward's capacity to provide for 
 30.9   support, care, education, health, and welfare has so changed as 
 30.10  to warrant that action. 
 30.11     (c) Except as otherwise ordered by the court for good 
 30.12  cause, the court, before terminating a guardianship, shall 
 30.13  follow the same procedures to safeguard the rights of the ward 
 30.14  as apply to a petition for guardianship.  Upon presentation by 
 30.15  the petitioner of evidence establishing a prima facie case for 
 30.16  termination, the court shall order the termination unless it is 
 30.17  proven that continuation of the guardianship is in the best 
 30.18  interest of the ward. 
 30.19                             ARTICLE 4 
 30.20             PROTECTION OF PROPERTY OF PROTECTED PERSON 
 30.21     Sec. 46.  [525A.401] [PROTECTIVE PROCEEDING.] 
 30.22     Upon petition and after notice and hearing, the court may 
 30.23  appoint a limited or unlimited conservator or make any other 
 30.24  protective order provided in this article in relation to the 
 30.25  estate and affairs of: 
 30.26     (1) a minor, if the court determines that the minor owns 
 30.27  money or property requiring management or protection that cannot 
 30.28  otherwise be provided or has or may have business affairs that 
 30.29  may be put at risk or prevented because of the minor's age, or 
 30.30  that money is needed for support and education and that 
 30.31  protection is necessary or desirable to obtain or provide money; 
 30.32  or 
 30.33     (2) any individual, including a minor, if the court 
 30.34  determines that, for reasons other than age: 
 30.35     (a) by clear and convincing evidence, the individual is 
 30.36  unable to manage property and business affairs because of an 
 31.1   impairment in the ability to receive and evaluate information or 
 31.2   make decisions, even with the use of appropriate technological 
 31.3   assistance, or because the individual is missing, detained, or 
 31.4   unable to return to the United States; and 
 31.5      (b) by a preponderance of evidence, the individual has 
 31.6   property that will be wasted or dissipated unless management is 
 31.7   provided or money is needed for the support, care, education, 
 31.8   health, and welfare of the individual or of individuals who are 
 31.9   entitled to the individual's support and that protection is 
 31.10  necessary or desirable to obtain or provide money. 
 31.11     Sec. 47.  [525A.402] [JURISDICTION OVER BUSINESS AFFAIRS OF 
 31.12  PROTECTED PERSON.] 
 31.13     After the service of notice in a proceeding seeking a 
 31.14  conservatorship or other protective order and until termination 
 31.15  of the proceeding, the court in which the petition is filed has: 
 31.16     (1) exclusive jurisdiction to determine the need for a 
 31.17  conservatorship or other protective order; 
 31.18     (2) exclusive jurisdiction to determine how the estate of 
 31.19  the protected person which is subject to the laws of this state 
 31.20  must be managed, expended, or distributed to or for the use of 
 31.21  the protected person, individuals who are in fact dependent upon 
 31.22  the protected person, or other claimants; and 
 31.23     (3) concurrent jurisdiction to determine the validity of 
 31.24  claims against the person or estate of the protected person and 
 31.25  questions of title concerning assets of the estate. 
 31.26     Sec. 48.  [525A.403] [ORIGINAL PETITION FOR APPOINTMENT OR 
 31.27  PROTECTIVE ORDER.] 
 31.28     (a) The following may petition for the appointment of a 
 31.29  conservator or for any other appropriate protective order: 
 31.30     (1) the person to be protected; 
 31.31     (2) an individual interested in the estate, affairs, or 
 31.32  welfare of the person to be protected, including a parent, 
 31.33  guardian, or custodian; or 
 31.34     (3) a person who would be adversely affected by lack of 
 31.35  effective management of the property and business affairs of the 
 31.36  person to be protected. 
 32.1      (b) A petition under paragraph (a) must set forth the 
 32.2   petitioner's name, residence, current address if different, 
 32.3   relationship to the respondent, and interest in the appointment 
 32.4   or other protective order, and, to the extent known, state or 
 32.5   contain the following with respect to the respondent and the 
 32.6   relief requested: 
 32.7      (1) the respondent's name, age, principal residence, 
 32.8   current street address, and, if different, the address of the 
 32.9   dwelling where it is proposed that the respondent will reside if 
 32.10  the appointment is made; 
 32.11     (2) if the petition alleges impairment in the respondent's 
 32.12  ability to receive and evaluate information, a brief description 
 32.13  of the nature and extent of the respondent's alleged impairment; 
 32.14     (3) if the petition alleges that the respondent is missing, 
 32.15  detained, or unable to return to the United States, a statement 
 32.16  of the relevant circumstances, including the time and nature of 
 32.17  the disappearance or detention and a description of any search 
 32.18  or inquiry concerning the respondent's whereabouts; 
 32.19     (4) the name and address of the respondent's: 
 32.20     (i) spouse or, if the respondent has none, an adult with 
 32.21  whom the respondent has resided for more than six months before 
 32.22  the filing of the petition; and 
 32.23     (ii) adult children or, if the respondent has none, the 
 32.24  respondent's parents and adult brothers and sisters or, if the 
 32.25  respondent has none, at least one of the adults nearest in 
 32.26  kinship to the respondent who can be found; 
 32.27     (5) the name and address of the person responsible for care 
 32.28  or custody of the respondent; 
 32.29     (6) the name and address of any legal representative of the 
 32.30  respondent; 
 32.31     (7) a general statement of the respondent's property with 
 32.32  an estimate of its value, including any insurance or pension, 
 32.33  and the source and amount of other anticipated income or 
 32.34  receipts; and 
 32.35     (8) the reason why a conservatorship or other protective 
 32.36  order is in the best interest of the respondent. 
 33.1      (c) If a conservatorship is requested, the petition must 
 33.2   also set forth to the extent known: 
 33.3      (1) the name and address of any proposed conservator and 
 33.4   the reason why the proposed conservator should be selected; 
 33.5      (2) the name and address of any person nominated as 
 33.6   conservator by the respondent if the respondent has attained 14 
 33.7   years of age; and 
 33.8      (3) the type of conservatorship requested and, if an 
 33.9   unlimited conservatorship, the reason why limited 
 33.10  conservatorship is inappropriate or, if a limited 
 33.11  conservatorship, the property to be placed under the 
 33.12  conservator's control and any limitation on the conservator's 
 33.13  powers and duties. 
 33.14     Sec. 49.  [525A.404] [NOTICE.] 
 33.15     (a) A copy of the petition and the notice of hearing on a 
 33.16  petition for conservatorship or other protective order must be 
 33.17  served personally on the respondent, but if the respondent's 
 33.18  whereabouts is unknown or personal service cannot be made, 
 33.19  service on the respondent must be made by substituted service.  
 33.20  The notice must include a statement that the respondent must be 
 33.21  physically present unless excused by the court, inform the 
 33.22  respondent of the respondent's rights at the hearing, and, if 
 33.23  the appointment of a conservator is requested, include a 
 33.24  description of the nature, purpose, and consequences of an 
 33.25  appointment.  A failure to serve the respondent with a notice 
 33.26  substantially complying with this paragraph precludes the court 
 33.27  from granting the petition. 
