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ID H0125
Bill
Status
4/3/2013
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
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Requires proposed guardians and conservators to submit to criminal history and background checks conducted by the Department of Health and Welfare at the proposed guardian's expense before appointment, with results made available to visitors and guardians ad litem.
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Prohibits appointment of convicted felons or persons whose residence would be frequented by convicted felons as guardians unless the court finds by clear and convincing evidence that appointment is in the incapacitated person's best interests.
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Requires proposed guardians to submit reports of civil judgments and bankruptcies to visitors, guardians ad litem, and all parties entitled to notice of the guardianship proceeding.
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Establishes ongoing reporting requirements for appointed guardians and conservators to immediately report any changes in criminal history or material changes in required information to the visitor, guardian ad litem, and court.
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Grants the Department of Health and Welfare rulemaking authority to define individuals required to undergo criminal history and background checks and establishes procedures for conducting fingerprint-based checks including state criminal records, FBI records, sex offender registries, and protection registries.
Legislative Description
Amends existing law relating to guardianship and conservatorship to revise provisions relating to criminal history and background checks on certain persons and to revise provisions relating to guardianship proceedings.
GUARDIANSHIP
Last Action
Reported Signed by Governor on April 3, 2013 Session Law Chapter 262 Effective: 07/01/13
4/3/2013