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IN SB0380
Bill
AI Summary
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Guardianship petitions must now describe efforts to use less restrictive alternatives before seeking guardianship, including what alternatives were considered, why any were not implemented, and why alternatives are insufficient to meet the person's needs.
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Establishes "supported decision making agreements" as a new legal framework allowing adults to designate supporters (at least 18 years old) to assist with life decisions without transferring decision-making authority.
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Less restrictive alternatives to guardianship are defined to include supported decision making agreements, technological assistance, representative payees, health care representatives, and powers of attorney.
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Supporters must act according to the adult's will and preferences (not the supporter's view of best interests), avoid conflicts of interest, and are prohibited from receiving fees or exerting undue influence.
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Guardians must now include in biennial verified accounts a specific showing of whether guardianship remains necessary and whether less restrictive alternatives have been considered or implemented.
Legislative Description
Supported decision making. Requires that a person who files a petition for the appointment of a guardian for an incapacitated person or minor must inform the court what less restrictive alternatives were considered or implemented and, if less restrictive alternatives were not considered or implemented, the reason for the failure to consider or implement less restrictive alternatives. Provides for the use of supported decision making agreements for adults who need support and accommodations in making, communicating, and effectuating decisions.
Last Action
Public Law 68
4/24/2019