Georgia 2023-2024 Regular Session

Georgia House Bill HB291 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		23 LC 48 0875S
2	2		H. B. 291 (SUB)
3	3		- 1 -
4		-	House Bill 291 (COMMITTEE SUBSTITUTE)
5		-	By: Representatives Scoggins of the 14
6		-	th
7		-	, Smith of the 18
8		-	th
9		-	, and Oliver of the 82
10		-	nd
11		-
	4	+	The House Committee on Juvenile Justice offers the following substitute to HB 291:
12	5		A BILL TO BE ENTITLED
13	6		AN ACT
14		-	To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward,
15		-	1
	7	+	To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward,1
16	8		so as to add to the list of providers who are authorized to participate in the processes for2
17	9		appointment of a guardian for an adult, the modification and termination of such3
18	10		guardianship, and the appointment of emergency guardian; to add to the list of providers who4
19	11		are authorized to participate in the processes for appointment of a conservator for an adult,5
20	12		the modification and termination of such conservatorship, and the appointment of emergency6
21	13		conservator; to provide for limitations on the powers and duties of certain emergency7
22	14		conservators; to revise and provide for definitions; to provide for related matters; to repeal8
23	15		conflicting laws; and for other purposes.9
24	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
25	17		SECTION 1.11
26	18		Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is12
27	19		amended by revising paragraph (10) and adding a new paragraph to Code Section 29-1-1,13
28	20		relating to definitions, to read as follows:14
29		-	"(10) 'Licensed clinical social worker' means a social worker who is licensed as such
30		-	in15
	21	+	"(10) 'Licensed clinical social worker' means a social worker who is licensed as such in15
31	22		accordance with the provisions of Chapter 10A of Title 43.16 23 LC 48 0875S
32	23		H. B. 291 (SUB)
33	24		- 2 -
34	25		(10.1) 'Licensed master's social worker' means a social worker who is licensed as such17
35	26		in accordance with the provisions of Chapter 10A of Title 43."18
36	27		SECTION 2.19
37	28		Said title is further amended in Code Section 29-4-10, relating to petition for appointment20
38	29		of guardian and requirements for petition, by revising paragraph (1) of subsection (c) as21
39	30		follows:22
40	31		"(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported23
41	32		by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,;24
42	33		a psychologist licensed to practice under Chapter 39 of Title 43,; an advanced practice25
43	34		registered nurse, licensed practical nurse, or registered professional nurse licensed to26
44	35		practice under Chapter 26 of Title 43; a physician assistant licensed under Chapter 34 of27
45	36		Title 43; or a licensed clinical social worker, licensed master's social worker, licensed28
46	37		marriage and family therapist, or professional counselor licensed under Chapter 10A of29
47	38		Title 43, or, if the proposed ward is a patient in any federal medical facility in which such30
48	39		a physician, psychologist, or advanced practice registered nurse, licensed practical nurse,31
49	40		registered professional nurse, physician assistant, licensed clinical social worker, licensed32
50	41		master's social worker, licensed marriage and family therapist, or professional counselor33
51	42		is not available, a physician, psychologist, or advanced practice registered nurse, licensed34
52	43		practical nurse, registered professional nurse, physician assistant, licensed clinical social35
53	44		worker, licensed master's social worker, licensed marriage and family therapist, or36
54	45		professional counselor who is authorized to practice in that such federal facility."37
55	46		SECTION 3.38
56	47		Said title is further amended in Code Section 29-4-11, relating to prerequisite judicial finding39
57	48		of probable cause, notice, petition, evaluations, and reporting requirements for appointment40
58	49		for guardians for adults, by revising subsection (d) as follows:41 23 LC 48 0875S
59	50		H. B. 291 (SUB)
60	51		- 3 -
61	52		"(d)(1) If the petition is not dismissed under pursuant to subsection (b) of this Code42
62	53		section, the court shall appoint an evaluating physician evaluator who shall be a physician43
63	54		licensed to practice medicine under Chapter 34 of Title 43,; a psychologist licensed to44
64	55		practice under Chapter 39 of Title 43,; an advanced practice registered nurse, licensed45
65	56		practical nurse, or registered professional nurse licensed to practice under Chapter 26 of46
