SB 104
Modifies procedures in guardianship and conservator proceedings for incapacitated or disabled persons
LR Number:
Last Action:
2/8/2017 - SCS Voted Do Pass S Seniors, Families and Children Committee (0560S.04C)
Journal Page:
Calendar Position:
Effective Date:
August 28, 2017

Current Bill Summary

SCS/SB 104 - This act provides that in guardianship and conservator proceedings, a court must determine that the incapacitated or disabled person's choice, spouse, or family member is deficient in his or her ability to serve prior to selecting a third person as a guardian of the incapacitated person or conservator of a disabled person. If there is a claim that a person is deficient because of the living conditions, then the court shall require an investigation by the Department of Health and Senior Services of the living conditions. A court must also make a determination that the living conditions are dangerous or unsanitary prior to making the finding that a person is deficient for the purposes of guardianship.

The act also states that, prior to a hearing on a petition for the appointment of a guardian or conservator, notice must be provided to certain parties by certified mail and published in a newspaper of general circulation in the county in which the hearing is held.

Provisions in this act are substantially similar to HB 89 (2017) and SB 1083 (2016).