HSB 27

This bill relates to the opening, administration, and termination of adult guardianships and adult and minor conservatorships, and makes terminology changes to the probate code. The bill provides that notice of a guardianship proceeding must be given to any adult with whom the minor has lived with for the six months immediately preceding the filing of the petition. The bill provides qualifications for a person to serve as a court visitor. 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 appointment of a guardian or conservator for a minor must be filed with the court. The bill provides that if the proposed guardian has undergone the required background checks within six months prior to the filing of the petition and the background checks have been provided to the court, the proposed guardian does not need to undergo a new background check. The bill further provides that the results of the background checks may be shared with the respondent, respondent’s attorney, the protected person’s attorney, and the proposed guardian or conservator. The bill changes Code references regarding the emergency appointment of a temporary guardian or conservator. The bill also directs that the initial verified care plan includes any steps the guardian plans to take to develop or restore the protected person’s ability to manage the conservatorship estate, estimate of the total amount of fees the guardian anticipates charging, and instructs the guardian to file an amended plan should there be a substantial change in circumstances. The bill provides instructions to the conservator to provide notice of the filing of the initial plan and the timeline for objections. The bill further provides for new disclosures that written and verified reports must include. The bill changes the standard of proof needed to be found by the court concerning termination of guardianships and conservatorships from clear and convincing evidence to a preponderance of the evidence. The bill replaces the term “ward” with “protected person” throughout the probate code.