Iowa Admin. Code r. 17-22.2

Current through Register Vol. 47, No. 6, September 18, 2024
Rule 17-22.2 - Definitions

Words and phrases used in this chapter are as defined in 17-Chapter 1 unless the context indicates otherwise. The following definitions also apply to this chapter:

"Assessment" means a comprehensive, in-depth evaluation to identify an individual's current situation, ability to function, strengths, problems, and care needs in the following major functional areas: physical health, medical care utilization, activities of daily living, instrumental activities of daily living, mental and social functioning, financial resources, physical environment, and utilization of services and support.

"Case opening" means the internal administrative process used by the local office in establishing a temporary or ongoing case, including, but not limited to: collecting and reviewing necessary financial, legal, medical or social history information pertaining to the consumer or the consumer's estate; opening bank or other financial accounts on the consumer's behalf; assigning staff to perform public guardianship responsibilities for the consumer; collecting and receiving property of the consumer; creating files, summaries and other documents necessary for the management of the consumer or the consumer's estate; and any other activities related to preparing for and assuming the responsibilities as a public guardian.

"Consumer" as used in this chapter means any individual receiving public guardianship services.

"Court" means the probate court having jurisdiction over the consumer.

"Department" means the department on aging established in Iowa Code section 231.21.

"Estate" means all property owned by the consumer including, but not limited to: all cash, liquid assets, furniture, motor vehicles, and any other tangible personal and real property.

"Fee" or "fees" means any costs assessed by the state office against a consumer for public guardianship services, including monthly fees or a one-time case-opening fee for establishment of a case.

"Financial hardship" means a living consumer who has a total value in liquid assets below $6,500; or the consumer's estate proving otherwise inadequate to obtain or provide for physical or mental care or treatment, assistance, education, training, sustenance, housing, or other goods or services vital to the well-being of the consumer or the consumer's dependents.

"Inventory" means a detailed list of the estate.

"Liquid assets" means the portion of a consumer's estate comprised of cash, negotiable instruments, or other similar property that is readily convertible to cash and has a readily ascertainable fixed value, including but not limited to: savings accounts, checking accounts, certificates of deposit, money market accounts, corporate or municipal bonds, U.S. savings bonds, stocks or other negotiable securities, and mutual fund shares.

"Local office" means a local office of public guardian.

"Localpublic guardian" means an individual under contract with the department to act as a guardian, conservator, or representative payee.

"Netproceeds" means the value of the property at the time of sale minus taxes, commissions and other necessary expenses.

"Program" means the services offered by the office of public guardian.

"Public guardian" means the state public guardian or a local public guardian.

"Record" means any information obtained by the state or local office in the performance of its duties.

"State office" means the state office of public guardian.

"State public guardian" means the administrator of the state office of public guardian.

Iowa Admin. Code r. 17-22.2

ARC 8489B, lAB 1/27/10, effective 1/7/10
Amended by IAB January 15, 2020/Volume XLII, Number 15, effective 2/19/2020