Guardianship and conservatorship of incapacitated persons. (SB514)

Introduced By

Sen. Jeremy McPike (D-Dale City)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Guardianship and conservatorship of incapacitated persons. Makes several changes to the provisions of adult guardianships and conservatorships, including (i) adding certain powers and duties to the Department for Aging and Rehabilitative Services to provide support, oversight, and guidance with respect to such guardianships; (ii) requiring the notice of hearing on a guardianship or conservatorship petition to include notice that any adult individual required to receive a copy of such notice may file a motion to intervene in the action to become a party and request to be appointed as guardian or conservator or offer an alternative to the guardian or conservator selected; (iii) requiring a schedule for periodic review hearings in the order of appointment of a guardian or conservator to be set by a court, unless the court makes a determination that such hearings are unnecessary or impracticable; and (iv) providing that a guardian shall not restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship unless such restriction is necessary to prevent physical, mental, or emotional harm to or financial exploitation of the incapacitated person; the bill further requires that the guardian must provide written notice to any restricted person stating (a) the nature and terms of the restriction, (b) the reasons why the guardian believes the restriction is necessary, and (c) how the restricted person may challenge such restriction in court. The bill sets up a procedure by which a person whose visit, communication with, or interaction with an incapacitated person has been restricted may challenge such restriction in court. Read the Bill »


01/12/2022: Awaiting a Vote in the Judiciary Committee


01/12/2022Prefiled and ordered printed; offered 01/12/22 22104012D
01/12/2022Referred to Committee on the Judiciary

Hearing Scheduled

This bill is scheduled to be heard in the Senate Judiciary committee on 01/24/2022. It meets on Monday, 8:00 A.M. and Wednesday, 1/2 hour after adjournment - Senate Room B.

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