SB1291 Summary

• Adds duties for appointed attorneys representing alleged incapacitated persons or those in need of protection, including interviewing the client within seven days before initial hearing and informing them of trial by jury rights, right to select counsel, right to appear in court, and providing copies of supreme court-promulgated court orders.

• Requires courts to read jury trial rights into the record at initial hearings for guardianship and conservatorship petitions and adds damages provisions for persons who intentionally fail to provide required notice or make false claims about not receiving notice.

• Creates new "Supported Decision-Making Agreements" allowing adults with disabilities to voluntarily authorize a supporter to help them understand options and communicate decisions without the supporter making decisions on their behalf, with agreements automatically terminating if the adult becomes incapacitated or a guardian is appointed.

• Expands petition requirements for guardianship and conservatorship appointments to include information about any existing health care powers of attorney, durable powers of attorney, and trust interests held by the alleged incapacitated person.

• Requires persons allegedly in need of protection to appear before the court in person or by virtual means before appointment of a conservator (unless confined, detained by foreign power, or missing) and allows courts to impose attorney fees and removal of guardians for unreasonably denying contact between wards and significant relationships.