 33.28     (b) In a proceeding to establish a conservatorship or for 
 33.29  another protective order, notice of the hearing must be given to 
 33.30  the persons listed in the petition.  Failure to give notice 
 33.31  under this paragraph does not preclude the appointment of a 
 33.32  conservator or the making of another protective order. 
 33.33     (c) Notice of the hearing on a petition for an order after 
 33.34  appointment of a conservator or making of another protective 
 33.35  order, together with a copy of the petition, must be given to 
 33.36  the protected person, if the protected person has attained 14 
 34.1   years of age and is not missing, detained, or unable to return 
 34.2   to the United States, any conservator of the protected person's 
 34.3   estate, and any other person as ordered by the court. 
 34.4      (d) A conservator shall give notice of the filing of the 
 34.5   conservator's inventory, report, or plan of conservatorship, 
 34.6   together with a copy of the inventory, report, or plan of 
 34.7   conservatorship to the protected person and any other person the 
 34.8   court directs.  The notice must be delivered or sent within 14 
 34.9   days after the filing of the inventory, report, or plan of 
 34.10  conservatorship. 
 34.11     Sec. 50.  [525A.405] [MINORS; PRELIMINARIES TO HEARING.] 
 34.12     (a) Upon the filing of a petition to establish a 
 34.13  conservatorship or for another protective order for the reason 
 34.14  that the respondent is a minor, the court shall set a date for 
 34.15  hearing.  If the court determines at any stage of the proceeding 
 34.16  that the interests of the minor are or may be inadequately 
 34.17  represented, it may appoint a lawyer to represent the minor, 
 34.18  giving consideration to the choice of the minor if the minor has 
 34.19  attained 14 years of age. 
 34.20     (b) While a petition to establish a conservatorship or for 
 34.21  another protective order is pending, after preliminary hearing 
 34.22  and without notice to others, the court may make orders to 
 34.23  preserve and apply the property of the minor as may be required 
 34.24  for the support of the minor or individuals who are in fact 
 34.25  dependent upon the minor.  The court may appoint a master to 
 34.26  assist in that task. 
 34.27     Sec. 51.  [525A.406] [PRELIMINARIES TO HEARING.] 
 34.28     (a) Upon the filing of a petition for a conservatorship or 
 34.29  other protective order for a respondent for reasons other than 
 34.30  being a minor, the court shall set a date for hearing.  The 
 34.31  court shall appoint a visitor unless the petition does not 
 34.32  request the appointment of a conservator and the respondent is 
 34.33  represented by a lawyer.  The duties and reporting requirements 
 34.34  of the visitor are limited to the relief requested in the 
 34.35  petition.  The visitor must be an individual having training or 
 34.36  experience in the type of incapacity alleged. 
 35.1      (b) The court shall appoint a lawyer to represent the 
 35.2   respondent in the proceeding if: 
 35.3      (1) requested by the respondent; 
 35.4      (2) recommended by the visitor; or 
 35.5      (3) the court determines that the respondent needs 
 35.6   representation. 
 35.7      (c) The visitor shall interview the respondent in person 
 35.8   and, to the extent that the respondent is able to understand: 
 35.9      (1) explain to the respondent the substance of the petition 
 35.10  and the nature, purpose, and effect of the proceeding; 
 35.11     (2) if the appointment of a conservator is requested, 
 35.12  inform the respondent of the general powers and duties of a 
 35.13  conservator and determine the respondent's views regarding the 
 35.14  proposed conservator, the proposed conservator's powers and 
 35.15  duties, and the scope and duration of the proposed 
 35.16  conservatorship; 
 35.17     (3) inform the respondent of the respondent's rights, 
 35.18  including the right to employ and consult with a lawyer at the 
 35.19  respondent's own expense, and the right to request a 
 35.20  court-appointed lawyer; and 
 35.21     (4) inform the respondent that all costs and expenses of 
 35.22  the proceeding, including respondent's attorney's fees, will be 
 35.23  paid from the respondent's estate. 
 35.24     (d) In addition to the duties imposed by paragraph (c), the 
 35.25  visitor shall: 
 35.26     (1) interview the petitioner and the proposed conservator, 
 35.27  if any; and 
 35.28     (2) make any other investigation the court directs. 
 35.29     (e) The visitor shall promptly file a report with the 
 35.30  court, which must include: 
 35.31     (1) a recommendation as to whether a lawyer should be 
 35.32  appointed to represent the respondent; 
 35.33     (2) recommendations regarding the appropriateness of a 
 35.34  conservatorship, including whether less restrictive means of 
 35.35  intervention are available, the type of conservatorship, and, if 
 35.36  a limited conservatorship, the powers and duties to be granted 
 36.1   the limited conservator, and the assets over which the 
 36.2   conservator should be granted authority; 
 36.3      (3) a statement of the qualifications of the proposed 
 36.4   conservator, together with a statement as to whether the 
 36.5   respondent approves or disapproves of the proposed conservator, 
 36.6   and a statement of the powers and duties proposed or the scope 
 36.7   of the conservatorship; 
 36.8      (4) a recommendation as to whether a professional 
 36.9   evaluation or further evaluation is necessary; and 
 36.10     (5) any other matters the court directs. 
 36.11     (f) The court may also appoint a physician, psychologist, 
 36.12  or other individual qualified to evaluate the alleged impairment 
 36.13  to conduct an examination of the respondent. 
 36.14     (g) While a petition to establish a conservatorship or for 
 36.15  another protective order is pending, after preliminary hearing 
 36.16  and without notice to others, the court may issue orders to 
 36.17  preserve and apply the property of the respondent as may be 
 36.18  required for the support of the respondent or individuals who 
 36.19  are in fact dependent upon the respondent.  The court may 
 36.20  appoint a master to assist in that task. 
 36.21     Sec. 52.  [525A.407] [CONFIDENTIALITY OF RECORDS.] 
 36.22     The written report of a visitor and any professional 
 36.23  evaluation are confidential and must be sealed upon filing, but 
 36.24  are available to: 
 36.25     (1) the court; 
 36.26     (2) the respondent without limitation as to use; 
 36.27     (3) the petitioner, the visitor, and the petitioner's and 
 36.28  respondent's lawyers, for purposes of the proceeding; and 
 36.29     (4) other persons for such purposes as the court may order 
 36.30  for good cause. 
 36.31     Sec. 53.  [525A.408] [ORIGINAL PETITION; PROCEDURE AT 
 36.32  HEARING.] 
 36.33     (a) Unless excused by the court for good cause, a proposed 
 36.34  conservator shall attend the hearing.  The respondent shall 
 36.35  attend and participate in the hearing, unless excused by the 
 36.36  court for good cause.  The respondent may present evidence and 
 37.1   subpoena witnesses and documents, examine witnesses, including 
 37.2   any court-appointed physician, psychologist, or other individual 
 37.3   qualified to evaluate the alleged impairment, and the visitor, 
 37.4   and otherwise participate in the hearing.  The hearing may be 
 37.5   held in a location convenient to the respondent and may be 
 37.6   closed upon request of the respondent and a showing of good 
 37.7   cause. 
