STATE ADULT GUARDIANSHIP LEGISLATION: DIRECTIONS OF REFORM Commission on Law and Aging American Bar Association

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1 STATE ADULT GUARDIANSHIP LEGISLATION: DIRECTIONS OF REFORM 2005 Commission on Law and Aging American Bar Association In 2005, at least 15 states passed a total of 25 adult guardianship bills as compared with 19 bills in 14 states passed in This year New Jersey enacted the first major reform of the state s guardianship laws in more than 30 years. Six states made changes in their public guardianship programs, including legislation in Texas providing for extensive reform and reorganization of adult protective services and guardianship; as well as the creation of a public guardianship program in Georgia. Two states (Texas and New Jersey) initiated guardian certification/registration programs, and one state (Idaho) included certification in a pilot program. In addition, a number of states strengthened the monitoring and accountability of guardians, while others made procedural changes or addressed the powers and authorities of guardians. If you know of additional state guardianship legislation enacted in 2005, please contact Erica Wood, ABA Commission on Law and Aging, ericawood@staff.abanet.org, A. New Jersey: Major Reform Bill This year New Jersey passed the first major reform of the state s guardianship laws in more than 30 years. The sweeping legislation will better protect the legal rights and finances of... the most vulnerable of New Jersey s citizens and possibly provide the framework for a more satisfying quality of life (K. Bird, A New Day is Dawning, New Jersey Lawyer, Jan. 2, 2006). S.224 /A.1240 /A.1922 (signed by the acting Governor in January 2006) is a culmination of seven years of work, according to Shirley B. Whitenack, former Chair of the New Jersey State Bar Association s Elder and Disability Law Section. She noted that the legislation will shift the focus toward meeting people s medical needs and enhancing autonomy, whereas existing law focuses more on property. The bill was introduced nearly two years ago, and was supported by a large number of organizations including the Administrative Office of the Courts, the State Bar Association s Elder and Disability Law Section, the Office of the Public Guardian for Elderly Adults, the Guardianship Association of New Jersey and more. The bill s sponsor also introduced S. 221 as a companion bill, providing for the registration of professional guardians (see below). The 1

2 key provisions of S.224 include the following, according to an analysis by Shirley Whitenack: Determination of Capacity Substitutes the term incapacitated person for mental incompetent. Clarifies that either a ward or a guardian may petition for restoration. Selection of Guardian Directs that in the selection of a guardian, the court consider surrogate decisionmakers designated by the individual in a power of attorney, health care proxy or advance directive. Gives priority in selection of guardian to a registered domestic partner as well as spouse. Authority of Guardian/Scope of Guardianship Permits the court to appoint a limited guardian when an incapacitated person can do some but not all tasks to care for him/herself. Permits appointment of a pendente lite temporary guardian if there is risk of substantial harm. Such an order granted without notice expires in up to 45 days unless the court extends the time period for good cause. Clarifies that the powers of the guardian include filing or defending litigation on behalf of the individual. Clarifies that the guardian has the power to engage in planning concerning public assistance programs consistent with current law. States that a guardian is not legally obligated to provide for the ward from the guardian s own funds and is not liable to a third party for acts of the ward solely by reason of the guardianship relationship. Indicates that a guardian is not liable for injury to the individual from conduct of a care provider unless the guardian failed to exercise reasonable care in choosing the provider. Provides that generally a guardian is bound by the ward s previously executed health care power of attorney or advance directive. Permits the guardian, to the extent specifically ordered by the court for good cause shown, to initiate voluntary admission of the ward to a state or private psychiatric facility. Allows the guardian to sell or dispose of the ward s personal property to meet the ward s needs. Permits the guardian to institute an action that could be maintained by the ward including actions alleging fraud, abuse, undue influence and exploitation. 2

