Guardianship; appointment of counsel for respondent, presence of respondent at hearings. (HB841)

Introduced By

Del. Kathleen Murphy (D-McLean)

Description

Guardianship; appointment of counsel for respondent; presence of respondent at hearings and proceedings; proceedings initiated in bad faith. Provides that a court shall appoint counsel for a respondent upon the filing of a petition seeking guardianship if the respondent is not represented by counsel. Under current law, court appointment of counsel is discretionary. The bill further provides that, except for good cause shown, a respondent shall be present at a hearing and given an opportunity to be heard on a petition to appoint a guardian and at all other stages of the guardianship proceedings. Under current law, the respondent shall be present if he requests to be present or if his presence is requested by the guardian ad litem. The bill further provides that a court shall require a petitioner to pay or reimburse the respondent's costs and fees if the court finds that the petitioner initiated a guardianship proceeding in bad faith or not for the benefit of the respondent and prohibits a petitioner from initiating any other guardianship or conservatorship proceeding. Under current law, payment or reimbursement is discretionary. The bill further requires that a petitioner certify in the petition for appointment as guardian, conservator, or both that he has notified certain relatives of the respondent of his intent to petition the court to act as such guardian, conservator, or both, and that such relatives have waived their right to serve in such a capacity and instead designate such petitioner to serve in such a capacity. Read the Bill »

Status

01/31/2020: Incorporated into Another Bill

History