 37.8      (b) Any person may request permission to participate in the 
 37.9   proceeding.  The court may grant the request, with or without 
 37.10  hearing, upon determining that the best interest of the 
 37.11  respondent will be served.  The court may attach appropriate 
 37.12  conditions to the participation. 
 37.13     Sec. 54.  [525A.409] [ORIGINAL PETITION; ORDERS.] 
 37.14     (a) If a proceeding is brought for the reason that the 
 37.15  respondent is a minor, after a hearing on the petition, upon 
 37.16  finding that the appointment of a conservator or other 
 37.17  protective order is in the best interest of the minor, the court 
 37.18  shall make an appointment or other appropriate protective order. 
 37.19     (b) If a proceeding is brought for reasons other than that 
 37.20  the respondent is a minor, after a hearing on the petition, upon 
 37.21  finding that a basis exists for a conservatorship or other 
 37.22  protective order, the court shall make the least restrictive 
 37.23  order consistent with its findings.  The court shall make orders 
 37.24  necessitated by the protected person's limitations and 
 37.25  demonstrated needs, including appointive and other orders that 
 37.26  will encourage the development of maximum self-reliance and 
 37.27  independence of the protected person. 
 37.28     (c) Within 14 days after an appointment, the conservator 
 37.29  shall deliver or send a copy of the order of appointment, 
 37.30  together with a statement of the right to seek termination or 
 37.31  modification, to the protected person, if the protected person 
 37.32  has attained 14 years of age and is not missing, detained, or 
 37.33  unable to return to the United States, and to all other persons 
 37.34  given notice of the petition. 
 37.35     (d) The appointment of a conservator or the entry of 
 37.36  another protective order is not a determination of incapacity of 
 38.1   the protected person. 
 38.2      Sec. 55.  [525A.410] [POWERS OF COURT.] 
 38.3      (a) After hearing and upon determining that a basis for a 
 38.4   conservatorship or other protective order exists, the court has 
 38.5   the following powers, which may be exercised directly or through 
 38.6   a conservator: 
 38.7      (1) with respect to a minor for reasons of age, all the 
 38.8   powers over the estate and business affairs of the minor which 
 38.9   may be necessary for the best interest of the minor and members 
 38.10  of the minor's immediate family; and 
 38.11     (2) with respect to an adult, or to a minor for reasons 
 38.12  other than age, for the benefit of the protected person and 
 38.13  individuals who are in fact dependent on the protected person 
 38.14  for support, all the powers over the estate and business affairs 
 38.15  of the protected person which the person could exercise if the 
 38.16  person were an adult, present, and not under conservatorship or 
 38.17  other protective order. 
 38.18     (b) Subject to section 525A.110 requiring endorsement of 
 38.19  limitations on the letters of office, the court may limit at any 
 38.20  time the powers of a conservator otherwise conferred and may 
 38.21  remove or modify any limitation. 
 38.22     Sec. 56.  [525A.411] [REQUIRED COURT APPROVAL.] 
 38.23     (a) After notice to interested persons and upon express 
 38.24  authorization of the court, a conservator may: 
 38.25     (1) make gifts, except as otherwise provided in section 
 38.26  525A.427, paragraph (b); 
 38.27     (2) convey, release, or disclaim contingent and expectant 
 38.28  interests in property, including marital property rights and any 
 38.29  right of survivorship incident to joint tenancy or tenancy by 
 38.30  the entireties; 
 38.31     (3) exercise or release a power of appointment; 
 38.32     (4) create a revocable or irrevocable trust of property of 
 38.33  the estate, whether or not the trust extends beyond the duration 
 38.34  of the conservatorship, or revoke or amend a trust revocable by 
 38.35  the protected person; 
 38.36     (5) exercise rights to elect options and change 
 39.1   beneficiaries under insurance policies and annuities or 
 39.2   surrender the policies and annuities for their cash value; 
 39.3      (6) exercise any right to an elective share in the estate 
 39.4   of the protected person's deceased spouse and to renounce or 
 39.5   disclaim any interest by testate or intestate succession or by 
 39.6   transfer inter vivos; and 
 39.7      (7) make, amend, or revoke the protected person's will. 
 39.8      (b) A conservator, in making, amending, or revoking the 
 39.9   protected person's will, shall comply with the state's statute 
 39.10  for executing wills. 
 39.11     (c) The court, in exercising or in approving a 
 39.12  conservator's exercise of the powers listed in paragraph (a), 
 39.13  shall consider primarily the decision that the protected person 
 39.14  would have made, to the extent that the decision can be 
 39.15  ascertained.  The court shall also consider: 
 39.16     (1) the financial needs of the protected person and the 
 39.17  needs of individuals who are in fact dependent on the protected 
 39.18  person for support and the interest of creditors; 
 39.19     (2) possible reduction of income, estate, inheritance, or 
 39.20  other tax liabilities; 
 39.21     (3) eligibility for governmental assistance; 
 39.22     (4) the protected person's previous pattern of giving or 
 39.23  level of support; 
 39.24     (5) the existing estate plan; 
 39.25     (6) the protected person's life expectancy and the 
 39.26  probability that the conservatorship will terminate before the 
 39.27  protected person's death; and 
 39.28     (7) any other factors the court considers relevant. 
 39.29     (d) Without authorization of the court, a conservator may 
 39.30  not revoke or amend a durable power of attorney of which the 
 39.31  protected person is the principal.  If a durable power of 
 39.32  attorney is in effect, absent a court order to the contrary, a 
 39.33  decision of the agent takes precedence over that of a 
 39.34  conservator. 
 39.35     Sec. 57.  [525A.412] [PROTECTIVE ARRANGEMENTS AND SINGLE 
 39.36  TRANSACTIONS.] 
 40.1      (a) If a basis is established for a protective order with 
 40.2   respect to an individual, the court, without appointing a 
 40.3   conservator, may: 
 40.4      (1) authorize, direct, or ratify any transaction necessary 
 40.5   or desirable to achieve any arrangement for security, service, 
 40.6   or care meeting the foreseeable needs of the protected person, 
 40.7   including: 
 40.8      (i) payment, delivery, deposit, or retention of funds or 
 40.9   property; 
 40.10     (ii) sale, mortgage, lease, or other transfer of property; 
 40.11     (iii) purchase of an annuity; 
 40.12     (iv) making a contract for life care, deposit contract, or 
 40.13  contract for training and education; or 
 40.14     (v) addition to or establishment of a suitable trust, 
 40.15  including a trust created under the Uniform Custodial Trust Act; 
 40.16  and 
 40.17     (2) authorize, direct, or ratify any other contract, trust, 
 40.18  will, or transaction relating to the protected person's property 
 40.19  and business affairs, including a settlement of a claim, upon 
 40.20  determining that it is in the best interest of the protected 
 40.21  person. 
