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2020 SESSION

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SB 1072 Guardian or conservator; prohibition against appointing certain persons.

Introduced by: T. Montgomery "Monty" Mason | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Prohibition against appointing certain persons as guardian or conservator. Prohibits, except for good cause shown, the court from appointing as guardian or conservator for the respondent an attorney who has been engaged by the petitioner to represent the petitioner within three calendar years of the appointment. The bill also applies such prohibition to other attorneys and employees of the law firm with which such attorney is associated. The bill further provides that, in the case of a petitioner that is a medical care facility, the court may, for good cause shown, order that the reasonable costs for the guardian or conservator be paid by the petitioner during the time the respondent is under the care of such medical care facility.

SUMMARY AS PASSED SENATE:

Prohibition against appointing certain persons as guardian or conservator. Prohibits the court from appointing as guardian or conservator for an incapacitated person (i) the attorney for the petitioner or an attorney or employee of the same law firm as the attorney for the petitioner or (ii) except for good cause shown, any attorney, or attorney associated with or employee of the same law firm, who has represented the petitioner in any other matter within the three calendar years preceding the appointment. The bill permits the court to order the costs for the guardian or conservator to be paid by the petitioner.

SUMMARY AS INTRODUCED:

Prohibition against appointing certain persons as guardian or conservator. Prohibits the court from appointing as guardian or conservator for an incapacitated person any attorney who is engaged by the petitioner to represent it in any matter. Such prohibition extends to other attorneys or employees of such attorney's law firm.