The bill amends the Mental Health Code, specifically section 628, to refine the process of appointing guardians for individuals with developmental disabilities. It stipulates that the court may appoint a suitable individual or agency as a guardian, explicitly excluding the Department of Health and Human Services or any agency providing direct services to the individual unless no other suitable options are available. The bill also introduces a priority order for appointing professional guardians, emphasizing the need for licensed professionals in this role.

Additionally, the bill mandates that, starting two years after its enactment, only individuals or employees of professional guardians who are licensed under the relevant occupational code can make significant decisions on behalf of individuals with developmental disabilities. The court is required to make reasonable efforts to ascertain the preferences of the individual regarding their guardian before making an appointment. The definition of "professional guardian" is also clarified by referencing existing legal definitions. The enactment of this bill is contingent upon the passage of House Bill No. 4728.

Statutes affected:
House Introduced Bill: 330.1628