3 Duties of Guardian Requires the guardian to give due regard to the preferences of the ward and encourage the person s participation in decision-making. Requires the guardian to personally visit the ward every three months or as deemed appropriate by the court and to maintain sufficient contact to know the person s capacities, limitations and needs. Monitoring and Accountability Requires the guardian to report on the ward s condition and the estate, at frequency as ordered by the court. Specifies content of the guardian s report. Permits the court to appoint an individual to review the annual reports. Requires a guardian to follow the Prudent Investor Act in handling the ward s assets. B. Texas: Critical Changes in State APS and Guardianship System In 2004, in response to significant problems in the Texas adult protective services system and charges that it failed to provide needed protection to at-risk adults, the Governor issued an executive order directing the Health and Human Services Commission to oversee the systemic APS reform. The Commission issued a report documenting needed improvements, including the transfer of the state guardianship program to the Department of Aging and Disability Services. Consequently, in June of 2005 Governor Rick Perry signed SB 6, which includes substantial changes in the state s guardianship role in addition to major APS revisions. The following summary was prepared by Steven Fields of the Tarrant County Probate Court: Effective September 1, 2005, four state agencies will now be involved in guardianship in Texas. The Department of Family & Protective Services (DFPS) will continue to be charged with investigating referrals of abuse, neglect and exploitation. When an alleged incapacitated person is discovered to have been a victim of abuse, neglect or exploitation, the Department shall refer the person to the Department of Aging & Disability Services (DADS) for an assessment of whether a guardianship or less restrictive alternative service is needed. DFPS is also charged with alerting DADS to make an assessment of alleged incapacitated minors who are aging out of DFPS conservatorship. Under these two situations, DADS is authorized to apply to be appointed as temporary or permanent guardian. Otherwise, a court may appoint DADS only as temporary guardian of last resort after notice to DADS. A court may not appoint 3

4 DADS as permanent guardian unless DADS files an application to be appointed or DADS otherwise agrees. DADS may contract with local guardianship programs to provide guardianship services for individuals who would otherwise be its wards. Texas law still does not name a guardian of last resort. The Health and Human Services Commission (HHSC) is the executive branch s lead health and human service agency with authority over both DADS and DFPS. It continues to house the 15 volunteer member Guardianship Advisory Board whose mission is to advise HHSC on the adoption of a statewide guardianship system. Eleven of the Board members are appointed by the presiding judge of the statutory probate courts. HHSC will also provide $400,000 in grants to local guardianship programs in each of the years 2006 and This is an increase from $100,000 per year from and $250,000 in Local guardianship programs, which continue to provide the bulk of the public guardianships in Texas (3000 local guardianship program cases compared to 600 DADS cases), must provide the GCB each year with information about how many wards they serve, how much state funding they receive and how much other public they receive. Local programs will also now have civil immunity unless actions or omissions are made willfully wrongful, in bad faith, with malice or conscious indifference, or with gross negligence. Local programs and private professional guardians must also submit annually to the clerk of each county in whi8ch they serve the names and identifying information of all employees, volunteers and contractors of the program and these individuals are subject to criminal background checks by the clerk. B. Public Guardianship: States on the Move A 2005 national study defined public guardianship as the appointment and responsibility of a public official or publicly funded organization to serve as legal guardian in the absence of willing and responsible family members or friends to serve as, or in the absence of resources to employ, a private guardian. Using this definition, the study found that all except two states and the District of Columbia have some form of public guardianship -- and that in many states there is statutory authority for these programs, yet some operate without a legislative base (Teaster et al, Wards of the State: A National Study of Public Guardianship, April 2005). This year, in addition to Texas as described above, seven other states also made changes in their public guardianship programs: 4

5 1. Georgia Creation of Public Guardianship System. Previously in Georgia, the guardianship of last resort function was lodged in local guardians or local departments of family and children s services. In reality, adult protective services frequently served. This year HB 394 established a system of public guardians through the Department of Human Resources. The Department will register and compensate qualified private individuals or nonprofit entities as public guardians and local probate courts will keep lists of such public guardians in their jurisdiction. Key provisions include: Individuals registered as public guardians must be 18 years of age, submit to a criminal background check and investigation of credit history as prescribed by the Division of Aging Services of the Department of Human Resources, complete 20 hours of training approved by the Division (and at least 20 additional hours of training every two years); and demonstrate competency, education and experience in guardianship, social work or case management and fiduciary integrity, as well as ability to carry out the values of the ward. Nonprofit entities registered as public guardians must ensure that employees with direct contacts with wards meet the requirements for individual public guardians, maintain liability insurance, and submit to an investigation of financial records. Public guardians must give bond of not less than $10,000; maintain proper financial, case and statistical records; file annual reports and a report of efforts to locate others to serve; and visit the ward at least four times a year. An individual public guardian may have no more than five wards; and a nonprofit entity serving as public guardian may have no more than thirty wards. This is in general accord with a recommendation of the national public guardianship study that public guardianship programs should be capped at specific staff-to-ward ratios (Teaster et al 2005). If wards have insufficient resources, the Division of Aging Services will compensate public guardians with funds appropriated by the General Assembly. 2. Idaho Guardianship Pilot Project Fund. As part of a three-county guardianship pilot project, HB 131 includes consideration of an office of public guardian in the three jurisdictions (see below for further provisions on HB 131). 3. Iowa Office of Substitute Decision-Making. Until this year, Iowa law allowed the Department of Human Services to create county volunteer guardianship programs, but since no funding was allocated, only one was created and no structured statewide public guardianship program existed. HF 825 establishes a statewide Office of Substitute Decision-Maker in the Department of Elder Affairs. However, implementation is subject to the availability of funding, and no funding was appropriated in As 5

