The bill amends the "Estates and Protected Individuals Code" by introducing new provisions regarding the appointment of temporary guardians and the removal of conservators. Specifically, it adds Section 5312a, which allows a court to appoint a temporary guardian for a maximum of six months if a guardian has not been appointed or if the current guardian is not effectively performing their duties. The court must find that immediate action is necessary for the welfare of the alleged incapacitated individual or ward. Additionally, the bill modifies Section 5414 to clarify the process for removing a conservator and allows interested parties to petition for the removal or appointment of a conservator through informal letters to the court.
Further amendments include changes to Section 5415, which outlines the powers of a conservator and the procedures for appointing a successor conservator. The bill emphasizes that a conservator must obtain court approval before selling or mortgaging the protected individual's principal dwelling or real property, ensuring that such actions are in the best interest of the ward. The court is required to provide a record of its reasoning for approving any such transactions. Overall, these changes aim to enhance the protection of individuals under guardianship and conservatorship arrangements.
Statutes affected: House Introduced Bill: 700.5414