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 a requirement for guardians ad litem to personally interview the individual in a private setting, explain their rights, and assess barriers to participation in hearings. The bill emphasizes the rights of these individuals, including access to legal counsel, the ability to contest guardianship petitions, and the right to request limitations on the guardian's powers. It also mandates that the state cover legal counsel costs for indigent individuals and establishes reporting requirements for guardians ad litem regarding their interactions and recommendations.

Additionally, the bill introduces amendments to the laws governing professional guardians, allowing them to relocate individuals without prior court approval under certain conditions, while still requiring notification to interested parties. It outlines the responsibilities of guardians, including maintaining detailed records of visits and communications, and mandates that they report items of personal value belonging to the ward. The bill also clarifies the rights of individuals under conservatorship, ensuring they can retain legal counsel and participate in proceedings, while enhancing the transparency and accountability of conservatorship processes. Overall, these amendments aim to prioritize the well-being and preferences of individuals in guardianship and conservatorship situations.

Statutes affected:
House Introduced Bill: 700.5305