6 reflected in a summary prepared by Deanna Clingan-Fischer, state legal services developer in the Department of Elder Affairs, the new law Authorizes the selection and establishment (through a request for proposals process) of local offices of substitute decision-maker when no private substitute decisionmaker is available; Specifies that the local offices may not provide direct services to clients unless the provision of direct services is approved by the state office; Includes as substitute decision-maker a guardian, conservator, representative payee, attorney in fact under a power of attorney, or personal representative of an estate; Provides for state oversight responsibilities for local offices, and requires that the state office will act as decision-maker or personal representative if no local office is available; Requires that state office to develop a listing of services and programs to assist wards, to provide information to the public on substitute decision-making and to develop an education and training program for public and private substitute decisionmakers; Requires the Department of Elder Affairs to adopt rules concerning an ideal range of staff-to-client ratios for the sate and local substitute decision-making offices, standards, a fee schedule and procedures; Allows the state office to intervene in a guardianship or conservatorship proceeding for the best interests of the individual if a guardian or conservator is not fulfilling prescribed duties. 4. North Dakota Guardianship Services System. SB 2028 allows the Department of Human Services to create and coordinate a unified system for the provision of guardianship services to vulnerable adults who are ineligible for developmental disabilities case management services. The system must include guardian standards, staff competency requirements, and guidelines and training for guardians. In addition, the Department must require that a contracting entity develop and maintain a system of volunteer guardians for the state. While advocates had sought $752,000 for this system, the appropriation was $40,000, which will be used for direct guardianship services for the mentally ill (Bill Chaussee, Guardian & Protective Services, Inc, Bismarck). 5. Nevada Role of Deputies in Public Guardianship. In Nevada, county boards of commissioners have established county public guardianship programs in some 6

7 counties, housed as independent agencies or in the offices of public administrators or district attorneys. AB 151 permits such a public guardian to appoint deputies to perform the duties of the office. The bill also specifies that an appointed public guardian serves at the pleasure of the board of county commissioners. 6. Virginia Serving Uncovered Areas of the State. In 1998, Virginia enacted a statewide public guardianship program, coordinated by the Department for the Aging. However, funding has not permitted actual statewide coverage. Currently, 10 local public guardianship programs serve in selected areas of the state. SB 719 targets uncovered areas of the state, specifying that if an individual has been adjudicated incapacitated and the court has not identified any person to serve as guardian or conservator within one month, the court may appoint any local public guardianship program within 60 miles of the incapacitated person s residence. However, the court may not make such an appointment if the local program has reached its ideal ratio of clients to staff as set out in regulations. (Such regulations are in the public comment process, and provide for a ratio of 1:20 FTE staff to incapacitated persons.) 7. New Jersey New Role for Public Guardianship Office. New Jersey has had an Office of the Public Guardian for Elderly Adults for many years. In 2005, SB 221 provides a new role for the Office, requiring that it shall maintain a statewide registry of registered professional guardians and make all information in the registry available to the Administrative Director of the Courts... or to other interested parties upon request. (See below summary of registration program.) The legislation includes provisions in the declarations section stating that the registration of professional guardians, to be available when family, friends or the Office of the Public Guardian for Elderly Affairs are unable to act, will enhance the quality of care given to vulnerable adults and it is important to increase the number of persons who can serve as professional guardian when the Office of the Public Guardian for Elderly Adults is not available.... Often public guardianship programs are intended to serve as guardian of last resort when no other option is available, and frequently are charged with the responsibility of identifying others to serve. In contrast, the New Jersey language gives the Office priority in serving before private professionals. C. Certification/Registration Programs. The 2001 National Wingspan Guardianship Conference recommended that Professional guardians those who receive fees for serving two or more unrelated wards should be licensed, certified, or registered (Wingspan Recommendations, Stetson Law Review, Spring 2002). Arizona, Washington, Florida and a few other selected states have 7

