Guardian and Conservator Reporting Requirements and Powers
The court has an ongoing responsibility to monitor guardianships and conservatorships. The goal of this monitoring is to ensure the well-being and protection of persons subject to guardianships, to ensure the protection of the funds and other property of persons subject to conservatorship, and to ensure that guardians and conservators are carrying out their duties and responsibilities appropriately.
Within 60 days following the court order, the guardian of an adult must file an initial care plan for the protected person. The initial care plan must include, but is not limited to:
- the guardian’s plan for the protected person’s living arrangements,
- the guardian’s plan for payment of the protected person’s living and other expenses,
- the guardian’s plan, if applicable, for meeting the protected person’s health, dental, educational, training, and other professional service needs,
- the guardian’s plan for encouraging the protected person’s social activities,
- the guardian’s plan for encouraging contacts by the protected person with family members, and
- the guardian’s plan for contact with and activities on behalf of the protected person. See Iowa Code section 633.669.
Within 90 days following the court order, the conservator for an adult or minor must file an initial plan for managing the protected person’s funds and other property. The initial plan must include, but is not limited to:
- a budget with expected expenses, including an estimate of conservator fees,
- if applicable, a statement on how the conservator will keep the protected person involved in the decisions,
- if applicable, the steps for restoring the protected persons’ ability to manage their assets, if ordered by the court, and
- the expected length of the conservatorship. See Iowa Code section 633.670.
To update the court, the guardian must file an annual report about the protected person’s status and the guardian’s activities on behalf of the protected person during the reporting period. Iowa Code section 633.669.
To update the court, the conservator must file an annual report and an accounting including the payments made with conservatorship funds and the balance of funds in the conservatorship at the end of the reporting period. Iowa Code sections 633.670 and 633.671.
The Supreme Court has issued forms for the guardian and conservator initial plan and annual reports. A guardian or conservator is not required to have an attorney. A guardian or conservator who is not represented by an attorney must use the Supreme Court forms for the initial plan and subsequent annual reports. If the guardian or conservator is represented by an attorney, the attorney can use the Supreme Court forms but does not have to use them. Iowa R. Prob. P. Rule 7.11.
Rule 7.11--Guardian Forms from the Iowa Supreme Court:
Form 3: Guardian’s Initial Care Plan for a Protected Person
Form 4: Guardian’s Annual Report for a Protected Person
Form 5: Guardian’s Final Report for a Protected Person
Rule 7.12--Conservator Forms from the Iowa Supreme Court:
Form 5: Conservator’s Initial Plan or Amended Plan
Form 6: Inventory of Assets of Protected Person
Form 7: Conservator’s Annual Report
Form 8: Conservator’s Final Report
Form 3: Conservator’s Request for Approval for Other Action on Behalf of a Protected Person
When a guardian or a conservator submits an initial plan, they should request court approval of their exercise of the powers necessary to carry out the plan. If the court approves the plan and grants them the requested powers, these powers can be exercised without further court order. In subsequent annual reports, the guardian or conservator may ask the court to approve a change in the powers to be exercised.