SSB 1035

The bill provides that a petition for guardianship must include the name and address of the primary caregiver or adult with whom the minor has lived anytime during the six months immediately before the filing. Under the bill, the petition must also include whether there is already a conservatorship in place for the minor.304. The bill provides the qualifications and term of service of a court visitor for the minor. The bill provides that results of background checks of the proposed guardian in the months prior to filing of the petition may be used; current law permits the use of background checks within the prior months. Results of the background checks may be shared with good cause to the proposed guardian. The bill provides that the order appointing a guardian for a minor shall state the date that the first reporting period for the guardianship will end. _____ include the results of the guardian’s efforts to receive funds or benefits and the account for the use of the funds or benefits. The bill provides that upon termination of guardianship in which the guardian has custody of the minor’s assets, the assets must be returned to the minor or a fiduciary for the minor for any of the following accounts: a uniform transfer to minors Act account, an educational savings plan trust account, or an ABLE savings plan trust account. DIVISION II —— ADULT GUARDIANSHIPS. The bill changes the petition for appointment of guardian or conservator for an adult to have the same requirement for both guardianship and conservatorships. Currently, conservatorships are not required to provide the name and address of the proposed conservator and the reason why the conservator was chosen. current law does not provide specific qualifications of a court visitor. The bill specifies that when a valid power of attorney has been executed prior to an appointment of a conservator, the power of attorney controls and the conservator must adhere to the relevant provisions of Code chapter 633B. The bill provides that a protected person has days to contest the initial financial plan for conservatorships. Under current law, the protected individual only has days. The bill removes the standard of clear and convincing evidence to prove cause for termination of a guardianship or conservatorship. DIVISION III —— CONFORMING CHANGES. The current Code uses the term “ward” to refer to a person for whom the court has appointed a guardian or conservator. The bill substitutes the term “protected person” for the term “ward”.