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IN SB0196

Bill

Status

Introduced

1/6/2016

Primary Sponsor

Michael Crider

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Origin

Senate

2016 Regular Session

AI Summary

SB 196 Summary

  • Requires guardians to file written verified accounts of their administration annually with the court, not more than 30 days after the anniversary of their appointment, changing from the current biennial requirement.

  • Mandates attorneys in fact file written verified accountings annually with the probate court in the county where the principal resides, not more than 30 days after the power of attorney's anniversary date, unless the power of attorney explicitly states annual accounting is not required.

  • Allows attorneys in fact to be excused from filing an annual accounting if an accounting is ordered or requested less than 11 months before the anniversary date of the power of attorney's effectiveness.

  • Maintains existing provisions allowing courts to conduct hearings on guardian accountings and enabling mandamus actions to compel attorneys in fact to render required accountings, with potential award of attorney's fees and court costs.

  • Becomes effective July 1, 2016.

Legislative Description

Accountings by guardians and attorneys in fact. Requires a guardian to file with the court a written verified account of the guardian's administration annually. (Under current law, a guardian is required to file an account biennially.) Provides that, unless the power of attorney states that an annual accounting is not required, an attorney in fact is required to file with the court having probate jurisdiction in the county in which the principal (if an individual) resides a written verified accounting at least annually, not more than 30 days after the anniversary of the date on which the power of attorney

Last Action

First reading: referred to Committee on Judiciary

1/6/2016

Committee Referrals

Judiciary1/6/2016

Full Bill Text

No bill text available