HB 623

Abstract

Guardianship and conservatorship; duties of the guardian ad litem; report contents. Adds to the duty of a guardian ad litem appointed to represent the interests of a respondent in a guardianship or conservatorship case the requirement to notify the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel. The bill further directs the guardian ad litem to include in his report to the court an explanation by the guardian ad litem as to any (i) decision not to recommend the appointment of counsel for the respondent, (ii) determination that a less restrictive alternative to guardianship or conservatorship is not available, and (iii) determination that appointment of a limited guardian or conservator is not appropriate.

Guardianship and conservatorship; duties ofthe guardian ad litem; report contents. Adds to the duty of aguardian ad litem appointed to represent the interests of a respondentin a guardianship or conservatorship case the requirement to recommendthat counsel be appointed to represent such respondent upon the respondent'srequest. Under current law, the guardian ad litem is required torecommend counsel be appointed only when he believes appointmentis necessary. The bill further directs the guardian ad litem to includein his report to the court an explanation by the guardian ad litemas to any (i) decision not to recommend the appointment of counselfor the respondent, (ii) determination that a less restrictive alternative to guardianship or conservatorship is not available, and (iii) determinationthat appointment of a limited guardian or conservator is not appropriate.