Responsibilities of conservator.

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633.642 Responsibilities of conservator.

Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice and receive specific prior authorization by the court before the conservator may take any other action on behalf of the protected person. These other powers requiring court approval include the authority of the conservator to:

1. Invest the protected person’s assets consistent with section 633.123.

2. Make gifts on the protected person’s behalf from conservatorship assets to persons or religious, educational, scientific, charitable, or other nonprofit organizations to whom or to which such gifts were regularly made prior to the conservator’s appointment; or on a showing that such gifts would benefit the protected person from the perspective of gift, estate, inheritance, or other taxes. No gift shall be allowed which would foreseeably prevent adequate provision for the protected person’s best interest.

3. Make payments consistent with the conservator’s plan described above directly to the protected person or to others for the protected person’s education and training needs.

4. Use the protected person’s income or assets to provide for any person that the protected person is legally obligated to support.

5. Compromise, adjust, arbitrate, or settle any claim by or against the protected person or the conservator.

6. Make elections for a protected person who is the surviving spouse as provided in sections 633.236 and 633.240.

7. Exercise the right to disclaim on behalf of the protected person as provided in section 633E.5.

8. Sell, mortgage, exchange, pledge, or lease the protected person’s real and personal property consistent with subchapter VII, part 6 of this chapter regarding sale of property from a decedent’s estate.

2019 Acts, ch 57, §33, 43, 44

Referred to in §633.648

Section takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44


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