HB 198 (BR 1164) - B. Heleringer
AN ACT relating to guardianship.
Amend KRS 387.510 to permit evidence of acts or occurrences occurring prior to six months before the filing of a petition to be used to determine disability; amend KRS 387.540 to provide for the court to appoint members of interdisciplinary team; require that if one member of the interdisciplinary team testifies in court, then all the individual and team reports filed by the interdisciplinary team shall be admitted into evidence; permit report of interdisciplinary evaluation team to reference reports more than six months old; require the interdisciplinary evaluation team to file any dissenting or separate reports of team members; require reports filed at least ten days prior to hearing to be admissible pursuant to KRE 1005; amend KRS 387.590 to provide that the ward is deprived of the right to execute wills and health care advance directives; permit guardian or conservator to direct that funds be used for support of the family of the person who is disabled; require attorney fees paid by guardian to be first approved by court; amend KRS 387.610 to require the court to order a jury trial, upon motion, to determine continuing need for guardian; amend KRS 387.620 to permit a partially disabled person or a disabled person to petition the court no more than once every six months to determine modification or termination of order, removal of guardian, or renewal of appointment of guardian; permit petition more often than every six months upon demonstration of good cause; amend KRS 387.710 to require the inventory to contain the conservator's preliminary plan for preserving and maintaining the estate; permit the court to waive the filing of a biennial report, final settlement, or corporate surety bond if the ward's monthly income is under $700 or the ward is Medicaid eligible; amend KRS 387.740 to require the court to conduct a bench hearing within one week of filing of the petition; repeal KRS 387.330.
HB 198 - AMENDMENTS
HCS - Grant the court the discretion to require a conservator or limited conservator to include in the inventory the preliminary plan for preserving and maintaining the estate of which the conservator or limited conservator has control or supervision.
HFA (1, B. Heleringer) - Delete provision repealing KRS 387.330.
SCS - Retain original provisions and add Sections 8 through 13 to bill; amend KRS 386.093 and 387.660 to authorize an attorney-in-fact under a durable power of attorney to consent to a 14-day commitment of the disabled or incapacitated principal; require the attorney-in-fact under a durable power of attorney to give notice within 48 hours of the admittance to the District Court; require the attorney in fact under a durable power of attorney or physician to seek a KRS Chapter 202A order to extend the commitment period; require the District Court to appoint a guardian ad litem who shall report to the court on the patient's condition and needs within 48 hours of appointment and to require that any hearing held on the matter is to be within 3 days of receipt by the court of the guardian ad litem's report; require that the court order the fees for the guardian ad litem come from the estate of the patient or from the county in which the proceeding is held and to limit the fees to those provided in KRS 387.560; require any guardian appointed by the Cabinet for Families and Children to receive approval from the secretary of the Cabinet or the secretary's designee; create 4 new sections to establish a task force to study adult foster care; specify members of the task force; require the task force to submit a final report on its recommendations no later than October 1, 2002 to the LRC; allow the LRC to assign the issues to an interim joint committee or subcommittee and to designate a study completion date.
SFA (1, G. Neal) - Clarify that, for the purposes of KRS 386.093, a "durable power of attorney" is a power of attorney by which the principal designates another as the principal's attorney in fact.
Jan 8-introduced in House
Jan 9-to Judiciary (H)
Jan 28-posted in committee
Feb 6-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 7-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Feb 14-posted for passage in the Regular Orders of the Day for Friday, February 15, 2002
Feb 15-3rd reading, passed 82-0 with Committee Substitute, floor amendment (1)
Feb 19-received in Senate
Feb 21-to Judiciary (S)
Mar 20-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 21-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, March 26, 2002; floor amendment (1) filed to Committee Substitute
Mar 26-passed over and retained in the Orders of the Day
Mar 27-passed over and retained in the Orders of the Day
Mar 28-passed over and retained in the Orders of the Day
Mar 29-passed over and retained in the Orders of the Day
Apr 2-recommitted to Appropriations and Revenue (S)