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 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 holding a hearing to arrange burial or funeral services and authorizes the use of the protected person's estate for reasonable funeral expenses. Additionally, the bill mandates that the guardian or conservator deliver any will to the court and may apply to act as a personal representative if no one else is appointed within forty days.

Furthermore, the bill updates terminology from "incapacitated person" to "protected person" and establishes procedures for the court to hold status hearings to review the capacity of the protected person and the necessity of a conservator. It allows for the appointment of a court investigator to assess the protected person's capacity and report on the need for continued conservatorship. If the conservator or protected person cannot be contacted, a guardian ad litem will be appointed to investigate their status. The bill also outlines the powers of a conservator to manage the estate without court authorization for necessary expenses and includes provisions for the distribution of funds and properties to former protected persons once they are no longer disabled or reach adulthood. The changes 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