HB 841

Abstract

Guardianship; appointment of counsel for respondent;presence of respondent at hearings and proceedings; proceedings initiated inbad faith. Provides that a court shall appoint counsel for a respondent uponthe filing of a petition seeking guardianship if the respondent is notrepresented by counsel. Under current law, court appointment of counsel isdiscretionary. The bill further provides that, except for good cause shown, arespondent shall be present at a hearing and given an opportunity to be heardon a petition to appoint a guardian and at all other stages of the guardianshipproceedings. Under current law, the respondent shall be present if he requeststo be present or if his presence is requested by the guardian ad litem. Thebill further provides that a court shall require a petitioner to pay orreimburse the respondent's costs and fees if the court finds that thepetitioner initiated a guardianship proceeding in bad faith or not for thebenefit of the respondent and prohibits a petitioner from initiating any otherguardianship or conservatorship proceeding. Under current law, payment orreimbursement is discretionary. The bill further requires that a petitionercertify in the petition for appointment as guardian, conservator, or both thathe has notified certain relatives of the respondent of his intent to petitionthe court to act as such guardian, conservator, or both, and that suchrelatives have waived their right to serve in such a capacity and insteaddesignate such petitioner to serve in such a capacity.