Legislative Session number- 83

Bill Name: SF0112

E Adopting article 5 of the uniform probate code entitled "Uniform Guardianship
and Protective Proceedings Act" ARTICLE 1 � ADOPTION OF UNIFORM GUARDIANSHIP
AND PROTECTIVE +PROCEEDINGS ACTPART 1 � GENERAL PROVISIONSSpecifying the
cited title of the act and defining certain terms +relating to guardianship and
conservatorship; specifying the applicability of +supplemental general
principles of law; regulating the transfer of money or +personal property to
minors; providing for subject matter and for the transfer+ of jurisdiction
between counties or states; specifying the county of +venue for guardianship or
protective proceedings; applying the rules of civil +procedure to the
proceedings and authorizing consolidation of proceedings under+ certain
conditions; requiring and providing for district court issuance of +letters of
guardianship or conservatorship; specifying the effect of acceptance +of and
providing for termination or change in appointment; requiring and +providing for
notice of hearing, restricting waiver authority; authorizing and +providing for
court appointment of guardians ad litem under certain conditions; +specifying
the effect of multiple appointments or nominations; requiring the +court to
require background studies before and periodically after appointment +and
providing for the payment of background study fees; requiring and +providing for
court requests of the commissioner of human services to complete +criminal
history and maltreatment records background checks under the human +services
licensing act, specifying the rights of study subjects PART 2 � GUARDIANSHIP
OF MINORProviding for the appointment and status of guardians of minors by
+parents or by the court or by designation of standby guardians by parents or
+legal custodians; prescribing conditions and procedures and providing for
+objection and for the input of minors over a certain age; specifying the
+priority of persons nominated by minors and authorizing the court to limit the
+powers of a guardian under certain conditions; specifying the powers, duties,
+rights and immunities of guardians; providing for termination of guardianship
+and for the filing of certain petitions after appointment; providing for the
+delegation of powers by parents, legal custodians or guardians, specifying
certain +limits and notice requirements PART 3 � GUARDIANSHIP OF INCAPACITATED
PERSONProviding for the appointment and status of guardians of +incapacitated
persons by parents, spouses or the court, specifying certain hearing and +notice
requirements and providing for objection and termination; authorizing+ county
social service agencies to create screening committees to review +guardianship
petitions involving indigent persons for less restrictive +alternatives
purposes; specifying certain priorities and findings requirements of +the court
in appointing guardians, authorizing and providing for the +appointment of
emergency or temporary substitute guardians under certain conditions; specifying
certain powers, duties, rights, immunities and reporting requirements of
guardians; requiring the court to establish a system +for monitoring
guardianships and providing for termination or +modification of guardianship
appointments PART 4 � PROTECTION OF PROPERTY OF PROTECTED PERSONPrescribing
procedures for the protection of money or property of +minors or certain
impaired persons; providing for jurisdiction over business +affairs of protected
persons and for the appointment of conservators or for the +issuance of
protective orders, specifying certain petition, hearing and notice requirements;
specifying certain powers of the court and of +conservators, requiring court
approval of certain actions; specifying certain +priorities for consideration of
the court in appointing conservators; providing for +the filing of petitions for
certain orders subsequent to appointment; +authorizing the court to require the
conservator to furnish a surety bond, specifying+ certain bond terms and
requirements; requiring a detailed inventory of the +estate subject to the
conservatorship and specifying certain recordkeeping +and reporting
requirements; requiring the court to establish a system for monitoring
conservatorships; appointment not to vest title to +property in the conservator
and providing for the nonalienability of interest of +protected persons in
property; providing for certain conflicts of interest in transactions;
protecting persons dealing in transactions with +conservators in good faith;
regulating the delegation of functions and the +distribution of income or
principal of the estate by conservators; specifying certain+ duties of
conservators upon the death of the protected person and providing for+ the
payment of certain claims; specifying the personal liability of +conservators;
providing for the termination of conservatorships and for proof of +authority of
conservators not appointed in the state PART 5 � MISCELLANEOUS
PROVISIONSSpecifying the procedures for appointment of guardians or
+conservators in workers compensation cases and providing for the payment of
+compensation and expensesARTICLE 2 � CONFORMING AMENDMENTS AND
TRANSITIONMaking conforming amendments to certain statutory provisions relating+
to revocation of health care directives, ineligibility to vote, human +services
licensing criminal history data, the conveyance of real property of +protected
persons, the execution of wills and the priority among persons +seeking
appointment as personal representatives for the probate of wills; +repealing
certain existing provisions regulating guardianships and +conservatorships;
transitional provisions (je, ja)