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2023 SESSION

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HB 2063 Guardian ad litem; appointment, requested information, records, or reports.

Introduced by: Jackie H. Glass | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any (i) health care provider, local school division, or local department of social services; (ii) criminal justice agency, unless such disclosure would impede an ongoing criminal investigation or proceeding; and (iii) financial institution, investment advisor, or other financial services provider, to provide, upon request from the appointed guardian ad litem, such information, records, or reports to the appointed guardian ad litem. The bill also requires certain financial institutions, in cooperation with an investigation of alleged abuse, neglect, or exploitation of an adult, to make available any financial records or information relevant to such investigation upon request from any court-appointed guardian ad litem who has been appointed by the court to represent such adult. The bill immunizes such financial institutions from civil or criminal liability for providing such financial records or information, provided that such financial institutions did not engage in gross negligence or willful misconduct. This bill is identical to SB 1144.

SUMMARY AS PASSED HOUSE:

Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Provides that any financial institution is required to make financial records or information relevant to an investigation of adult abuse, neglect, or exploitation and be made available to a court-appointed guardian ad litem for an adult subject to such investigation. The bill further requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship, including any local department of social services, financial institution, investment advisor, or financial services provider and criminal justice agencies to disclose, at no charge, to the guardian ad litem information, records, and reports concerning a respondent in a guardianship or conservatorship proceeding to the extent allowed by federal law. The bill provides civil and criminal immunity to any person or entity making such disclosures absent gross negligence or willful misconduct.

SUMMARY AS INTRODUCED:


Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any local department of social services, criminal justice agency, financial institution, investment advisor, or other financial services provider, to provide, upon request from the appointed guardian ad litem, such information, records, or reports to the appointed guardian ad litem. The bill also specifies that the individual or entity who provides such information, records, or reports shall do so within five days of the request from the guardian ad litem and shall provide the information, records, or reports at no cost but may attach a statement of expenses or invoice to the requested information, records, or reports to be considered by the court in its determination of the award of costs in a proceeding. Under current law, health care providers and local school divisions are required to provide such information, records, or reports to guardians ad litem upon request.

The bill also requires certain financial institutions, in cooperation with an investigation of alleged abuse, neglect, or exploitation of an adult, to make available any financial records or information relevant to such investigation upon request from any guardian ad litem who has been appointed by the court to represent such adult. The bill immunizes such financial institutions from civil or criminal liability for providing such financial records or information, provided that such financial institutions did not engage in gross negligence or willful misconduct.