S0506B0398A00789 MAB:EJH 06/05/23 #90 A00789
AMENDMENTS TO SENATE BILL NO. 506
Sponsor: SENATOR BAKER
Printer's No. 398
Amend Bill, page 1, line 4, by striking out "and" where it
occurs the first time and inserting a comma
Amend Bill, page 1, line 5, by inserting after "guardian"
and for review hearing
Amend Bill, page 7, line 3, by striking out all of said line
and inserting
Section 2. Sections 5512.1(a) and 5512.2 of Title 20 are
amended to read:
Amend Bill, page 9, by inserting between lines 2 and 3
ยง 5512.2. Review hearing.
(a) [Time of hearing.--The court may set a date for a review
hearing in its order establishing the guardianship or hold a
review hearing at any time it shall direct. The court shall
conduct a review hearing promptly if the incapacitated person,
guardian or any interested party petitions the court for a
hearing for reason of a significant change in the person's
capacity, a change in the need for guardianship services or the
guardian's failure to perform his duties in accordance with the
law or to act in the best interest of the incapacitated person.
The court may dismiss a petition for review hearing if it
determines that the petition is frivolous.] Automatic review.--
If the evidence presented during the guardianship proceeding
indicates that the circumstances of the person's incapacity may
change, the court shall hold a review hearing to determine
whether the guardianship continues to be necessary. The court
shall set the date for a review hearing under this subsection in
the court's order establishing guardianship. The review hearing
under this subsection shall be held no later than one year from
the date of the order establishing the guardianship. The hearing
shall be conducted in the presence of the incapacitated person
and the person's attorney, and the court shall adhere to the
procedures and standards as outlined in section 5512.1(a). If,
following the presentation of evidence and testimony from all
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parties, the court finds that guardianship continues to be
necessary and that no less restrictive alternatives exist, the
court may order that the guardianship continue. If the court
finds that guardianship is no longer necessary or a less
restrictive alternative exists, the court shall discharge the
guardianship. In determining whether the circumstances of the
person's incapacity may change, the court may consider any of
the following:
(1) whether the incapacity could be adequately managed
by medication, rehabilitation or other means;
(2) whether the potential exists for the incapacitated
person to regain physical or cognitive capacity;
(3) the opinion of a medical professional or other
qualified expert who has personally examined the
incapacitated person;
(4) the circumstances of the incapacitated person's
daily living, including, but not limited to, support from
others; and
(5) any other factor indicating that the incapacitated
person's condition could improve at a future time.
(a.1) Petition for review.--At any time following the
issuance of the order establishing guardianship, any interested
person may file a petition with the court to terminate or modify
the guardianship. The court shall promptly schedule a hearing or
hold a review hearing at any time it shall direct. The hearing
shall be held in the presence of the incapacitated person and
the incapacitated person's attorney, and the court shall adhere
to the procedures and standards as outlined in section
5512.1(a). If, following the presentation of evidence and
testimony from all parties, the court finds that guardianship
continues to be necessary and that no less restrictive
alternatives exist, the court may order that the guardianship
continue. If the court finds that guardianship is no longer
necessary or a less restrictive alternative exists, the court
shall discharge the guardianship.
(b) Burden of proof and rights.--The incapacitated person
shall have all of the rights enumerated in this chapter. Except
when the hearing is held to appoint a successor guardian, the
burden of proof, by clear and convincing evidence, shall be on
the party advocating continuation of guardianship or expansion
of areas of incapacity.
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