Legislative Session number- 81

Bill Name: SF0995

Relating to protective proceedings ARTICLE 1 - GENERAL PROVISIONSAdopting the
"Uniform Guardianship and Protective Proceedings Act"; defining certain terms;
providing for the annual transfer of a limited amount of money or personal
property to minors under certain conditions; authorizing parents or guardians of
minors or incapacitated persons to delegate certain power for a limited period
of time to another; specifying the scope of and providing for transfer of
district court jurisdiction; specifying the venue for guardianship or protective
proceedings; applying the rules of civil procedure to the proceedings and
authorizing consolidation under certain conditions; providing for court issuance
of letters of guardianship or conservatorship; specifying the effect of
acceptance of and providing for termination or change in appointment; providing
for notice of hearing and waiver; authorizing and providing for court
appointment of guardians ad litem; specifying the effect of multiple
appointments or nominations ARTICLE 2 - GUARDIANSHIP OF MINORProviding for the
appointment and status of guardians of minors by parents or the court,
specifying certain conditions and procedures, providing for objection to
parental appointments and for the input of minors over a certain age; specifying
certain powers, duties rights and immunities of guardians; providing for
termination of guardianship and for the filing of certain petitions after
appointment ARTICLE 3 - GUARDIANSHIP OF INCAPACITATED PERSONProviding for the
appointment and status of guardians of incapacited persons by parents or spouses
by will or other signed document or by the court, procedures; authorizing and
providing for professional evaluation of respondents to petitions; providing for
the confidentiality of and access to visitor reports and evaluations and for
respondent participation in the hearing; specifying certain notice requirements;
specifying certain priorities and findings requirements of the court in
appointing guardians; providing for the appointment of emergency or temporary
substitute guardians under certain conditions; specifying certain powers,
duties, rights, immunities and reporting requirements of guardians; requiring
the court to establish a system for monitoring guardianships and providing for
termination or modification of guardianship appointments ARTICLE 4 - PROTECTION
OF PROPERTY OF PROTECTED PERSONPrescribing procedures for the protection of
money or property of minors or certain impaired persons; providing for
jurisdiction over business affairs of protected persons and for the appointment
of conservators or the issuance of protective orders; specifying certain notice
requirements; requiring court appointment of attorneys under certain conditions;
providing for the confidentiality of and access to visitor reports and
professional evaluations; providing for respondent participation in the hearing;
specifying certain powers of the court and of conservators, requiring court
approval of certain actions of conservators; specifying certain priorities of
the court in appointing conservators; providing for the filing of petitions for
certain orders subsequent to appointment; authorizing and providing for the
court to require the conservator to furnish a surety bond; entitling
conservators to reasonable compensation from the estate; specifying certain
administrative powers and general duties of conservators, requiring the filing
of a plan for protecting, managing, expending and distributing assets and of a
detailed inventory of the estate and specifying certain recordkeeping and
reporting requirements; requiring the court to establish a system for monitoring
conservatorships; providing for the vesting of title in the conservator as
trustee to the property of the protected person, interest of protected persons
in vested property not to be transferable or assignable; regulating sales,
encumbrances or other transactions involving conflict of interest; protecting
persons dealing in transactions with conservators in good faith; regulating the
delegation of functions and the distribution of income of the estate by
conservators; specifying certain duties of conservators upon the death of the
protected person, providing for the payment of claims; specifying the personal
liability of conservators; providing for the termination of conservatorships and
for the treatment of foreign conservatorships relating to payment of debt and
proof of authority; repealing certain existing provisions regulating
guardianships and conservatorships (mk)