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AR HB1607

Bill

Status

Failed

10/15/2021

Primary Sponsor

Jimmie Gazaway

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

  • Renames "temporary guardian" to "emergency temporary guardianship" and restructures the process for appointing emergency guardians for incapacitated persons

  • Requires courts to issue emergency temporary guardianship orders upon presentation of an ex parte motion with affidavit or verified petition showing imminent danger to life, health, or property and need for immediate appointment

  • Establishes 14 consecutive day maximum for initial ex parte emergency guardianship orders, with full hearings required; emergency temporary guardians may be appointed for up to 90 days, extendable an additional 90 days for minors, and further extendable up to 180 days if imminent danger continues

  • Raises the age threshold for requiring personal notice to the ward from 14 years to 15 years of age

  • Requires petitioners to make reasonable efforts to serve notice on entitled parties despite initial inability, with follow-up efforts after the emergency hearing; allows respondents to request a hearing to review the emergency ex parte order scheduled as soon as reasonably possible

Legislative Description

To Amend The Law Concerning Temporary Guardians.

Last Action

Died in House Committee at Sine Die Adjournment

10/15/2021

Committee Referrals

Judiciary3/2/2021

Full Bill Text

No bill text available