LD 2087, Page 5 - 122th Legislature, SECOND REGULAR Session

shall appoint a visitor or a guardian ad litem to visit the

protected person and make a report to the court within 10 days of

the appointment of the visitor or guardian ad litem. The visitor

or guardian ad litem shall serve the protected person with a copy

of the order appointing the temporary conservator and shall explain

the meaning and consequences of the appointment. The visitor or

guardian ad litem shall inquire of the protected person whether

that person wishes to contest any aspect of the temporary

conservatorship or seek any limitation of the temporary

conservator's powers. The visitor or guardian ad litem shall

advise the protected person of that person's right to contest the

temporary conservatorship by requesting an expedited hearing under

subsection (b) and shall advise the protected person of that

person's right to be represented by counsel of that person's own

choice or by counsel appointed by the court. The visitor or

guardian ad litem shall also interview the temporary conservator,

except in cases where the court itself has taken action to exercise

the powers of a temporary conservator. In the report to the court,

the visitor or guardian ad litem shall inform the court that the

protected person has received a copy of the order appointing the

temporary conservator and shall advise the court ~~as to whether~~ if

circumstances indicate that the protected person wishes to contest

any aspect of the temporary conservatorship or seek a limitation of

the temporary conservator's powers and whether the protected person

is already represented by counsel. The visitor or guardian ad

litem shall also advise the court whether any issue exists with

respect to whether the appointment of the temporary conservator is

in the protected person's best interest.

SUMMARY

This bill is submitted by the Joint Standing Committee on
Judiciary pursuant to Resolve 2005, chapter 91. It is based on
recommendations included in the report submitted by the
Department of Health and Human Services prepared pursuant to the
same resolve. The bill addresses notice and other issues
involving the appointment of temporary guardians and conservators
by the Probate Courts.

This bill requires that before a person files a petition for a
temporary guardianship or conservatorship, notice of the petition
must be given to the allegedly incapacited person or the person
alleged to be in need of protection as well as specific family
members or others involved in the life of that person. The
specifics of the notice are listed. Notice is not required in
certain circumstances: if notice will place the person at
substantial risk of abuse, neglect or exploitation; if notice
would not be effective; and if other good cause is determined by

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