The bill amends the "Estates and Protected Individuals Code" to improve the process for appointing guardians for individuals deemed incapacitated. Key provisions include a requirement for petitions to detail specific facts about the individual's condition and conduct, as well as the court's duty to provide written information on alternatives to full guardianship prior to filing. The bill establishes an initial hearing where a guardian ad litem may be appointed if the individual lacks legal representation, and allows for a final order to be issued at this hearing if no trial date is set. It also reinforces the individual's rights to be present at hearings, obtain independent evaluations, and secure legal counsel.

Additionally, the bill clarifies the standards for appointing guardians, necessitating clear and convincing evidence of incapacity and the need for guardianship. It emphasizes promoting self-reliance and independence, while limiting the powers of guardians to what is essential. The bill outlines the rights of individuals under guardianship, including the ability to contest appointments and receive notifications of changes. It also introduces provisions for emergency guardianship appointments, detailing the necessary conditions and notice requirements. Furthermore, it establishes fiduciary responsibilities for conservators, mandating they act with the same care as trustees and ensure individuals attend relevant hearings. The bill's enactment is contingent upon the passage of other specified legislation and will take effect 365 days after being signed into law.

Statutes affected:
House Introduced Bill: 700.5303