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ID S1374

Bill

Status

Introduced

3/1/2016

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Allows parents of minors to nominate a guardian through a signed writing that can be revoked or amended at any time, with the nomination specifying desired limitations on the guardian's powers.

  • Inter vivos nomination becomes effective only after filing in court with the guardian's written acceptance AND either an adjudication that the parent is incapacitated or a physician's written determination that the parent can no longer care for the minor.

  • Minors age 14 or older may object to an inter vivos guardian appointment before it is accepted or within 30 days after notice of acceptance to prevent it from becoming effective.

  • Allows parents to nominate alternate guardians in order of priority; alternate guardians become the nominee if the primary nominee fails to accept within 30 days, declines appointment, ceases to act, or dies.

  • Inter vivos appointments terminate when the nominating parent is adjudicated to no longer be incapacitated or when a physician determines the parent is able to care for the minor again, whichever occurs first.

Legislative Description

Amends and adds to existing law to authorize the inter vivos nomination appointment of a guardian of a minor.

GUARDIANS

Last Action

Reported Printed; referred to Judiciary & Rules

3/2/2016

Committee Referrals

Judiciary and Rules3/1/2016

Full Bill Text

No bill text available