HF3128 Summary

• Courts may declare health care directives unenforceable if executed under coercion, fraudulent inducement, or legally insufficient, replacing previous guardian authority to unilaterally revoke directives.

• Wards and protected persons retain the right to execute health care directives, including appointing health care agents, unless the court grants guardians specific health care powers.

• Guardians may only revoke a health care agent appointment in limited circumstances: within 60 days of appointment, when multiple agents exist, or when court expressly grants guardian consent authority for medical care.

• Guardians and conservators must file informational statements before initial appointment and annually, disclosing educational background, contact information, prior removal history, criminal background changes, and any fee reimbursements.

• Enhanced court monitoring requirements include annual guardian and conservator reporting on ward conditions, restrictions on communication, services provided, and recommendations for guardianship continuation or modification.