8 or are developing such programs. This year three additional states took steps toward certification or registration of professional guardians. 1. Texas Certification Program. Under SB 6, the Texas Supreme Court s Office of Court Administration will now house a 15 volunteer member Guardianship Certification Board (GCB) which is charged with the certification of all paid professional guardians by September 1, The GCB members will be appointed by the Supreme Court. All private professional guardians, paid guardians with local guardianship programs and paid guardians of the Department of Aging and Disability Services (DADS) program must be certified by the GCB with re-certification every two years, and must submit to a criminal history check. The GCB may accept national certification [certification by the National Guardianship Foundation] in lieu of state certification provided that the guardian pays a state application fee. The GCB will have the duty to establish minimum standards for private professional guardians, local guardianship programs and the DADS guardianship program (Summary by Steven Fields). 2. New Jersey Registration Program. SB 221, signed by the acting governor in January 2006, establishes a registration requirement for private professional guardians serving five or more wards. The new law provides that private professional guardians be registered by the Office of the Public Guardian for Elderly Affairs. Qualifications for registration include: New Jersey residency or office; five years of guardianship experience, or college degree and two years of experience in care management or related work; liability insurance; credit check; criminal history check; child abuse and domestic violence check; no outstanding arrest warrants; and completion of approved initial and continuing education. The Office of Public Guardian must maintain a statewide registry for use of the Superior Court or other parties. The new law establishes a Registered Professional Guardian Fund as a depository for monies received from guardian registration fees ($150). 3. Idaho Pilot. The Guardianship Pilot established by HB 131 may include a requirement that guardians be registered in the three or more participating jurisdictions. D. Who s Guarding the Guardians Monitoring and Accountability During the past 15 years, many states have sought to bolster the court s tools for oversight of guardians. Despite these advances, news stories frequently highlight instances in which monitoring procedures remain lax and incapacitated persons are 8

9 subject to risk. Most recently, the Los Angeles Times charged that Probate courts are supposed to watch conservators conduct and discipline those who abuse their authority. They ve failed miserably in this vital role (Leonard et al, LA Times, November 14, 2005). This year several states passed measures concerning guardian accountability: 1. Idaho Conservator s Report; Guardian/Conservator Plan. HB 80 sets out requirements for a conservator s report, including reasonably detailed listings of the initial inventory, receipts, expenses, and the ending inventory. It allows federally and state chartered financial institutions to submit reports in their own form so it does not have to be redone in the standard report form. The bill s statement of purpose notes that the report requirements will help to standardize to the extent possible how reports are structured, which will simplify monitoring of such reports. Statutes in some nine states at least allude to the concept of guardian plans forward looking instruments in which the guardian sets out proposed actions that the judge can then use as a benchmark in evaluating the annual report (Hurme & Wood, Guardian Accountability.., Stetson, Spring 2002). Idaho HB 81 requires that the petition for appointment of a guardian or conservator include a plan in reasonable detail for the proposed actions of the guardian regarding the affairs of the ward after appointment or that a plan be submitted within 30 days after appointment of a guardian or for financial affairs within the 90-day inventory. Such plans must be given to any person who has filed a request for notice and to other persons as the court directs. Any changes between annual reports are to be included in the next report. According to the bill s statement of purpose, this keeps the court in touch with what is supposed to be the general structure of the affairs of the protected person or ward. This makes review and monitoring much easier... [and alerts guardians and conservators] that they should be looking at long term needs of the protected person or ward. Idaho Guardianship Pilot Project Fund. In March, the Governor signed HB 131, which establishes a pilot project that will include at least three counties to help design and improve the reporting and monitoring system for guardianships and conservatorships. The pilot is funded through filing fees. In addition to consideration of a public guardianship program, elements of the pilot project may include: adoption of standards of practice for guardians; a registration requirement; a review of state law concerning treatment of persons with developmental disabilities; and if federal funding is available, monies for APS to seek guardians in cases for which a volunteer is not available. 9

