HB5
WWW Version
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HB 5 (BR 341) - D. Elliott, J. Jenkins, M. Meredith
AN ACT regarding guardianship and conservatorship of partially disabled or disabled adults.
Amend KRS 210.290, relating to public guardianship, to specify when the Cabinet for Health and Family Services may be appointed as a resident's limited guardian, guardian, limited conservator, or conservator; amend KRS 387.510 to provide that a guardian or limited guardian is to manage the personal affairs of a disabled person; amend KRS 387.540 to allow a physician assistant to be part of an interdisciplinary evaluation team; amend KRS 387.570 and 387.580 to retain the right to a jury trial in a guardianship competency hearing if demanded by or on behalf of any party; amend KRS 387.590 to clarify that the same individual, agency, or corporation may be both a guardian and a conservator; amend KRS 387.610 to allow an advanced practice registered nurse or a physician assistant working within his or her scope of practice to verify a renewal petition for guardianship or conservatorship; amend KRS 387.660 to remove custody from a guardian's powers and duties; amend KRS 387.680 to clarify that a limited conservator or conservator may establish or place financial resources in a trust; amend KRS 387.670, 387.700, and 387.710 to conform.
AMENDMENTS
HCS1 - Retain original provisions; amend KRS 210.590 to clarify who qualifies as a "resident of the state"; clarify that only upon written order of the court in exceptional circumstances can the Cabinet for Health and Family Services be appointed for certain residents as a limited guardian, guardian, limited conservator, or conservator; provide that if a person for whom the cabinet is a limited guardian, guardian, limited conservator, or conservator dies with less than $10,000, the cabinet shall ensure certain expenses are paid prior to the release of funds to the person's estate; amend KRS 387.510 to clarify that "disabled" means any person 17 years of age or older; amend KRS 387.570 to allow a bench trial at a guardianship competency hearing when the parties agree, there is no objection from interested parties, and all persons preparing the interdisciplinary report agree that the person is disabled or partially disabled.
Jan 05, 2018 - introduced in House
Jan 09, 2018 - to Judiciary (H)
Jan 16, 2018 - posted in committee
Jan 31, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)
Feb 01, 2018 - 2nd reading, to Rules
Feb 02, 2018 - posted for passage in the Regular Orders of the Day for Monday, February 5, 2018
Feb 05, 2018 - 3rd reading, passed 79-3 with Committee Substitute
Feb 06, 2018 - received in Senate
Feb 07, 2018 - to Health & Welfare (S)
Feb 21, 2018 - reported favorably, 1st reading, to Consent Calendar
Feb 22, 2018 - 2nd reading, to Rules
Feb 28, 2018 - posted for passage in the Consent Orders of the Day for Wednesday, February 28, 2018; 3rd reading, passed 38-0
Mar 01, 2018 - received in House; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
Mar 13, 2018 - signed by Governor (Acts, ch. 13)