Senate Bill 1338 Summary

• Allows a person interested in the welfare of a minor who is at least 17 years and 6 months old to petition for a finding of incapacity and appointment of a guardian effective on the minor's eighteenth birthday

• Requires courts to provide written information about guardianship alternatives (limited guardian, conservator, patient advocate designation, do-not-resuscitate declaration, durable power of attorney) to individuals before filing a guardianship petition

• Permits courts to schedule incapacity hearings for minors who are at least 17 years and 6 months old before their eighteenth birthday

• Clarifies that courts must appoint a guardian ad litem to represent the individual in guardianship proceedings unless the individual has chosen their own legal counsel

• Requires courts to grant guardians only necessary powers for the demonstrated needs of the incapacitated individual and to design guardianships to encourage maximum self-reliance and independence