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AL SB167
Bill
Status
2/9/2016
Primary Sponsor
Vivian Figures
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AI Summary
SB167 Summary
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Allows adult children (age 18+) and first-degree relatives to petition circuit court for visitation rights with elderly parents or dependent adults subject to conservatorship who have been isolated from them.
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Court must hold hearing within 60 days of petition filing (or within 10 days for emergency cases where conservatee's health is declining or death is imminent).
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Conservators, guardians, and spouses cannot refuse visitors, phone calls, and correspondence from adult children or first-degree relatives unless a court order expressly limits these rights.
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Court must determine if conservatee has capacity to make visitation decisions; if so, grants visitation upon conservatee's expressed desire; if not, considers relationship history, conservatee's prior statements, estate planning documents, Department of Human Resources investigation, and guardian ad litem reports.
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Conservators must notify adult children and first-degree relatives when conservatee dies, is admitted to medical facility for 3+ days, changes residence, or stays away from residence for more than one week, with limited exceptions for protective orders or best interests of conservatee.
Legislative Description
Dependent children, guardianship or conservatorship of, visitation action by isolated family members, procedure
Family Law
Last Action
Read for the first time and referred to the Senate committee on Education and Youth Affairs
2/9/2016