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2013 SESSION
SB 759 Guardianship and conservatorship; makes various changes to laws.
Introduced by: John S. Edwards | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Guardianship and conservatorship. Makes various changes to guardianship and conservatorship laws, including: (i) permitting another person to initiate a guardianship proceeding before an incapacitated child turns 18 if there is no living parent; (ii) requiring a petition to state the basis for the court's jurisdiction; (iii) requiring the court to hold a hearing on the appointment of a guardian or conservator within 120 days from filing; (iv) confirming that the court should consider the respondent's best interests when determining the need for a guardian or conservator; (v) granting a conservator the power to make elections for a family allowance, exempt property allowance, and homestead allowance; and (vi) granting a court the ability to authorize a conservator, for good cause shown, to create and fund a trust for an incapacitated person.
SUMMARY AS INTRODUCED:
Guardianship and conservatorship. Makes various changes to guardianship and conservatorship laws, including: (i) permitting another person to initiate a guardianship proceeding before an incapacitated child turns 18 if there is no living parent; (ii) requiring a petition to state the basis for the court's jurisdiction; (iii) clarifying the court's ability to award reasonable fees for a guardian ad litem and counsel for the respondent; (iv) requiring the court to hold a hearing on the appointment of a guardian or conservator within 120 days from filing; (v) confirming that the court should consider the respondent's best interests when determining the need for a guardian or conservator; (vi) granting a conservator the power to make elections for a family allowance, exempt property allowance, and homestead allowance; and (viii) granting a court the ability to authorize a conservator, for good cause shown, to create and fund a trust for an incapacitated person.