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Legislative Update

Guardianship and adult protective services report

February 19, 2016 Filed Under: Probate

The House Family, Children and Human Affairs Committee heard SB 192, sponsored by Rep. DeVon, on guardianship and adult protective services report. Author Sen. Crider introduced the bill that provides, unless specifically authorized by a court order, a guardian may not restrict a protected person’s right to communication, visitation, or interaction with other individuals. It also provides that a court may not deny an individual the right to communicate, visit, or interact with a protected person unless certain conditions are met, and requires a guardian to communicate certain information to a protected person’s close relatives and other designated individuals. The bill requires the Family and Social Services Administration (FSSA), in cooperation with the Indiana Prosecuting Attorneys Council (IPAC), to prepare and submit budget recommendations for adult protective services to the legislative council before December 1, 2016.
The bill was amended by consent to remove the provision that provides if a protected person is unable to express consent to communication, visitation, or interaction with another individual, then the consent of the protected person is presumed based on the protected person’s prior relationship history with the individual. Among those testifying in favor of the bill include representatives from the Indiana State Guardianship Association, FSSA, Indiana Adult Guardianship Taskforce testified and the Alzheimer’s Association. The amended bill passed 11-0.
Read the bill at https://iga.in.gov/legislative/2016/bills/senate/192

Filed Under: Probate Tagged With: guardianship

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