10 2. North Dakota Frequency & Approval of Guardian s Report. SB 2030, signed by the Governor in March, changes the requirement for a guardian s report from as ordered by the court to annually, and sets out the contents of the report. The filing of a guardian s report or a conservator s report and accounting does not constitute the court s approval. The court may approve a report and allow and settle an accounting only with notice to the ward s guardian ad litem, the protected person, and other interested persons who have made an appearance or requested notice of proceedings. The state court administrator must provide printed forms for the reports. 3. New Hampshire Guardian s Annual Report. SB 59 requires the guardian to file an annual report unless the court finds that such report is not necessary. It also specifies that the court must review the guardian s authority to make medical treatment decisions as part of its review of the guardian s annual report instead of every five years. 4. Texas Removal of Guardian; Investigation of Ward Circumstances. SB 346 shortens the time (from 90 to 30 days) in which the court may remove a guardian after qualification for failing to return an inventory and list of claims. HB 230 allows removal of a guardian who has neglected the ward. Texas HB 1191 provides that if the ward makes a request for modification or termination of the guardianship order by informal letter to the court, the court must appoint an investigator or guardian ad litem to investigate the circumstances of the ward and determine whether a modification of the guardianship is necessary, and makes other changes as described below. 5. Colorado Criminal History Record Checks. HB 1013 requires a prospective guardian to file a criminal history record check with the acceptance of office, as well as a statement that he or she has not been convicted, been subject to a restraining order or civil judgment, and has not been relieved of any court-appointed responsibilities. The new requirement does not apply to a public administrator, trust company, bank, credit union, savings and loan, state or county agency, parent and the court may waive the requirement for good cause shown. 6. Arkansas Disclosure by Guardian of Veteran. HB 1782 requires a guardian of a veteran to disclose to the court as part of the annual account the amount of interest paid on any loan or debt. E. Changes in the Guardianship Process or the Authority of the Guardian 10

11 Additional bills made a panoply of statutory changes that taken together show that legislators across the country continue to wrestle with the guardianship process, as well as the authority and duties of a guardian. 1. New York Health Care Decision-Making Authority. New York case law has established the position that surrogates including guardians --- may not make end of life decisions for persons who lack decisional capacity unless they are acting in accordance with a very specific advance directive. Because terminally ill persons with mental retardation may never have had the capacity to execute such an advance directive showing clear and convincing evidence of their wishes, the New York legislature in 2002 passed a provision allowing guardians of persons with mental retardation to make decisions to withhold or withdraw life-sustaining treatment subject to strict controls. In 2003, this authority was extended to corporate guardians. In 2005, A5323 further extends the authority to guardians of individuals with developmental disabilities -- provided the person is certified as having a developmental disability that includes mental retardation or results in a similar impairment, and is unable to make his or her own health care decisions. 2. Texas Revisions in Procedure and Guardian s Authority. HB 1191 clarifies that appointment of a temporary guardian does not raise a presumption of incapacity. It also makes changes in the records upon removal of a guardian; provisions for a monthly allowance for the education and maintenance of the ward when different persons have guardianship of the person and estate; and the guardian s authority to invest in or sell securities under an investment plan. 3. New Hampshire Minor Change in Timeframe. SB 167 makes a minor change in the time for the court s consideration of a petition to extend the guardianship. 4. Minnesota -- Conservator Transactions. In 2003, Minnesota adopted comprehensive code revisions based on the Uniform Guardianship and Protective Proceedings Act, and in 2004 made some additional procedural changes. This year, Minnesota HF 2156 addressed conservator transactions affected by a conflict between the conservator s fiduciary and personal interests, giving the court discretion to allow such a transaction if the protected person is a parent, child or sibling of the conservator and if the transaction is in the best interest of the protection person. 5. Connecticut Temporary Guardianship; Long-Term Care Placement. The Connecticut legislature passed two measures that aim to ensure the least restrictive 11

