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

This bill relates to the creation, administration, and termination of adult and minor guardianships and conservatorships. Under current law, the juvenile court has exclusive jurisdiction of guardianship proceedings. The bill provides that the juvenile court also has exclusive jurisdiction over guardianships of minors. The bill makes official juvenile court records in guardianships confidential and not public records. The following people are authorized to request the records without court order: the judge and professional court staff, the minor and the minor’s counsel, the minor’s parent, guardian, or custodian, court visitor, and any counsel representing such person, so long as they do not disclose the confidential record or contents unless required by law. Under current law, the petition for minor and adult guardianships includes the name and address of any adult who has had the primary care of the minor or with whom the protected person has lived for at least six months prior to the filing of the petition. The bill requires the name and address of any adult who has had the primary care of the protected person or with whom the protected person had lived at any time during the six months prior to the filing of the petition. The bill requires that in addition to stating in the guardianship for the minor petition why a limited guardianship is appropriate, the petition must also state whether a conservatorship for the minor is already in place. The notice of a guardianship proceeding must be given to any adult with whom the minor has lived for the six months immediately preceding the filing of the petition.304. Under current law, qualification for a court visitor is not provided. The bill provides a person is qualified to serve as a court visitor for a minor or adult protected person if the court determines the person has demonstrated sufficient knowledge of guardianships to adequately perform the duties of a court visitor. The bill changes the requirements of the background checks for a proposed guardian of a minor. Previously, the proposed guardian for the minor 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 bill also includes the same provision for adult guardianships. The bill directs that the initial verified care plan must include the guardian’s plan for applying and receiving funds and benefits for the support of the minor. The bill allows a district court conducting checks of the dependent adult abuse registry for all proposed guardians and conservators to have access to dependent adult abuse information other than unfounded dependent adult abuse information. 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.642 (responsibilities of conservator). 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. 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 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.669 (reports by guardians), changing 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, an inventory of the protected person’s assets and debts, the annual report, and the final report. The bill replaces 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 modifies reporting requirements for conservators. The bill creates two tiers to which a conservator may be assigned. 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 throughout the Code by changing the term “ward” to “protected person”.