Concerning the creation, administration, and termination of adult and minor guardianships and conservatorships

This bill concerns the creation, administration, and termination of adult and minor guardianships and conservatorships. The bill provides that the juvenile court has exclusive jurisdiction in proceedings for appointment of a guardian for a minor and concerning the guardianship of a minor. The bill requires that, in addition to stating why a limited guardianship is appropriate, a petition for guardianship of a minor must also state whether a conservatorship for the minor is already in place.304. The bill allows the court to appoint a court visitor for the minor in a minor guardianship proceeding. A court visitor is discharged from further duties upon an appointment of a guardian or conservator unless the court determines that continued service of the court visitor would be in the best interest of the minor or protected person, in which case the court may limit the direct duties as necessary. The bill allows a hearing on a petition for guardianship of a minor to be recorded if a court reporter is not used. The bill provides that the court may order an extension of a temporary guardianship or conservatorship for days for good cause shown. A guardian or conservator shall file either prior to or along with the application for an extension of time a report with the court providing all the actions conducted on behalf of the minor or protected person and all future actions the guardian or conservator plans to conduct on behalf of the minor or protected person during the extension period. The bill requires a temporary guardian to submit any report required by the court. The bill provides that a court order appointing a guardian for a minor shall state powers granted to the guardian until the guardian files the initial care plan and the plan is approved by the court. The bill strikes a reference to “without prior court approval” in a Code section listing powers a court may grant to a guardian. The bill also directs that the initial care plan must include the guardian’s plan for applying for and receiving funds and benefits for the support of the minor. The bill requires the clerk of court to, twice per year, notify any fiduciary or fiduciary’s attorney of delinquent plans or reports in any pending minor guardianship. If the plan or report is not filed within days, the clerk must notify the presiding judge and the fiduciary will be subject to removal. The bill also requires the clerk of court to, twice per year, report to the presiding judge all delinquent plans and reports. The bill alters certain requirements of a petition for appointment of guardian or conservator for an adult, and provides that the hearing on a petition may be recorded if a court reporter is not used. 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. Under the bill, a court need not perform a background check on a proposed guardian or conservator if the person provides a background check from the past months to the court. 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 upon the conservator filing the appropriate oath, the clerk of court shall issue letters of appointment attached to the order granting or limiting powers of the conservator. The bill changes 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 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”.