SB 798 Summary

• Requires guardians to consult with legally incapacitated individuals before making major decisions when meaningful communication is possible.

• Prohibits guardians from restricting a ward's ability to communicate, visit, or interact with others unless: the ward previously expressed this wish in writing, a court order exists based on clear and convincing evidence of harm risk, or a personal protection order is in effect.

• Allows guardians to temporarily restrict contact on good cause belief of harm risk, but requires written notice to the restricted person, court, and facility within 7 days identifying reasons and explaining why less restrictive options were unavailable.

• Permits restricted individuals to petition the court for removal of restrictions, which can only remain if clear and convincing evidence shows interaction poses risk of harm and no less restrictive option exists.

• Failure to provide required written notice within 7 days automatically lifts the restriction and may result in guardian removal.