SB 293

Abstract

Guardianship and conservatorship; duties andpowers of guardian and conservator; self-dealing prohibited.Provides that a guardian and conservator shall avoid all conflictsof interest and self-dealing, including all appearances of conflictsof interest and self-dealing, when addressing the needs of the incapacitatedperson to whom the guardian or conservator owes a fiduciary duty.The bill provides that a conflict of interest arises when the guardianor conservator has a personal or agency interest that can be perceivedas self-serving or adverse to the position or best interest of theincapacitated person, and self-dealing arises when the guardian orconservator seeks to take advantage of his position as guardian or conservator and acts for his own interests rather than for the interestsof the incapacitated person. The bill further provides that anysale or transaction that constitutes self-dealing shall be voidableby the court.