CS/HB 399 Summary

• Requires examining committee members to file incapacity reports with the court clerk within 15 days of appointment, and the clerk must serve reports within 3 days and obtain certificates of service.

• Establishes that parties must receive all reports at least 10 days before the hearing on the petition (unless waived), and allows parties to move for continuance if service is untimely or object to report admissibility under the rules of evidence.

• Requires the adjudicatory hearing to be conducted at least 10 days but no more than 30 days after the filing of the last report.

• Increases the filing deadline for annual guardianship plans from 60-90 days to 90 days before the anniversary date when not on a calendar-year basis; changes April 1 filing deadline for calendar-year plans.

• Eliminates the requirement that a ward's spouse must consent to dissolution of marriage before a guardian may seek court authorization for divorce, and removes the $6,000 cap on funeral expenses paid from a ward's estate.