 40.22     (b) In deciding whether to approve a protective arrangement 
 40.23  or other transaction under this section, the court shall 
 40.24  consider the factors described in section 525A.411, paragraph 
 40.25  (c). 
 40.26     (c) The court may appoint a master to assist in the 
 40.27  accomplishment of any protective arrangement or other 
 40.28  transaction authorized under this section.  The master has the 
 40.29  authority conferred by the order and shall serve until 
 40.30  discharged by order after report to the court. 
 40.31     Sec. 58.  [525A.413] [WHO MAY BE CONSERVATOR; PRIORITIES.] 
 40.32     (a) Except as otherwise provided in paragraph (d), the 
 40.33  court, in appointing a conservator, shall consider persons 
 40.34  otherwise qualified in the following order of priority: 
 40.35     (1) a conservator, guardian of the estate, or other like 
 40.36  fiduciary appointed or recognized by an appropriate court of any 
 41.1   other jurisdiction in which the protected person resides; 
 41.2      (2) a person nominated as conservator by the respondent, 
 41.3   including the respondent's most recent nomination made in a 
 41.4   durable power of attorney, if the respondent has attained 14 
 41.5   years of age and at the time of the nomination had sufficient 
 41.6   capacity to express a preference; 
 41.7      (3) an agent appointed by the respondent to manage the 
 41.8   respondent's property under a durable power of attorney; 
 41.9      (4) the spouse of the respondent; 
 41.10     (5) an adult child of the respondent; 
 41.11     (6) a parent of the respondent; and 
 41.12     (7) an adult with whom the respondent has resided for more 
 41.13  than six months before the filing of the petition. 
 41.14     (b) A person having priority under paragraph (a), clause 
 41.15  (1), (4), (5), or (6), may designate in writing a substitute to 
 41.16  serve instead and thereby transfer the priority to the 
 41.17  substitute. 
 41.18     (c) With respect to persons having equal priority, the 
 41.19  court shall select the one it considers best qualified.  The 
 41.20  court, acting in the best interest of the protected person, may 
 41.21  decline to appoint a person having priority and appoint a person 
 41.22  having a lower priority or no priority. 
 41.23     (d) An owner, operator, or employee of a long-term care 
 41.24  institution at which the respondent is receiving care may not be 
 41.25  appointed as conservator unless related to the respondent by 
 41.26  blood, marriage, or adoption. 
 41.27     Sec. 59.  [525A.414] [PETITION FOR ORDER SUBSEQUENT TO 
 41.28  APPOINTMENT.] 
 41.29     (a) A protected person or a person interested in the 
 41.30  welfare of a protected person may file a petition in the 
 41.31  appointing court for an order: 
 41.32     (1) requiring bond or collateral or additional bond or 
 41.33  collateral, or reducing bond; 
 41.34     (2) requiring an accounting for the administration of the 
 41.35  protected person's estate; 
 41.36     (3) directing distribution; 
 42.1      (4) removing the conservator and appointing a temporary or 
 42.2   successor conservator; 
 42.3      (5) modifying the type of appointment or powers granted to 
 42.4   the conservator if the extent of protection or management 
 42.5   previously granted is currently excessive or insufficient or the 
 42.6   protected person's ability to manage the estate and business 
 42.7   affairs has so changed as to warrant the action; or 
 42.8      (6) granting other appropriate relief. 
 42.9      (b) A conservator may petition the appointing court for 
 42.10  instructions concerning fiduciary responsibility. 
 42.11     (c) Upon notice and hearing the petition, the court may 
 42.12  give appropriate instructions and make any appropriate order. 
 42.13     Sec. 60.  [525A.415] [BOND.] 
 42.14     The court may require a conservator to furnish a bond 
 42.15  conditioned upon faithful discharge of all duties of the 
 42.16  conservatorship according to law, with sureties as it may 
 42.17  specify.  Unless otherwise directed by the court, the bond must 
 42.18  be in the amount of the aggregate capital value of the property 
 42.19  of the estate in the conservator's control, plus one year's 
 42.20  estimated income, and minus the value of assets deposited under 
 42.21  arrangements requiring an order of the court for their removal 
 42.22  and the value of any real property that the fiduciary, by 
 42.23  express limitation, lacks power to sell or convey without court 
 42.24  authorization.  The court, in place of sureties on a bond, may 
 42.25  accept collateral for the performance of the bond, including a 
 42.26  pledge of securities or a mortgage of real property. 
 42.27     Sec. 61.  [525A.416] [TERMS AND REQUIREMENTS OF BOND.] 
 42.28     (a) Clauses (1) to (4) apply to a required bond. 
 42.29     (1) Except as otherwise provided by the terms of the bond, 
 42.30  sureties and the conservator are jointly and severally liable. 
 42.31     (2) By executing the bond of a conservator, a surety 
 42.32  submits to the jurisdiction of the court that issued letters to 
 42.33  the primary obligor in any proceeding pertaining to the 
 42.34  fiduciary duties of the conservator in which the surety is named 
 42.35  as a party.  Notice of any proceeding must be sent or delivered 
 42.36  to the surety at the address shown in the court records at the 
 43.1   place where the bond is filed and to any other address then 
 43.2   known to the petitioner. 
 43.3      (3) On petition of a successor conservator or any 
 43.4   interested person, a proceeding may be brought against a surety 
 43.5   for breach of the obligation of the bond of the conservator. 
 43.6      (4) The bond of the conservator may be proceeded against 
 43.7   until liability under the bond is exhausted. 
 43.8      (b) A proceeding may not be brought against a surety on any 
 43.9   matter as to which an action or proceeding against the primary 
 43.10  obligor is barred. 
 43.11     Sec. 62.  [525A.417] [COMPENSATION AND EXPENSES.] 
 43.12     If not otherwise compensated for services rendered, a 
 43.13  guardian, conservator, lawyer for the respondent, lawyer whose 
 43.14  services resulted in a protective order or in an order 
 43.15  beneficial to a protected person's estate, or any other person 
 43.16  appointed by the court is entitled to reasonable compensation 
 43.17  from the estate.  Compensation may be paid and expenses 
 43.18  reimbursed without court order.  If the court determines that 
 43.19  the compensation is excessive or the expenses are inappropriate, 
 43.20  the excessive or inappropriate amount must be repaid to the 
 43.21  estate. 
 43.22     Sec. 63.  [525A.418] [GENERAL DUTIES OF CONSERVATOR; PLAN.] 
 43.23     (a) A conservator, in relation to powers conferred by this 
 43.24  article or implicit in the title acquired by virtue of the 
 43.25  proceeding, is a fiduciary and shall observe the standards of 
 43.26  care applicable to a trustee. 
 43.27     (b) A conservator may exercise authority only as 
 43.28  necessitated by the limitations of the protected person, and to 
 43.29  the extent possible, shall encourage the person to participate 
 43.30  in decisions, act in the person's own behalf, and develop or 
 43.31  regain the ability to manage the person's estate and business 
 43.32  affairs. 
