SB366 Summary

• Allows removal of guardianship and conservatorship matters from probate court to circuit court under certain circumstances, with provisions for remand back to probate court if removal was improper or lacks legal basis.

• Prohibits county conservators from serving as temporary conservators or guardians for more than 30 days unless the court finds exigent circumstances after a hearing, and eliminates automatic renewal of temporary guardian orders.

• Requires guardian appointment hearings to be held within 90 days of petition filing unless all interested parties agree to extend; mandates notification to the alleged incapacitated person's attorney and adult grandchildren (if no adult children exist).

• Establishes that undue influence alone is not grounds for incapacity determination and prohibits appointment of guardians/conservators when a valid durable power of attorney or health care directive exists unless the holder resigns, dies, becomes incapacitated, or refuses to act.

• Requires conservators to account annually to the court and establishes that alleged incapacitated persons cannot be required to pay attorney fees or expert fees; voids all fees if the guardianship order is declared void or due process was denied.