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2022 SESSION

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SB 302 Guardians; appointment, petitions for guardianship, report.

Introduced by: R. Creigh Deeds | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Guardianship; petitions; appointment. Clarifies that a community services board and any other local or state governmental agency may file a petition for the appointment of a guardian or conservator of an incapacitated person. The bill also specifies that a guardian need not be appointed for the purposes of making a health care decision when such decision is made pursuant to and within the scope of the Health Care Decisions Act. Finally, the bill requires the Department of Behavioral Health and Developmental Services to convene a work group to consider issues related to (i) the care of adults with permanent disabilities that render them incapable of making informed decisions about their own care and (ii) potential changes to guardianship requirements to make it easier for parents to care for their adult children with such disabilities.

SUMMARY AS PASSED SENATE:

Guardianship; petitions; appointment. Clarifies that a community services board and any other local or state governmental agency may file a petition for the appointment of a guardian or conservator of an incapacitated person. The bill also specifies that a guardian need not be appointed for the purposes of making a health care decision when such decision is made pursuant to the Health Care Decisions Act. Finally, the bill requires the Department of Behavioral Health and Developmental Services to convene a work group to consider issues related to (i) the care of adults with permanent disabilities that render them incapable of making informed decisions about their own care and (ii) potential changes to guardianship requirements to make it easier for parents to care for their adult children with such disabilities.

SUMMARY AS INTRODUCED:

Natural guardianship of permanently incapacitated persons. Provides that the parents are the natural guardians of an incapacitated person who was deemed permanently incapacitated by a licensed physician prior to his eighteenth birthday and that in such cases no petition for the appointment of a guardian or conservator need be filed.