 43.33     (c) Within 60 days after appointment, a conservator shall 
 43.34  file with the appointing court a plan for protecting, managing, 
 43.35  expending, and distributing the assets of the protected person's 
 43.36  estate.  The plan must be based on the actual needs of the 
 44.1   person and take into consideration the best interest of the 
 44.2   person.  The conservator shall include in the plan steps to 
 44.3   develop or restore the person's ability to manage the person's 
 44.4   property, an estimate of the duration of the conservatorship, 
 44.5   and projections of expenses and resources. 
 44.6      (d) In investing an estate, selecting assets of the estate 
 44.7   for distribution, and invoking powers of revocation or 
 44.8   withdrawal available for the use and benefit of the protected 
 44.9   person and exercisable by the conservator, a conservator shall 
 44.10  take into account any estate plan of the person known to the 
 44.11  conservator and may examine the will and any other donative, 
 44.12  nominative, or other appointive instrument of the person. 
 44.13     Sec. 64.  [525A.419] [INVENTORY; RECORDS.] 
 44.14     (a) Within 60 days after appointment, a conservator shall 
 44.15  prepare and file with the appointing court a detailed inventory 
 44.16  of the estate subject to the conservatorship, together with an 
 44.17  oath or affirmation that the inventory is believed to be 
 44.18  complete and accurate as far as information permits. 
 44.19     (b) A conservator shall keep records of the administration 
 44.20  of the estate and make them available for examination on 
 44.21  reasonable request of an interested person. 
 44.22     Sec. 65.  [525A.420] [REPORTS; APPOINTMENT OF VISITOR; 
 44.23  MONITORING.] 
 44.24     (a) A conservator shall report to the court for 
 44.25  administration of the estate annually unless the court otherwise 
 44.26  directs, upon resignation or removal, upon termination of the 
 44.27  conservatorship, and at other times as the court directs.  An 
 44.28  order, after notice and hearing, allowing an intermediate report 
 44.29  of a conservator adjudicates liabilities concerning the matters 
 44.30  adequately disclosed in the accounting.  An order, after notice 
 44.31  and hearing, allowing a final report adjudicates all previously 
 44.32  unsettled liabilities relating to the conservatorship. 
 44.33     (b) A report must state or contain: 
 44.34     (1) a list of the assets of the estate under the 
 44.35  conservator's control and a list of the receipts, disbursements, 
 44.36  and distributions during the period for which the report is 
 45.1   made; 
 45.2      (2) a list of the services provided to the protected 
 45.3   person; and 
 45.4      (3) any recommended changes in the plan for the 
 45.5   conservatorship as well as a recommendation as to the continued 
 45.6   need for conservatorship and any recommended changes in the 
 45.7   scope of the conservatorship. 
 45.8      (c) The court may appoint a visitor to review a report or 
 45.9   plan, interview the protected person or conservator, and make 
 45.10  any other investigation the court directs.  In connection with a 
 45.11  report, the court may order a conservator to submit the assets 
 45.12  of the estate to an appropriate examination to be made in a 
 45.13  manner the court directs. 
 45.14     (d) The court shall establish a system for monitoring 
 45.15  conservatorships, including the filing and review of 
 45.16  conservator's reports and plans. 
 45.17     Sec. 66.  [525A.421] [TITLE BY APPOINTMENT.] 
 45.18     (a) The appointment of a conservator vests title in the 
 45.19  conservator as trustee to all property of the protected person, 
 45.20  or to the part thereof specified in the order, held at the time 
 45.21  of appointment or thereafter acquired.  An order vesting title 
 45.22  in the conservator to only a part of the property of the 
 45.23  protected person creates a conservatorship limited to assets 
 45.24  specified in the order. 
 45.25     (b) Letters of conservatorship are evidence of vesting 
 45.26  title of the protected persons assets in the conservator.  An 
 45.27  order terminating a conservatorship transfers title to assets 
 45.28  remaining subject to the conservatorship, including any 
 45.29  described in the order, to the formerly protected person or the 
 45.30  person's successors. 
 45.31     (c) Subject to the requirements of other statutes governing 
 45.32  the filing or recordation of documents of title to land or other 
 45.33  property, letters of conservatorship and orders terminating 
 45.34  conservatorships may be filed or recorded to give notice of 
 45.35  title as between the conservator and the protected person. 
 45.36     Sec. 67.  [525A.422] [PROTECTED PERSON'S INTEREST 
 46.1   INALIENABLE.] 
 46.2      (a) Except as otherwise provided in paragraphs (c) and (d), 
 46.3   the interest of a protected person in property vested in a 
 46.4   conservator is not transferable or assignable by the protected 
 46.5   person.  An attempted transfer or assignment by the protected 
 46.6   person, although ineffective to affect property rights, may give 
 46.7   rise to a claim against the protected person for restitution or 
 46.8   damages which, subject to presentation and allowance, may be 
 46.9   satisfied as provided in section 525A.429. 
 46.10     (b) Property vested in a conservator by appointment and the 
 46.11  interest of the protected person in that property are not 
 46.12  subject to levy, garnishment, or similar process for claims 
 46.13  against the protected person unless allowed under section 
 46.14  525A.429. 
 46.15     (c) A person without knowledge of the conservatorship who 
 46.16  in good faith and for security or substantially equivalent value 
 46.17  receives delivery from a protected person of tangible personal 
 46.18  property of a type normally transferred by delivery of 
 46.19  possession, is protected as if the protected person or 
 46.20  transferee had valid title. 
 46.21     (d) A third party who deals with the protected person with 
 46.22  respect to property vested in a conservator is entitled to any 
 46.23  protection provided in other law. 
 46.24     Sec. 68.  [525A.423] [SALE, ENCUMBRANCE, OR OTHER 
 46.25  TRANSACTION INVOLVING CONFLICT OF INTEREST.] 
 46.26     Any transaction involving the conservatorship estate which 
 46.27  is affected by a substantial conflict between the conservator's 
 46.28  fiduciary and personal interests is voidable unless the 
 46.29  transaction is expressly authorized by the court after notice to 
 46.30  interested persons.  A transaction affected by a substantial 
 46.31  conflict between personal and fiduciary interests includes any 
 46.32  sale, encumbrance, or other transaction involving the 
 46.33  conservatorship estate entered into by the conservator, the 
 46.34  spouse, descendant, agent, or lawyer of a conservator, or a 
 46.35  corporation or other enterprise in which the conservator has a 
 46.36  substantial beneficial interest. 
 47.1      Sec. 69.  [525A.424] [PROTECTION OF PERSON DEALING WITH 
 47.2   CONSERVATOR.] 
 47.3      (a) A person who assists or deals with a conservator in 
 47.4   good faith and for value in any transaction other than one 
 47.5   requiring a court order under section 525A.410 or 525A.411 is 
 47.6   protected as though the conservator properly exercised the 
 47.7   power.  That a person knowingly deals with a conservator does 
 47.8   not alone require the person to inquire into the existence of a 
 47.9   power or the propriety of its exercise, but restrictions on 
 47.10  powers of conservators which are endorsed on letters as provided 
 47.11  in section 525A.110 are effective as to third persons.  A person 
 47.12  who pays or delivers assets to a conservator is not responsible 
 47.13  for their proper application. 
