HB 1260

Abstract

Guardianship; procedures for restriction ofcommunication, visitation, or interaction. Provides that a guardianshall not restrict an incapacitated person's ability to communicatewith, visit, or interact with other persons with whom the incapacitatedperson has an established relationship, unless such restriction isreasonable to prevent physical, mental, or emotional harm to or financialexploitation of such incapacitated person. Under current law, guardiansare directed to not unreasonably restrict any such communication,visitation, or interaction. The bill further requires that the guardianprovide written notice to any restricted person stating (i) the nature and terms of the restriction, (ii) the reasons why the guardian believesthe restriction is necessary, and (iii) how the restricted personmay challenge such restriction in court. The bill provides a procedureby which a person whose communication, visits, or interaction withan incapacitated person have been restricted may challenge such restrictionin court.