12 alternative for respondents. SHB 6849 addresses temporary conservatorship (guardianship), limiting the responsibilities and powers of the temporary conservator to the circumstances that give rise to the application, and prohibiting the temporary conservator from changing the respondent s residence without a court finding of necessity. In limiting the authority of the temporary conservator, the court must consider the respondent s abilities, previously expressed wishes, any prior appointment of a health care or financial agent or other fiduciary and any relevant social/community services. The bill also tightened language allowing ex parte appointment without notice if there is risk of immediate and irreparable injury. Procedural safeguards are critical in temporary guardianship, as Constitutional rights are at stake. In the almost 15-year old landmark case of Grant v. Johnson, 757 F. Supp (D. Or. 1991), a federal district court declared the Oregon temporary guardianship statute unconstitutional in that it did not provide minimum due process protections. SHB 6849 and SHB 6851 require court approval for placement of the ward in a skilled nursing facility or intermediate care facility. The conservator or temporary conservator must file a report of intended placement including exploration of community resources to avoid placement, and the court must hold a hearing. If the respondent is being discharged from a hospital or if irreparable injury would result, the conservator may file the report within five days after placement. 6. Idaho Role of Guardian ad Litem. HB 79 sets out specified duties and powers of a guardian ad litem. It provides that the guardian ad litem must conduct an independent factual investigation, file a written report with recommendations, act as advocate for the ward at each stage of the procedure, facilitate and negotiate to ensure that the court, the department of health and welfare, if applicable, and the ward s attorney, if any, each fulfill their obligations to the ward in a timely fashion, monitor the circumstances of the ward, meet with any person having custody of the ward and report the person s concerns to court, maintain confidentiality, and determine whether less restrictive alternatives to guardianship or a limited guardianship would suffice. The powers and duties continue until resignation or removal of the guardian ad litem. 7. Idaho Temporary Guardianship. HB 82 makes two changes in the appointment of a temporary guardian or conservator. First, the new language changes the time period for appointment of a temporary guardian from 60 to 90 days to match the time period for appointment of a temporary conservator. Second, for a temporary conservator, the language deletes a requirement of a medical report by a doctor or licensed psychologist. The bill s Statement of Purpose explains that this is because in a great many cases the person needing protection refuses both to leave the home to meet 12

13 with a doctor or psychologist or to allow a doctor or psychologist into the home. This creates a roadblock to obtaining protection in emergency situations. The petitioner must still show under oath that an emergency exists North Dakota -- Successor Guardian. SB 2029 sets out a procedure for appointment of a successor guardian, upon a motion by the current guardian or any interested person. If the current of former guardian is a public administrator or corporate guardian with more than 10 wards, that program must give notice to the state office of the protection and advocacy project. 9. Washington -- Voting Rights. State constitutions and guardianship statutes treat voting rights for individuals under guardianship very differently. Some states specifically bar such individuals from voting while others leave the determination as to the court (Hurme, Guardianship and Voting Rights, Bifocal, Fall 2004). Washington s SHB 1876 begins with a legislative finding that any restriction of voting rights imposed through guardianship proceedings should be narrowly tailored to avoid a denial of fundamental liberty. It requires that the court order establishing the guardianship must specify whether the individual retains voting rights, and clarifies that loss of ability to vote means that the individual lacks the capacity to understand the nature and effect of voting such that she or he cannot make an individual choice. State Adult Guardianship Legislation at a Glance: 2005 State Bill Number Provisions Arkansas HB 1752 Requires certain disclosure by guardian of veteran Colorado HB1013 Requires prospective guardian to file criminal history record check Connecticut SHB 6849 Addresses temporary conservatorship. Connecticut SHB 6851 Requires court approval for placement of ward in skilled or intermediate care facility. Georgia HB 394 Establishes system of public guardians. Idaho HB 79 Sets out duties & powers of guardian ad litem. Idaho HB 80 Sets out requirements for conservator s report. Idaho HB 82 Revises procedures for appointment of temporary guardian/conservator. Idaho HB 131 Establishes pilot project on reporting & monitoring system. Iowa HF 825 Establishes a state office of substitute decisionmaker and authorizes the establishment of local 13

14 offices to serve adults and their estates after their deaths when no private substitute decision-maker is available. Minnesota HF 2156 Addresses certain conservatorship transactions. Nevada AB 151 Concerns county public guardianship programs. New Hampshire SB 59 Makes revisions in guardian s annual report requirements. New Jersey SB 221 Establishes registration requirement for private professional guardians. New Jersey SB 224 Makes comprehensive revisions in guardianship law, including emphasis on limited guardianship and revisions in powers and duties of guardian. New York A5323 Allows guardians of individuals with developmental disabilities to make decisions to withhold or withdraw life-sustaining treatment subject to strict controls. North Dakota SB 2028 Provides for system of guardianship services. North Dakota SB 2029 Sets out procedure for appointment of successor guardian. North Dakota SB 2030 Revises requirements for guardian s report. Texas SB 6 Makes substantial changes in state s guardianship and elder abuse systems. Texas HB 1191 Concerns ward s request for termination or modification. Texas HB 230 Concerns removal of guardian who has neglected ward. Texas SB 346 Concerns removal of guardian who fails to return inventory. Virginia SB 719 Addresses public guardianship in uncovered areas of state. Washington SHB 1876 Concerns voting rights for individuals under guardianship. 14

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