The bill amends the Mental Health Code to update the process for appointing guardians for individuals with developmental disabilities. It specifies that the court may appoint a suitable individual or agency as a guardian, but explicitly prohibits the appointment of the Department of Health and Human Services or any agency providing direct services to the individual unless no other suitable options are available. In such cases, the guardianship must continue only until a more suitable guardian can be found. The bill also establishes a priority order for appointing guardians, starting with parents and relatives, followed by licensed professional guardians.

Additionally, the bill introduces new requirements for professional guardians, stating that beginning two years after the effective date of the amendment, only those who are licensed under the relevant occupational code may be appointed as professional guardians. It also restricts employees of professional guardians from making significant decisions on behalf of individuals with developmental disabilities unless they hold the necessary licenses. The court is required to consider the preferences of the individual regarding their guardian before making an appointment.

Statutes affected:
Substitute (H-2): 330.1628
House Introduced Bill: 330.1628
As Passed by the House: 330.1628