SB 748
Establishes procedures for filing grievances against a guardian or conservator
Sponsor:
LR Number:
3226S.02I
Last Action:
1/13/2022 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2022

Current Bill Summary

SB 748 - This act modifies provisions relating to guardians, who are appointed by the court to have the care and custody of the person of a minor or incapacitated person, and conservators, who are appointed by the court to have the care and custody of the estate of a minor or disabled person.

This act provides a process for a person subject to a conservatorship, a person subject to a guardianship, or a concerned person, as defined in the act, to file a grievance with the court when there is reasonable belief that the guardian or conservator is breaching their duty or is otherwise acting in a manner inconsistent with the law on guardianship or conservatorship.

After receiving a grievance, the court:

(1) Shall review the grievance and, if necessary, any court records; and

(2) May take any action supported by the evidence, including requiring information from the guardian or conservator, appointment of a guardian or conservator ad litem, appointment of an attorney for the person subject to a conservatorship or guardianship, or holding a hearing.

If a similar grievance was filed within the preceding six months and the court followed the requirements of this act, the court may decline to act on the grievance.

This act is identical to HB 2490 (2022).

KATIE O'BRIEN

Amendments

No Amendments Found.