Relating to the opening, administration, and termination of adult guardianships and adult and minor conservatorships

The bill provides that the petition for guardianship shall list the name and address of the following: the respondent, the petitioner and the petitioner’s relationship to the respondent, the proposed guardian or conservator and the reason why the person should be selected, and any adult who has had primary care of the respondent or any institution or facility where the respondent resided any time during the six months immediately preceding the filing of the petition. The petition for guardianship shall provide a brief description of the respondent’s alleged functional limitations that make a guardianship necessary. 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 the court shall not order a professional evaluation of the respondent if the petition is for opening a conservatorship for a minor. The bill changes the requirements of the background checks for a proposed guardian. Previously, the proposed guardian could use background checks from the past months prior to filing the petition. The bill changes that time frame to six months and adds that the background check needs to have been provided to the court. The court may share the results of the background checks with the respondent, the respondent’s attorney, the protected person’s attorney, and the proposed guardian or conservator.557 (petition for appointment of a conservator for a minor) file an emergency appointment of temporary guardian or conservatorship petition.557. The bill provides that an ex parte order may be entered if the court finds that it is necessary to avoid immediate or irreparable harm to the respondent before a hearing with notice to the respondent can be held.640A, which provides the powers of a conservator upon appointment. The bill provides that an order appointing a conservator shall state the basis for the conservatorship, and upon appointment the conservator may exercise the powers relating to all fiduciaries, unless expressly modified by the court, without prior court approval. These powers include but are not limited to the following: making written requests for the purpose of obtaining the property of the protected person or obtaining information about the property of the protected person; designating and employing an attorney to assist in the administration of the estate of the protected person; holding investments in the name of a bank or trustee company; and requiring a bank to show ownership of investments held in nominee name and keep them separate from the assets of the bank. The bill further provides that until the conservator files and the court approves an initial financial management plan, the conservator may exercise the following powers without court approval except as otherwise ordered by the court: collect, receive, and receipt for any principal or income of the protected person; receive property of the protected person from any source; and continue to hold any investment or other property of the protected person. The bill also provides that the clerk of the court shall issue letters of appointment upon the filing of an appropriate oath by the conservator and a copy of the initial order of the court and any future order, granting or limiting the authority of the conservator to act on behalf of the protected person, shall be attached to the letters of appointment. 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, including an inventory of the protected person’s assets and debts, 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. 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. The bill makes conforming changes to the probate code by changing the term “ward” to “protected person”.