Iowa Code 633.670 – Reports by conservators
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Terms Used In Iowa Code 633.670
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Probate: Proving a will
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
633.670 Reports by conservators.
1. A conservator shall file an initial plan for protecting, managing, investing, expending, and distributing the assets of the conservatorship estate within ninety days after appointment. The plan must be based on the needs of the protected person and take into account the best interest of the protected person as well as the protected person’s preference, values, and prior directions to the extent known to, or reasonably ascertainable by, the conservator.
a. The initial plan shall include all of the following:
(1) A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the protected person.
(2) A statement as to how the conservator will involve the protected person in decisions about management of the conservatorship estate.
(3) If ordered by the court, any step the conservator plans to take to develop or restore the ability of the protected person to manage the conservatorship estate.
(4) An estimate of the duration of the conservatorship.
b. Within two days after filing the initial plan, the conservator shall give notice of the filing of the initial plan with a copy of the plan to the protected person, the protected person’s attorney and court visitor, if any, and others as directed by the court. The notice must state that any person entitled to a copy of the plan must file any objections to the plan not later than fifteen days after it is filed.
c. At least twenty days after the plan has been filed, the court shall review and determine whether the plan should be approved or revised, after considering objections filed and whether the plan is consistent with the conservator’s powers and duties.
d. After approval by the court, the conservator shall provide a copy of the approved plan and order approving the plan to the protected person, the protected person’s attorney and court visitor, if any, and others as directed by the court.
e. The conservator shall file an amended plan when there has been a significant change in circumstances or the conservator seeks to deviate significantly from the plan. Before the amended plan is implemented, the provisions for court approval of the plan shall be followed as provided in paragraphs “”b””, “”c””, and “”d””.
2. A conservator shall file an inventory of the protected person’s assets within ninety days after appointment which includes an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. Copies of the inventory shall be provided to the protected person, the protected person’s attorney and court visitor, if any, and others as directed by the court. When the conservator receives additional property of the protected person, or becomes aware of its existence, a description of the property shall be included in the conservator’s next annual report.
3. A conservator shall file a written and verified report for the period since the end of the preceding report period. The court shall not waive these reports.
a. These reports shall include all of the following:
(1) Balance of funds on hand at the beginning and end of the period. (2) Disbursements made.
(3) Changes in the conservator’s plan.
(4) List of assets as of the end of the period. (5) Bond amount and surety’s name.
(6) Residence and physical location of the protected person.
(7) General physical and mental condition of the protected person.
(8) Other information reflecting the condition of the conservatorship estate.
b. These reports shall be filed:
(1) On an annual basis within sixty days of the end of the reporting period unless the court orders an extension for good cause shown in accordance with the rules of probate procedure.
(2) Within thirty days following removal of the conservator.
(3) Upon the conservator’s filing of a resignation and before the resignation is accepted by the court.
§633.670, PROBATE CODE 2
1. A conservator shall file an initial plan for protecting, managing, investing, expending, and distributing the assets of the conservatorship estate within ninety days after appointment. The plan must be based on the needs of the protected person and take into account the best interest of the protected person as well as the protected person’s preference, values, and prior directions to the extent known to, or reasonably ascertainable by, the conservator.
a. The initial plan shall include all of the following:
(1) A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the protected person.
(2) A statement as to how the conservator will involve the protected person in decisions about management of the conservatorship estate.
(3) If ordered by the court, any step the conservator plans to take to develop or restore the ability of the protected person to manage the conservatorship estate.
(4) An estimate of the duration of the conservatorship.
b. Within two days after filing the initial plan, the conservator shall give notice of the filing of the initial plan with a copy of the plan to the protected person, the protected person’s attorney and court visitor, if any, and others as directed by the court. The notice must state that any person entitled to a copy of the plan must file any objections to the plan not later than fifteen days after it is filed.
c. At least twenty days after the plan has been filed, the court shall review and determine whether the plan should be approved or revised, after considering objections filed and whether the plan is consistent with the conservator’s powers and duties.
d. After approval by the court, the conservator shall provide a copy of the approved plan and order approving the plan to the protected person, the protected person’s attorney and court visitor, if any, and others as directed by the court.
e. The conservator shall file an amended plan when there has been a significant change in circumstances or the conservator seeks to deviate significantly from the plan. Before the amended plan is implemented, the provisions for court approval of the plan shall be followed as provided in paragraphs “”b””, “”c””, and “”d””.
2. A conservator shall file an inventory of the protected person’s assets within ninety days after appointment which includes an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. Copies of the inventory shall be provided to the protected person, the protected person’s attorney and court visitor, if any, and others as directed by the court. When the conservator receives additional property of the protected person, or becomes aware of its existence, a description of the property shall be included in the conservator’s next annual report.
3. A conservator shall file a written and verified report for the period since the end of the preceding report period. The court shall not waive these reports.
a. These reports shall include all of the following:
(1) Balance of funds on hand at the beginning and end of the period. (2) Disbursements made.
(3) Changes in the conservator’s plan.
(4) List of assets as of the end of the period. (5) Bond amount and surety’s name.
(6) Residence and physical location of the protected person.
(7) General physical and mental condition of the protected person.
(8) Other information reflecting the condition of the conservatorship estate.
b. These reports shall be filed:
(1) On an annual basis within sixty days of the end of the reporting period unless the court orders an extension for good cause shown in accordance with the rules of probate procedure.
(2) Within thirty days following removal of the conservator.
(3) Upon the conservator’s filing of a resignation and before the resignation is accepted by the court.
§633.670, PROBATE CODE 2
(4) Within sixty days following the termination of the conservatorship. (5) At other times as ordered by the court.
c. Reports required by this section shall be served on the protected person’s attorney and court visitor, if any, and the veterans administration if the protected person is receiving veterans benefits.
[R60, §2568, 2569; C73, §2254, 2255; C97, §3203, 3204, 3222; C24, 27, §12597, 12598, 12627; C31, 35, §12597, 12598, 12627, 12644-c11; C39, §12597, 12598, 12627, 12644.11; C46, 50, 54,
58, 62, §668.24, 668.25, 670.15, 672.11; C66, 71, 73, 75, 77, 79, 81, §633.670]
84 Acts, ch 1299, §18; 85 Acts, ch 29, §10; 2007 Acts, ch 134, §17, 28; 2019 Acts, ch 57, §36,
43, 44; 2020 Acts, ch 1063, §358 – 360
Referred to in §633.671