SSB 3038

_____ and termination of adult and minor guardianships and conservatorships, and includes effective date and applicability provisions. The bill provides that a petition for a minor guardianship must state whether a minor needs or currently has a conservatorship. The bill requires that notice that a petition has been filed be given to a parent who has not consented to a guardianship and that court may appoint an attorney to represent the parent. The bill describes who is qualified to serve as a court visitor for a minor. The bill adds additional report requirements for cases where a minor has a conservatorship, requires the guardian to report to the district court in the case of minor conservatorships, and requires that the reporting period be listed on the report. The bill also amends information in a guardian report when guardians are authorized to apply for funds or benefits for a minor. As relates to a petition for an adult guardianship or conservatorship, the bill amends several Code sections to include both guardians and conservators. The bill amends current law to provide that a petition must name the proposed guardian or conservator. Further, the petition must provide a brief description of the adult’s alleged functional limitations which makes the person unable to provide for the person’s safety or to provide for necessities. The bill describes who is qualified to serve as a court visitor for an adult. The bill amends the provisions involved in the emergency appointment of a temporary guardian or conservator, and provides that any person authorized to file a petition for guardianship or conservatorship may file for the emergency appointment of a guardian or conservator. Prior law only authorized a guardian to file an emergency petition. _____ pertinent powers of a fiduciary unless limited by the court or their personalized financial plan. The bill requires that a guardian have a prior court order for major elective surgeries or other major nonemergency medical procedures outside the initial care plan, and requires that the dates of the reporting period should be contained in the order. The bill provides that if a court appoints a conservator for a protected person who has previously executed a valid power of attorney, the power of attorney is suspended unless the power of attorney provides otherwise or the court appointing the conservator orders that the power of attorney should continue. Further, if the power of attorney continues, the agent is accountable to the conservator, and the power of attorney will be reinstated at the termination of the conservatorship as a result of the protected person regaining capacity. 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. The bill removes the language “by clear and convincing evidence” from the Code section concerning the causes for termination of a guardianship or conservatorship.