HB 1157 Summary

• Guardian and attorney fees require proof of monetary benefit to the ward and must prohibit awards when conflicts of interest exist; fees for legal services may include paralegal charges.

• Examining committee appointments must preferentially include the attending or family physician unless good cause shown; family members and caregivers may observe and record evaluations.

• Court must dismiss guardianship petition if any examining committee member concludes the alleged incapacitated person is not incapacitated.

• Creates new crime prohibiting guardians and attorneys from financially exploiting wards through fraud, deception, undue influence, coercion, or misrepresentation after incapacity is adjudicated, punishable as a felony of the third degree.

• Expands definition of "contraband article" under forfeiture law to include personal property used in connection with financial exploitation of a ward.