SB16-131 Summary

• Suspends a fiduciary's authority after receiving notice of a removal petition, limiting them to accounting, correcting maladministration, or preserving the estate.

• Prevents fiduciaries from paying compensation, attorney fees, or costs from the estate without court order after receiving notice of removal proceedings.

• Grants adult wards and protected persons the right to be represented by a lawyer of their choosing at estate expense post-adjudication, unless the court finds by clear and convincing evidence they lack capacity to consent.

• Requires courts to appoint a lawyer for adult wards or protected persons in guardianship proceedings if unrepresented and the court determines representation is needed.

• Takes effect 90 days after final adjournment of the general assembly (August 10, 2016), subject to voter approval if a referendum petition is filed.