The bill amends the "Estates and Protected Individuals Code" to enhance the appointment and powers of guardians for incapacitated individuals. It stipulates that a court may appoint a guardian only upon finding clear and convincing evidence of the individual's incapacity and the necessity for guardianship. A significant addition is the new section 5306b, which requires guardians to file a petition before relocating an incapacitated individual from their permanent residence, detailing the reasons for the move and demonstrating that it serves the individual's best interests. The bill also emphasizes the rights of incapacitated individuals to remain in their familiar surroundings and mandates the appointment of a guardian ad litem to represent their interests during hearings related to proposed relocations.

Additionally, the bill outlines the responsibilities of guardians, particularly in the absence of a conservator for the ward's estate. Guardians are required to consult with the ward's attending physician regarding medical decisions and must report annually on the ward's condition and estate. They are also tasked with managing funds for the ward's support and must pay any excess funds to a conservator if one is appointed. This structured approach aims to ensure accountability and transparency in the guardianship process, prioritizing the welfare of the ward while safeguarding their rights and interests.

Statutes affected:
Substitute (S-2): 700.5306, 700.5314
Substitute (S-3): 700.5306, 700.5314
Senate Introduced Bill: 700.5306, 700.5314
As Passed by the Senate: 700.5306, 700.5314