This bill amends the Mental Health Code, specifically section 628, to update the process for 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, requiring that they be licensed under the relevant occupational code.
Additionally, the bill mandates that, starting two years after its enactment, only licensed individuals can make significant decisions on behalf of individuals with developmental disabilities. It emphasizes the importance of considering the preferences of the individual regarding their guardian before making an appointment. The definition of "professional guardian" is also clarified in accordance with existing law. The enactment of this bill is contingent upon the passage of House Bill No. 4728.
Statutes affected: House Introduced Bill: 330.1628