SB 585

Abstract

Guardianship for incapacitated persons. Provides that if the respondent to a guardianship or conservatorship petition is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP), the guardian ad litem appointed to represent the respondent shall review the IEP and include the results of his review in the report required to be submitted to the court and requires the Superintendent of Public Instruction to make available transitional materials prepared by the Department of Education that include information about powers of attorney and guardianship to be provided to students and parents during the student's annual IEP meeting.The bill also requires the guardian ad litem to consider whether a less restrictive alternative, including the use of an advance directive or durable power of attorney, is available to provide assistance to the respondent.The bill requires the court, upon appointment of a guardian or conservator, to inform such person of his duties and that the respondent should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. The bill sets out specific language to be included in all orders of appointment of a guardian.Finally, the bill requires the Department of Behavioral Health and Developmental Services to convene a group of stakeholders to study the use of supported decision-making agreements.As introduced, the bill was a recommendation of the Joint Commission on Health Care.

Guardianship for incapacitated persons. Provides that if the respondent to a guardianship or conservatorship petition is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP), the guardian ad litem appointed to represent the respondent shall review the IEP and include the results of his review in the report required to be submitted to the court and requires the Superintendent of Public Instruction to make available transitional materials prepared by the Department of Behavioral Health and Developmental Services that include information about powers of attorney and guardianship to be provided to students and parents during the student's annual IEP meeting.The bill also requires the guardian ad litem to consider whether a less restrictive alternative, including the use of an advance directive or durable power of attorney, is available to provide assistance to the respondent.The bill requires the court, upon appointment of a guardian or conservator, to inform such person of his duties and that the respondent should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. The bill sets out specific language to be included in all orders of appointment of a guardian.Finally, the bill requires the Department of Behavioral Health and Developmental Services to convene a group of stakeholders to study the use of supported decision-making agreements.As introduced, the bill was a recommendation of the Joint Commission on Health Care.

Guardianship; supported decision making. Creates theSupported Decision-Making Act, which allows an adult with an intellectual ordevelopmental disability to enter into an agreement with another person, calleda "supporter," for the purposes of having the supporter assist theadult in making decisions to manage his affairs, giving adults who needassistance a less restrictive means of receiving such assistance than beingappointed a guardian or conservator by a court. The bill further requires a guardian ad litem in a proceedingfor the appointment of a guardian or conservator to consider whether a lessrestrictive alternative, including the use of an advance directive or durablepower of attorney, is available to provide assistance to the respondent, and itrequires the guardian ad litem to include in his report to the courtinformation as to whether a supported decision-making agreement is a viableoption in lieu of guardianship or conservatorship.The bill also provides that if the respondent to aguardianship or conservatorship petition is between 17 and a half and 21 yearsof age and has an Individualized Education Plan (IEP), the guardian ad litemappointed to represent the respondent shall review the IEP and include theresults of his review in the report required to be submitted to the court, andit requires the Superintendent of Public Instruction to prepare transitionalmaterials, including information about supported decision-making agreements andguardianship to be provided to students and parents during the student's annualIEP meeting. The bill requires the court, upon appointment of a guardian orconservator, to inform such person of his duties and that the respondent shouldbe encouraged to participate in decisions, act on his own behalf, and developor maintain the capacity to manage his personal affairs if he retains anydecision-making rights. Finally, the bill sets out specific language to beincluded in all orders of appointment of a guardian.This bill is a recommendation of the Joint Commission onHealth Care.