 47.14     (b) Protection provided by this section extends to any 
 47.15  procedural irregularity or jurisdictional defect that occurred 
 47.16  in proceedings leading to the issuance of letters and is not a 
 47.17  substitute for protection provided to persons assisting or 
 47.18  dealing with a conservator by comparable provisions in other law 
 47.19  relating to commercial transactions or to simplifying transfers 
 47.20  of securities by fiduciaries. 
 47.21     Sec. 70.  [525A.425] [POWERS OF CONSERVATOR IN 
 47.22  ADMINISTRATION.] 
 47.23     (a) Except as otherwise qualified or limited by the court 
 47.24  in its order of appointment and endorsed on the letters, a 
 47.25  conservator has all of the powers granted in this section and 
 47.26  any additional powers granted by law to a trustee in this state. 
 47.27     (b) A conservator, acting reasonably and in an effort to 
 47.28  accomplish the purpose of the appointment, and without further 
 47.29  court authorization or confirmation, may: 
 47.30     (1) collect, hold, and retain assets of the estate, 
 47.31  including assets in which the conservator has a personal 
 47.32  interest and real property in another state, until the 
 47.33  conservator considers that disposition of an asset should be 
 47.34  made; 
 47.35     (2) receive additions to the estate; 
 47.36     (3) continue or participate in the operation of any 
 48.1   business or other enterprise; 
 48.2      (4) acquire an undivided interest in an asset of the estate 
 48.3   in which the conservator, in any fiduciary capacity, holds an 
 48.4   undivided interest; 
 48.5      (5) invest assets of the estate as though the conservator 
 48.6   were a trustee; 
 48.7      (6) deposit money of the estate in a financial institution, 
 48.8   including one operated by the conservator; 
 48.9      (7) acquire or dispose of an asset of the estate, including 
 48.10  real property in another state, for cash or on credit, at public 
 48.11  or private sale, and manage, develop, improve, exchange, 
 48.12  partition, change the character of, or abandon an asset of the 
 48.13  estate; 
 48.14     (8) make ordinary or extraordinary repairs or alterations 
 48.15  in buildings or other structures, demolish any improvements, and 
 48.16  raze existing or erect new party walls or buildings; 
 48.17     (9) subdivide, develop, or dedicate land to public use, 
 48.18  make or obtain the vacation of plats and adjust boundaries, 
 48.19  adjust differences in valuation or exchange or partition by 
 48.20  giving or receiving considerations, and dedicate easements to 
 48.21  public use without consideration; 
 48.22     (10) enter for any purpose into a lease as lessor or 
 48.23  lessee, with or without option to purchase or renew, for a term 
 48.24  within or extending beyond the term of the conservatorship; 
 48.25     (11) enter into a lease or arrangement for exploration and 
 48.26  removal of minerals or other natural resources or enter into a 
 48.27  pooling or unitization agreement; 
 48.28     (12) grant an option involving disposition of an asset of 
 48.29  the estate and take an option for the acquisition of any asset; 
 48.30     (13) vote a security, in person or by general or limited 
 48.31  proxy; 
 48.32     (14) pay calls, assessments, and any other sums chargeable 
 48.33  or accruing against or on account of securities; 
 48.34     (15) sell or exercise stock subscription or conversion 
 48.35  rights; 
 48.36     (16) consent, directly or through a committee or other 
 49.1   agent, to the reorganization, consolidation, merger, 
 49.2   dissolution, or liquidation of a corporation or other business 
 49.3   enterprise; 
 49.4      (17) hold a security in the name of a nominee or in other 
 49.5   form without disclosure of the conservatorship so that title to 
 49.6   the security may pass by delivery; 
 49.7      (18) insure the assets of the estate against damage or loss 
 49.8   and the conservator against liability with respect to a third 
 49.9   person; 
 49.10     (19) borrow money, with or without security, to be repaid 
 49.11  from the estate or otherwise and advance money for the 
 49.12  protection of the estate or the protected person and for all 
 49.13  expenses, losses, and liability sustained in the administration 
 49.14  of the estate or because of the holding or ownership of any 
 49.15  assets, for which the conservator has a lien on the estate as 
 49.16  against the protected person for advances so made; 
 49.17     (20) pay or contest any claim, settle a claim by or against 
 49.18  the estate or the protected person by compromise, arbitration, 
 49.19  or otherwise, and release, in whole or in part, any claim 
 49.20  belonging to the estate to the extent the claim is 
 49.21  uncollectible; 
 49.22     (21) pay taxes, assessments, compensation of the 
 49.23  conservator and any guardian, and other expenses incurred in the 
 49.24  collection, care, administration, and protection of the estate; 
 49.25     (22) allocate items of income or expense to income or 
 49.26  principal of the estate, as provided by other law, including 
 49.27  creation of reserves out of income for depreciation, 
 49.28  obsolescence, or amortization or for depletion of minerals or 
 49.29  other natural resources; 
 49.30     (23) pay any sum distributable to a protected person or 
 49.31  individual who is in fact dependent on the protected person by 
 49.32  paying the sum to the distributee or by paying the sum for the 
 49.33  use of the distributee: 
 49.34     (i) to the guardian of the distributee; 
 49.35     (ii) to a distributee's custodian under the Uniform 
 49.36  Transfers to Minors Act or custodial trustee under the Uniform 
 50.1   Custodial Trust Act; or 
 50.2      (iii) if there is no guardian, custodian, or custodial 
 50.3   trustee, to a relative or other person having physical custody 
 50.4   of the distributee; 
 50.5      (24) prosecute or defend actions, claims, or proceedings in 
 50.6   any jurisdiction for the protection of assets of the estate and 
 50.7   of the conservator in the performance of fiduciary duties; and 
 50.8      (25) execute and deliver all instruments that will 
 50.9   accomplish or facilitate the exercise of the powers vested in 
 50.10  the conservator. 
 50.11     Sec. 71.  [525A.426] [DELEGATION.] 
 50.12     (a) A conservator may not delegate to an agent or another 
 50.13  conservator the entire administration of the estate, but a 
 50.14  conservator may otherwise delegate the performance of functions 
 50.15  that a prudent trustee of comparable skills may delegate under 
 50.16  similar circumstances. 
 50.17     (b) The conservator shall exercise reasonable care, skill, 
 50.18  and caution in: 
 50.19     (1) selecting an agent; 
 50.20     (2) establishing the scope and terms of a delegation, 
 50.21  consistent with the purposes and terms of the conservatorship; 
 50.22     (3) periodically reviewing an agent's overall performance 
 50.23  and compliance with the terms of the delegation; and 
 50.24     (4) redressing an action or decision of an agent which 
 50.25  would constitute a breach of trust if performed by the 
 50.26  conservator. 
 50.27     (c) A conservator who complies with paragraphs (a) and (b) 
 50.28  is not liable to the protected person or to the estate for the 
 50.29  decisions or actions of the agent to whom a function was 
 50.30  delegated. 
