SSB 1162 (guardianship bill) has been filed and numbered! Spread the word.

SSB 1162 has been filed and numbered. Now we can only wait and cross our fingers to see what comes of this..  Many thanks to Rob Hogg and Catherine Engel for their hard-work and dedication on bringing this issue to the legislative branch.

Hi Misty,

Senator Hogg asked that I let you know that the bill has been filed and numbered.  It is SSB 1162 and you should be able to access it directly from this e-mail.  If you cannot, you can go to the Legislative website and see it there.    The bill might need a minor amendment but nothing significant.

Cathy

Catherine H. Engel

Research Analyst

Senate Democratic Caucus


To view the amended bill: SSB 1126 (click here)

Read the bill:

Senate Study Bill 1162 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to communication and visitation between an 1 adult ward and another person. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1012XC (3) 86 jh/rj S.F. _____ Section 1. Section 633.635, subsection 2, Code 2015, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. Restricting or eliminating an adult 3 ward’s communication, interaction, or visitation with a 4 person with whom the adult ward has expressed a desire to 5 communicate, interact, or visit, or with a person who seeks to 6 communicate, interact, or visit with the adult ward, provided 7 that a guardian may impose reasonable time, place, or manner 8 restrictions on such communication, interaction, or visitation 9 without court approval. A court shall grant a guardian 10 power to restrict or eliminate communication, interaction, or 11 visitation between an adult ward and another person only upon 12 the guardian showing good cause to do so. 13 Sec. 2. Section 633.637, Code 2015, is amended to read as 14 follows: 15 633.637 Powers of ward. 16 1. A ward for whom a conservator has been appointed shall 17 not have the power to convey, encumber, or dispose of property 18 in any manner, other than by will if the ward possesses the 19 requisite testamentary capacity, unless the court determines 20 that the ward has a limited ability to handle the ward’s own 21 funds. If the court makes such a finding, it shall specify to 22 what extent the ward may possess and use the ward’s own funds. 23 2. Any modification of the powers of the ward that would 24 be more restrictive of the ward’s control over the ward’s 25 financial affairs shall be based upon clear and convincing 26 evidence and the burden of persuasion is on the conservator. 27 Any modification that would be less restrictive of the ward’s 28 control over the ward’s financial affairs shall be based upon 29 proof in accordance with the requirements of section 633.675 . 30 3. An adult ward may demand, subject to reasonable 31 restrictions imposed by the adult ward’s guardian and the adult 32 ward’s right to withdraw such demand, that a person be provided 33 access to visit the adult ward. 34 EXPLANATION 35 -1- LSB 1012XC (3) 86 jh/rj 1/ 2 S.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to an adult ward’s right to interact and 3 visit with another person. 4 The bill provides that an adult ward’s guardian may restrict 5 or eliminate an adult ward’s communication, interaction, or 6 visitation with a person with whom the adult ward has expressed 7 a desire to communicate, interact, or visit, or with a person 8 who seeks to communicate, interact, or visit with the adult 9 ward, only upon court approval. The bill provides that a court 10 shall grant such power to a guardian only if the guardian 11 can show good cause to restrict or eliminate communication, 12 interaction, or visitation between the adult ward and the 13 other person. The bill specifies that a guardian may place 14 reasonable time, place, or manner restrictions on an adult 15 ward’s communication, interaction, or visitation with another 16 person without court approval. 17 The bill further provides that an adult ward, subject to 18 reasonable restrictions imposed by the adult ward’s guardian, 19 has the right to demand that another person be granted access 20 to visit the adult ward. 21 -2- LSB 1012XC (3) 86 jh/rj