The bill amends the Estates and Protected Individuals Code by updating Section 5303 to enhance the process for determining an individual's incapacity and the appointment of a guardian. It allows individuals or interested parties to petition for a finding of incapacity, requiring the petition to include specific facts about the individual's condition and recent conduct that necessitates a guardian. Additionally, the court is mandated to provide written information on alternatives to full guardianship before a petition is filed, which now includes "supported decision-making" as a new option. This process involves collaboration with friends, family, and professionals to help incapacitated individuals make their own decisions.
Furthermore, the bill specifies that if a petition is filed, the court must schedule a hearing on the incapacity issue. If the individual in question does not have legal representation, the court is required to appoint a guardian ad litem to ensure the individual's interests are represented during the proceedings. The amendments aim to provide a more comprehensive approach to guardianship, emphasizing alternatives and the rights of individuals facing incapacity.
Statutes affected: House Introduced Bill: 700.5303