The bill amends the "Estates and Protected Individuals Code" to enhance the responsibilities of guardians ad litem and guardians for individuals alleged to be incapacitated. Key provisions include new requirements for guardians ad litem to conduct in-person interviews, ensure meaningful communication, and provide detailed reports to the court. The bill emphasizes the rights of allegedly incapacitated individuals, including their right to legal counsel, the ability to contest guardianship petitions, and the right to be informed about the powers a guardian may hold over them. Additionally, it introduces section 5314a, which outlines the responsibilities of guardians in making major decisions, emphasizing the need for consultation when possible.
Further amendments establish guidelines for the relocation of legally incapacitated individuals, requiring guardians to notify the court and interested parties within 14 days of any move and to seek court approval for out-of-state relocations. The bill also mandates that professional guardians file a petition within 14 days if they move an individual from their permanent residence, ensuring that a guardian ad litem is appointed to represent the individual's interests. Other provisions include the entitlement of individuals to legal counsel, the ability to present evidence, and the requirement for conservators to maintain detailed records and account for the administration of the trust. These amendments aim to enhance the protection of the rights and interests of incapacitated individuals throughout the guardianship and conservatorship processes.