The bill amends the Uniform Probate Code to introduce new procedures concerning the death of a protected person, guardian, or conservator. It stipulates that upon the death of a guardian or conservator, their authority ceases, but the guardianship or conservatorship remains in effect until a successor is appointed. The bill requires the guardian or conservator to notify the court within three days of learning about the protected person's death and allows them to obtain the death certificate without needing a court order. It also outlines the court's process for arranging burial or funeral services and authorizing the use of the protected person's estate for reasonable funeral expenses.
Additionally, the bill changes the terminology from "incapacitated person" to "protected person" and establishes procedures for the court to hold status hearings every ten years to review the protected person's capacity and the necessity of conservatorship. It grants conservators the authority to manage the estate of the protected person without court approval for necessary expenses and allows them to make charitable gifts on behalf of the protected person. The bill emphasizes the importance of safeguarding the rights of the protected person and mandates the distribution of funds to them once their disability ends or upon reaching adulthood. The provisions are set to take effect on July 1, 2025.
Statutes affected: introduced version: 45-5-306, 45-5-307, 45-5-415, 45-5-407