Relating to the opening, administration, and termination of adult guardianships and conservatorships, including conforming changes, and including effective date and retroactive applicability provisions

This bill relates to the opening, administration, and termination of adult guardianships and conservatorships and includes effective date and applicability provisions. DIVISION I —— ADULT GUARDIANSHIPS AND CONSERVATORSHIPS. The bill amends current law to provide that Code sections apply to both guardianships and conservatorships of adults. The bill provides that a court visitor will be discharged upon the appointment of a guardian or conservator unless ordered by the court to continue. The bill provides that a petition for guardianship shall provide a brief description of the respondent’s alleged functional limitations which make the respondent unable to provide for their safety, care, or necessities. The bill provides that the court, for good cause, may share the results of background checks related to the suitability of a proposed guardian with the respondent, the respondent’s attorney, and the attorney of the protected person. The bill provides that a court, for good cause and after a hearing, may extend the duration of a temporary guardianship or conservatorship beyond days. An extension shall not be for more than days at a time. The bill specifies that a court-ordered professional evaluation conducted at or before a hearing on a petition for the appointment of a guardian or conservator must be filed with the court. The bill amends the information required to be contained in a guardian’s written verified reports including the initial care plan and annual reports, and information required to be included in reports by conservators including the initial financial management plan, the annual report, and the final report. The bill amends reporting requirements for guardians, and requires that guardians must obtain court approval prior to any significant deviation from the initial care plan filed with the court. These changes are immediately effective and retroactive to January 1, 2020. The bill amends reporting requirements for conservators. The conservator must give notice of filing a plan, and if no objection is made within days, the conservator must submit a proposed order to the court approving the initial plan. If there are objections to the plan, the court must set the matter for hearing. These changes are immediately effective and retroactive to January 1, 2020. DIVISION II —— CONFORMING CHANGES. The bill makes conforming changes to the probate code by changing the term “ward” to “protected person”.