HB 862

Abstract

Guardianship; communication between close relatives andfriends of incapacitated persons; restricted communication procedures;notification of close relatives and friends. Provides that a guardian mayrestrict an incapacitated person's ability to communicate with, visit, orinteract with close relatives, as defined in the bill, and friends, as definedin the bill, only when necessary to prevent a reasonable expectation of seriousphysical or psychological harm or serious financial exploitation occurring tothe incapacitated person. The bill further sets up a procedure by which aperson whose visits, communication with, or interaction with an incapacitatedperson have been restricted may challenge such restriction in court and aprocedure by which a guardian may petition the court to restrict anincapacitated person's communication, visitation, and interaction rights with aclose relative or friend. The bill provides that the court may restrict anincapacitated person's communication, visitation, and interaction rights withsuch person when it finds by clear and convincing evidence that seriousphysical or psychological harm or serious financial exploitation wouldreasonably be expected to occur to such incapacitated person from suchcommunication, visitation, or interaction. The bill allows the court to requirea guardian found to have imposed restrictions or brought such a petition in badfaith or not for the benefit of the incapacitated person to pay or reimburse allor some of the incapacitated person's reasonable costs and fees. The bill alsospecifies that such a finding may be grounds for termination of theguardianship appointment. The bill requires the guardian to notify closerelatives and friends of the incapacitated person of certain life events of theincapacitated person, unless the guardian is notified in writing that any suchclose relative or friend does not wish to be notified or if there existsbetween such close relative or friend and the incapacitated person a protectiveorder or court order otherwise prohibiting contact.