S.F. 2796 Summary

• Clarifies that courts (not guardians) may declare health care directives unenforceable if executed under coercion, fraud, or lacking legal sufficiency, by clear and convincing evidence.

• Establishes that wards retain the right to execute health care directives and appoint health care agents unless the court specifically grants a guardian powers over health care decisions under specified statutory sections.

• Suspends authority of previously appointed health care agents when a guardian is granted health care decision powers, but allows health care agents to make decisions for organ donation and final disposition of remains.

• Restricts guardian authority to revoke health care directive agent appointments to three limited circumstances: agent appointed within 60 days, multiple agents appointed, or ward lacks capacity and court expressly granted guardian consent power for medical care.

• Expands petition and reporting requirements for guardians and conservators to include contact information, prior removals for cause, criminal background changes, and reimbursement amounts; applies effective August 1, 2010.