CS/HB 635 - Guardianship (2014)

• Redefines "audit" in guardianship law to include systematic review of financial and all other documents using generally accepted accounting principles, including verifications, reviews of substantiating papers, interviews, inspections, and investigations.

• Makes credit history investigation and level 2 background screening mandatory for all guardians seeking appointment (except corporate guardians) and their employees with fiduciary responsibility, with nonprofessional guardians eligible to petition for reimbursement of reasonable expenses.

• Authorizes court clerks to request and review records impacting guardianship assets, request court orders to compel production of records from guardians, and issue subpoenas to nonparties after providing notice and opportunity to object within 10 days.

• Establishes removal grounds for guardians who make bad faith failures to submit guardianship records during audits and authorizes courts to order production of records with contempt and fine penalties for non-compliance.

• Allows persons with expunged or sealed criminal records to deny arrests when seeking guardianship appointment, but requires disclosure to entities performing licensing, employment, or access authorization for guardian positions.

• Effective date: July 1, 2014.