Effective 28 Aug 2018

475.082. Review of status of persons under guardianship or conservatorship — required report, content. — 1. At least annually, the court shall inquire into the status of every adult ward and protectee under its jurisdiction for the purpose of determining whether the incapacity or disability may have ceased or changed and to insure that the guardian or conservator is discharging the guardian's or conservator's responsibilities and duties in accordance with this chapter.

2. In order to implement the court review prescribed by this section, the guardian or limited guardian shall file annually on the anniversary date of the guardian's or limited guardian's letters a report concerning the personal status of the adult ward and plans by the guardian or limited guardian for future care. Such report may be combined with the settlement of accounts if the guardian is also conservator of the estate of the ward. The report shall be in the form prescribed by the court and shall include the following information:

(1) The present address of the ward;

(2) The present address of the guardian;

(3) Unless the report specifies that the ward is living with the guardian, the number of times the guardian has had contact with the ward, and the nature of such contacts including the date the ward was last seen by the guardian;

(4) A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decisionmaking;

(5) If the ward is institutionalized, whether the guardian has received a copy of the treatment or habilitation plan and, if so, the date of such plan, and whether the guardian agrees with its provision;

(6) The date the ward was last seen by a physician or other professional and the purpose;

(7) The current mental and physical condition of the ward and any major changes in the ward's condition since the last report;

(8) The opinion of the guardian as to the need for the continuation of the guardianship and whether it is necessary to increase or decrease the powers of the guardian; and

(9) A summarized plan for the coming year. If an individual support plan, treatment plan, or plan of care is in place, such plan may be submitted in lieu of the requirements of this subdivision.

3. The court may as part of its review, in its discretion, order the performance of a mental status evaluation of the ward and may require any hospital, physician, or custodial facility to submit copies of their records relating to the treatment, habilitation, or care of the ward. The court, as part of its review and in its discretion, may also contact the department of health and senior services or other appropriate agencies to investigate the conduct of the guardian and report its findings to the court.

4. If there is an indication that the incapacity or disability of the ward or protectee has ceased, the court shall appoint an attorney to file on behalf of the ward or protectee a petition for termination of the guardianship or conservatorship or for restoration.

5. If it appears to the court as part of its review or at any time upon motion of any interested person, including the ward or protectee or some person on behalf of the ward or protectee, that the guardian or conservator is not discharging the guardian's or conservator's responsibilities and duties as required by this chapter or has not acted in the best interests of the ward or protectee, the court may order that a hearing be held and direct that the guardian or conservator appear before the court. In the event that such a hearing is ordered and the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in the proceedings. At the conclusion of the hearing, if the court finds that the guardian or conservator is not discharging his or her duties and responsibilities as required by this code or is not acting in the best interests of the ward or protectee, the court shall enter such orders as it deems appropriate under the circumstances. Such orders may include the removal of the guardian or conservator and the appointment of a successor guardian or conservator or termination of the guardianship or conservatorship on finding that the ward has recovered capacity or the protectee is no longer disabled. The court, in framing its orders and findings, shall give due consideration to the exercise by the guardian or conservator of any discretion vested in the guardian or conservator by law.

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(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2018 S.B. 806)