 50.31     (d) In performing a delegated function, an agent shall 
 50.32  exercise reasonable care to comply with the terms of the 
 50.33  delegation. 
 50.34     (e) By accepting a delegation from a conservator subject to 
 50.35  the law of this state, an agent submits to the jurisdiction of 
 50.36  the courts of this state. 
 51.1      Sec. 72.  [525A.427] [PRINCIPLES OF DISTRIBUTION BY 
 51.2   CONSERVATOR.] 
 51.3      (a) Unless otherwise specified in the order of appointment 
 51.4   and endorsed on the letters of appointment or contrary to the 
 51.5   plan filed pursuant to section 525A.418, a conservator may 
 51.6   expend or distribute income or principal of the estate of the 
 51.7   protected person without further court authorization or 
 51.8   confirmation for the support, care, education, health, and 
 51.9   welfare of the protected person and individuals who are in fact 
 51.10  dependent on the protected person, including the payment of 
 51.11  child or spousal support, in accordance with the clauses (1) to 
 51.12  (4). 
 51.13     (1) A conservator shall consider recommendations relating 
 51.14  to the appropriate standard of support, care, education, health, 
 51.15  and welfare for the protected person or an individual who is in 
 51.16  fact dependent on the protected person made by a guardian, if 
 51.17  any, and, if the protected person is a minor, the conservator 
 51.18  shall consider recommendations made by a parent. 
 51.19     (2) A conservator may not be surcharged for money paid to 
 51.20  persons furnishing support, care, education, or benefit to a 
 51.21  protected person, or an individual who is in fact dependent on 
 51.22  the protected person, in accordance with the recommendations of 
 51.23  a parent or guardian of the protected person unless the 
 51.24  conservator knows that the parent or guardian derives personal 
 51.25  financial benefit therefrom, including relief from any personal 
 51.26  duty of support, or the recommendations are not in the best 
 51.27  interest of the protected person. 
 51.28     (3) In making distributions under this paragraph, the 
 51.29  conservator shall consider: 
 51.30     (i) the size of the estate, the estimated duration of the 
 51.31  conservatorship, and the likelihood that the protected person, 
 51.32  at some future time, may be fully self-sufficient and able to 
 51.33  manage business affairs and the estate; 
 51.34     (ii) the accustomed standard of living of the protected 
 51.35  person and individuals who are in fact dependent on the 
 51.36  protected person; and 
 52.1      (iii) other money or sources used for the support of the 
 52.2   protected person. 
 52.3      (4) Money expended under this paragraph may be paid by the 
 52.4   conservator to any person, including the protected person, as 
 52.5   reimbursement for expenditures that the conservator might have 
 52.6   made, or in advance for services to be rendered to the protected 
 52.7   person if it is reasonable to expect the services will be 
 52.8   performed and advance payments are customary or reasonably 
 52.9   necessary under the circumstances. 
 52.10     (b) If an estate is ample to provide for the distributions 
 52.11  authorized by paragraph (a), a conservator for a protected 
 52.12  person other than a minor may make gifts that the protected 
 52.13  person might have been expected to make, in amounts that do not 
 52.14  exceed in the aggregate for any calendar year 20 percent of the 
 52.15  income of the estate in that year. 
 52.16     Sec. 73.  [525A.428] [DEATH OF PROTECTED PERSON.] 
 52.17     (a) If a protected person dies, the conservator shall 
 52.18  deliver to the court for safekeeping any will of the protected 
 52.19  person which may have come into the conservator's possession, 
 52.20  inform the personal representative or beneficiary named in the 
 52.21  will of the delivery, and retain the estate for delivery to the 
 52.22  personal representative of the decedent or to another person 
 52.23  entitled to it. 
 52.24     (b) If a personal representative has not been appointed 
 52.25  within 40 days after the death of a protected person and an 
 52.26  application or petition for appointment is not before the court, 
 52.27  the conservator may apply to exercise the powers and duties of a 
 52.28  personal representative in order to administer and distribute 
 52.29  the decedent's estate.  Upon application for an order conferring 
 52.30  upon the conservator the powers of a personal representative, 
 52.31  after notice given by the conservator to any person nominated as 
 52.32  personal representative by any will of which the applicant is 
 52.33  aware, the court may grant the application upon determining that 
 52.34  there is no objection and endorse the letters of conservatorship 
 52.35  to note that the formerly protected person is deceased and that 
 52.36  the conservator has acquired all of the powers and duties of a 
 53.1   personal representative. 
 53.2      (c) The issuance of an order under this section has the 
 53.3   effect of an order of appointment of a personal representative.  
 53.4   However, the estate in the name of the conservator, after 
 53.5   administration, may be distributed to the decedent's successors 
 53.6   without retransfer to the conservator as personal representative.
 53.7      Sec. 74.  [525A.429] [PRESENTATION AND ALLOWANCE OF 
 53.8   CLAIMS.] 
 53.9      (a) A conservator may pay, or secure by encumbering assets 
 53.10  of the estate, claims against the estate or against the 
 53.11  protected person arising before or during the conservatorship 
 53.12  upon their presentation and allowance in accordance with the 
 53.13  priorities stated in paragraph (d).  A claimant may present a 
 53.14  claim by: 
 53.15     (1) sending or delivering to the conservator a written 
 53.16  statement of the claim, indicating its basis, the name and 
 53.17  address of the claimant, and the amount claimed; or 
 53.18     (2) filing a written statement of the claim, in a form 
 53.19  acceptable to the court, with the clerk of court and sending or 
 53.20  delivering a copy of the statement to the conservator.  
 53.21     (b) A claim is deemed presented on receipt of the written 
 53.22  statement of claim by the conservator or the filing of the claim 
 53.23  with the court, whichever first occurs.  A presented claim is 
 53.24  allowed if it is not disallowed by written statement sent or 
 53.25  delivered by the conservator to the claimant within 60 days 
 53.26  after its presentation.  The conservator before payment may 
 53.27  change an allowance to a disallowance in whole or in part, but 
 53.28  not after allowance under a court order or judgment or an order 
 53.29  directing payment of the claim.  The presentation of a claim 
 53.30  tolls the running of any statute of limitations relating to the 
 53.31  claim until 30 days after its disallowance. 
 53.32     (c) A claimant whose claim has not been paid may petition 
 53.33  the court for determination of the claim at any time before it 
 53.34  is barred by a statute of limitations and, upon due proof, 
 53.35  procure an order for its allowance, payment, or security by 
 53.36  encumbering assets of the estate.  If a proceeding is pending 
 54.1   against a protected person at the time of appointment of a 
 54.2   conservator or is initiated against the protected person 
 54.3   thereafter, the moving party shall give to the conservator 
 54.4   notice of any proceeding that could result in creating a claim 
 54.5   against the estate. 
 54.6      (d) If it appears that the estate is likely to be exhausted 
 54.7   before all existing claims are paid, the conservator shall 
 54.8   distribute the estate in money or in kind in payment of claims 
 54.9   in the following order: 
 54.10     (1) costs and expenses of administration; 
 54.11     (2) claims of the federal or state government having 
 54.12  priority under other law; 
 54.13     (3) claims incurred by the conservator for support, care, 
 54.14  education, health, and welfare previously provided to the 
 54.15  protected person or individuals who are in fact dependent on the 
 54.16  protected person; 
 54.17     (4) claims arising before the conservatorship; and 
 54.18     (5) all other claims. 
