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2023 SESSION

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HB 2028 Guardianship; duties of guardian, visitation requirements.

Introduced by: Danica A. Roem | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Guardianship; duties of guardian; visitation requirements. Requires a guardian to visit an incapacitated person at least three times per year and at least once every 120 days. The bill requires that at least two of the visits be conducted by the guardian and directs that at least one of such visits be in-person. The bill allows the second visit by the guardian to be conducted by the guardian via virtual conference or video call. The bill allows the remaining visit to be conducted (i) by the guardian; (ii) by a person other than the guardian, including (a) a family member monitored by the guardian or (b) a skilled professional retained by the guardian to perform guardianship duties on behalf of the guardian and who is experienced in the care of individuals, including older adults or adults with disabilities; or (iii) via virtual conference or video call between either the guardian or such family member monitored by the guardian or skilled professional and the incapacitated person, provided that the technological means by which such conference or call can take place are readily available. The bill requires a person who visits the incapacitated person in lieu of the guardian to provide a written report to the guardian regarding any such visit.

SUMMARY AS PASSED HOUSE:

Guardianship; duties of guardian; visitation requirements. Requires a guardian to visit an incapacitated person at least three times per year and at least once every 120 days. The bill requires at least two of the visits be conducted by the guardian and directs that at least one of such visits be in-person. The bill allows the second visit by the guardian to be conducted by the guardian via virtual conference or video call. The bill allows the remaining visit to be conducted (i) by the guardian, (ii) by a person other than the guardian, including (a) a family member monitored by the guardian or (b) a skilled professional retained by the guardian to perform guardianship duties on behalf of the guardian and who is experienced in the care of individuals, including older adults or adults with disabilities; or (iii) via virtual conference or video call between either the guardian or such family member monitored by the guardian or skilled professional and the incapacitated person, provided that the technological means by which such conference or call can take place are readily available. The bill requires a person who visits the incapacitated person in lieu of the guardian to provide a written report to the guardian regarding any such visit.

SUMMARY AS INTRODUCED:

Guardianship; duties of guardian; visitation requirements. Requires a guardian to visit an incapacitated person at least four times per year and at least once every 90 days. The bill requires at least two of the four visits to be in-person visits but allows a guardian to utilize a person who is directly employed and supervised by the guardian or the services of a care manager who is a trained professional who specializes in the field of life-care management, geriatrics, older adults and aging, or adults with disabilities for one of such in-person visits. The bill requires a person who visits the incapacitated person in lieu of the guardian to provide a written report to the guardian regarding any such visit. The bill allows the remaining two visits to be conducted by the guardian via virtual conference or video call.