HB 1095 Summary

• Replaces "physician or clinical psychologist" with "expert examiner" throughout guardianship and conservatorship statutes, expanding the definition to include psychiatrists, licensed clinical psychologists, advanced practice registered nurses, and physician assistants.

• Adds requirement that guardianship petitions must state whether the petition seeks to restrict the ward's rights to vote, change marital status, or obtain or retain a motor vehicle operator's license.

• Changes burden of proof for conservatorship appointments from "preponderance of the evidence" to "clear and convincing evidence" for non-minor cases.

• Requires courts to consider reports from guardian ad litem, visitor, and expert examiner before appointing a guardian; allows these individuals to be subpoenaed for cross-examination.

• Establishes five-year term limits for conservator appointments with mandatory court review before expiration; conservatorships must be reappointed or terminated based on continued necessity.