This bill addresses a guardianship for an individual with a severe intellectual disability.
This bill:
- defines terms for guardianship;
- clarifies court jurisdiction for guardianships;
- enacts a guardianship proceeding for an individual with a severe intellectual disability;
- addresses the applicability of a guardianship proceeding for an individual with a severe intellectual disability;
- enacts certain rights for an individual with a severe intellectual disability for which a full guardianship is imposed;
- provides the requirements for a guardianship proceeding for an individual with a severe intellectual disability, including the requirements for the petition, venue, and in-person hearings;
- addresses the appointment of:
an attorney for a respondent in a guardianship proceeding for an individual with a severe intellectual disability;a physician, psychologist, physician assistant, or court visitor to examine the respondent; andan emergency or temporary guardian while guardianship proceedings are pending;
- provides that a court may appoint a guardian for a respondent if the court makes certain findings;
- provides that the court shall prefer a full guardianship for an individual with a severe intellectual disability;
- requires the court to include certain provisions in an order of appointment;
- provides who may be a guardian for an individual with a severe intellectual disability;
- addresses the duties, powers, and rights of a guardian for an individual with a severe intellectual disability in a full guardianship;
- addresses the removal or resignation of a guardian for an individual with a severe intellectual disability;
- addresses the termination of a guardianship for an individual with a severe intellectual disability; and
- makes technical and conforming changes.Statutes affected:
Introduced: 75-5-311, 75-5-317, 78A-2-301
Substitute #1: 75-5-311, 75-5-317