 54.19     (e) Preference may not be given in the payment of a claim 
 54.20  over any other claim of the same class, and a claim due and 
 54.21  payable may not be preferred over a claim not due. 
 54.22     (f) If assets of the conservatorship are adequate to meet 
 54.23  all existing claims, the court, acting in the best interest of 
 54.24  the protected person, may order the conservator to grant a 
 54.25  security interest in the conservatorship estate for the payment 
 54.26  of any or all claims at a future date. 
 54.27     Sec. 75.  [525A.430] [PERSONAL LIABILITY OF CONSERVATOR.] 
 54.28     (a) Except as otherwise agreed, a conservator is not 
 54.29  personally liable on a contract properly entered into in a 
 54.30  fiduciary capacity in the course of administration of the estate 
 54.31  unless the conservator fails to reveal in the contract the 
 54.32  representative capacity and identify the estate. 
 54.33     (b) A conservator is personally liable for obligations 
 54.34  arising from ownership or control of property of the estate or 
 54.35  for other acts or omissions occurring in the course of 
 54.36  administration of the estate only if personally at fault. 
 55.1      (c) Claims based on contracts entered into by a conservator 
 55.2   in a fiduciary capacity, obligations arising from ownership or 
 55.3   control of the estate, and claims based on torts committed in 
 55.4   the course of administration of the estate may be asserted 
 55.5   against the estate by proceeding against the conservator in a 
 55.6   fiduciary capacity, whether or not the conservator is personally 
 55.7   liable therefor. 
 55.8      (d) A question of liability between the estate and the 
 55.9   conservator personally may be determined in a proceeding for 
 55.10  accounting, surcharge, or indemnification, or in another 
 55.11  appropriate proceeding or action. 
 55.12     (e) A conservator is not personally liable for any 
 55.13  environmental condition on or injury resulting from any 
 55.14  environmental condition on land solely by reason of an 
 55.15  acquisition of title under section 525A.421. 
 55.16     Sec. 76.  [525A.431] [TERMINATION OF PROCEEDINGS.] 
 55.17     (a) A conservatorship terminates upon the death of the 
 55.18  protected person or upon order of the court.  Unless created for 
 55.19  reasons other than that the protected person is a minor, a 
 55.20  conservatorship created for a minor also terminates when the 
 55.21  protected person attains majority or is emancipated. 
 55.22     (b) Upon the death of a protected person, the conservator 
 55.23  shall conclude the administration of the estate by distribution 
 55.24  to the person's successors.  The conservator shall file a final 
 55.25  report and petition for discharge within 30 days after 
 55.26  distribution. 
 55.27     (c) On petition of a protected person, a conservator, or 
 55.28  another person interested in a protected person's welfare, the 
 55.29  court may terminate the conservatorship if the protected person 
 55.30  no longer needs the assistance or protection of a conservator. 
 55.31  Termination of the conservatorship does not affect a 
 55.32  conservator's liability for previous acts or the obligation to 
 55.33  account for funds and assets of the protected person. 
 55.34     (d) Except as otherwise ordered by the court for good 
 55.35  cause, before terminating a conservatorship, the court shall 
 55.36  follow the same procedures to safeguard the rights of the 
 56.1   protected person that apply to a petition for conservatorship.  
 56.2   Upon the establishment of a prima facie case for termination, 
 56.3   the court shall order termination unless it is proved that 
 56.4   continuation of the conservatorship is in the best interest of 
 56.5   the protected person. 
 56.6      (e) Upon termination of a conservatorship and whether or 
 56.7   not formally distributed by the conservator, title to assets of 
 56.8   the estate passes to the formerly protected person or the 
 56.9   person's successors.  The order of termination must provide for 
 56.10  expenses of administration and direct the conservator to execute 
 56.11  appropriate instruments to evidence the transfer of title or 
 56.12  confirm a distribution previously made and to file a final 
 56.13  report and a petition for discharge upon approval of the final 
 56.14  report. 
 56.15     (f) The court shall enter a final order of discharge upon 
 56.16  the approval of the final report and satisfaction by the 
 56.17  conservator of any other conditions placed by the court on the 
 56.18  conservator's discharge. 
 56.19     Sec. 77.  [525A.432] [PAYMENT OF DEBT AND DELIVERY OF 
 56.20  PROPERTY TO FOREIGN CONSERVATOR WITHOUT LOCAL PROCEEDING.] 
 56.21     (a) A person who is indebted to or has the possession of 
 56.22  tangible or intangible property of a protected person may pay 
 56.23  the debt or deliver the property to a foreign conservator, 
 56.24  guardian of the estate, or other court-appointed fiduciary of 
 56.25  the state of residence of the protected person.  Payment or 
 56.26  delivery may be made only upon proof of appointment and 
 56.27  presentation of an affidavit made by or on behalf of the 
 56.28  fiduciary stating that a protective proceeding relating to the 
 56.29  protected person is not pending in this state and the foreign 
 56.30  fiduciary is entitled to payment or to receive delivery. 
 56.31     (b) Payment or delivery in accordance with paragraph (a) 
 56.32  discharges the debtor or possessor, absent knowledge of any 
 56.33  protective proceeding pending in this state. 
 56.34     Sec. 78.  [525A.433] [FOREIGN CONSERVATOR; PROOF OF 
 56.35  AUTHORITY; BOND; POWERS.] 
 56.36     If a conservator has not been appointed in this state and a 
 57.1   petition in a protective proceeding is not pending in this 
 57.2   state, a conservator appointed in the state in which the 
 57.3   protected person resides may file in a court of this state, in a 
 57.4   county in which property belonging to the protected person is 
 57.5   located, authenticated copies of letters of appointment and of 
 57.6   any bond.  Thereafter, the conservator may exercise all powers 
 57.7   of a conservator appointed in this state as to property in this 
 57.8   state and may maintain actions and proceedings in this state 
 57.9   subject to any conditions otherwise imposed upon nonresident 
 57.10     Sec. 79.  [REPEALER.] 
 57.11     Minnesota Statutes 1998, sections 525.539; 525.54; 525.541; 
 57.12  525.542; 525.543; 525.544; 525.55; 525.5501; 525.551; 525.5515; 
 57.13  525.552; 525.56; 525.561; 525.562; 525.57; 525.58; 525.581; 
 57.14  525.582; 525.583; 525.59; 525.591; 525.60; 525.61; 525.615; 
 57.15  525.6155; 525.616; 525.6165; 525.617; 525.6175; 525.618; 
 57.16  525.6185; 525.619; 525.6192; 525.6194; 525.6195; 525.6196; 
 57.17  525.6197; 525.6198; and 525.6199, are repealed. 
 57.18     Sec. 80.  [EFFECTIVE DATE.] 
 57.19     This act is effective August 1, 2000.