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. Additionally, it 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. The guardian or conservator is also mandated to deliver any will of the deceased to the court and may apply to act as a personal representative if no one else is appointed within forty days of the death.

Moreover, the bill revises existing laws regarding conservatorship by replacing the term "incapacitated" with "protected," promoting a more respectful approach. It requires the court to hold a status hearing to evaluate the protected person's capacity and the necessity of the conservatorship. The bill allows for the appointment of a court investigator or guardian ad litem to assess the protected person's capacity if necessary, ensuring transparency in the process. It also clarifies the powers and duties of conservators, enabling them to manage the estate without prior court approval for certain expenditures related to the protected person's care. The effective date for these provisions is set for July 1, 2025.

Statutes affected:
introduced version: 45-5-306, 45-5-307, 45-5-415, 45-5-407