66	57		Title 43; a physician assistant licensed under Chapter 34 of Title 43; or a licensed clinical47
67	58		social worker, licensed master's social worker, licensed marriage and family therapist, or48
68	59		professional counselor licensed under Chapter 10A of Title 43, or, if the proposed ward49
69	60		is a patient in any federal medical facility in which such a physician, psychologist, or50
70	61		advanced practice registered nurse, licensed practical nurse, registered professional nurse,51
71	62		physician assistant, licensed clinical social worker, licensed master's social worker,52
72	63		licensed marriage and family therapist, or professional counselor is not available, a53
73	64		physician, psychologist, or advanced practice registered nurse, licensed practical nurse,54
74	65		registered professional nurse, physician assistant, licensed clinical social worker, licensed55
75	66		master's social worker, licensed marriage and family therapist, or professional counselor56
76	67		who is authorized to practice in that such federal facility, other than the physician,57
77	68		psychologist, or advanced practice registered nurse, licensed practical nurse, registered58
78	69		professional nurse, physician assistant, licensed clinical social worker, licensed master's59
79	70		social worker, licensed marriage and family therapist, or professional counselor who60
80	71		completed the affidavit attached to the petition pursuant to subsection (c) of Code Section61
81	72		29-4-10.62
82	73		(2) When evaluating the proposed ward, the physician, psychologist, or advanced63
83	74		practice registered nurse, licensed practical nurse, registered professional nurse, physician64
84	75		assistant, licensed clinical social worker, licensed master's social worker, licensed65
85	76		marriage and family therapist, or professional counselor shall explain the purpose of the66
86	77		evaluation to the proposed ward. The proposed ward may remain silent. Any statements67
87	78		made by the proposed ward during the evaluation shall be privileged and shall be68 23 LC 48 0875S
88	79		H. B. 291 (SUB)
89	80		- 4 -
90		-	inadmissable as evidence in any proceeding other than a proceeding under this chapter.
91		-	69
	81	+	inadmissable as evidence in any proceeding other than a proceeding under this chapter.69
92	82		The proposed ward's legal counsel shall have the right to be present but shall not70
93	83		participate in the evaluation.71
94	84		(3) The evaluation shall be conducted with as little interference with the proposed ward's72
95	85		activities as possible. The evaluation shall take place at the place and time set in the73
96		-	notice to the proposed ward and the
97		-	his or her legal counsel and the time set shall not be74
	86	+	notice to the proposed ward and the his or her legal counsel and the time set shall not be74
98	87		sooner than the fifth day after the service of notice on the proposed ward. The court,75
99	88		however, shall have the exclusive power to change the place and time of the examination76
100	89		at any time upon reasonable notice being given to the proposed ward and to his or her77
101	90		legal counsel. If the proposed ward fails to appear, the court may order that the proposed78
102	91		ward be taken directly to and from a medical facility or the office of the physician,79
103	92		psychologist, or advanced practice registered nurse, licensed practical nurse, registered80
104	93		professional nurse, physician assistant, licensed clinical social worker, licensed master's81
105	94		social worker, licensed marriage and family therapist, or professional counselor for82
106	95		purposes of evaluation only. The evaluation shall be conducted during the normal83
107	96		business hours of the facility or office and the proposed ward shall not be detained in the84
108	97		facility or office overnight. The evaluation may include, but not be limited to:85
109	98		(A) A self-report from the proposed ward, if possible;86
110	99		(B) Questions and observations of the proposed ward to assess the functional abilities87
111	100		of the proposed ward;88
112	101		(C) A review of the records for the proposed ward, including, but not limited to,89
113	102		medical records, medication charts, and other available records;90
114	103		(D) An assessment of cultural factors and language barriers that may impact the91
115	104		proposed ward's abilities and living environment; and92
116	105		(E) All other factors the evaluator determines to be appropriate to the evaluation.93
117	106		(4) A written report shall be filed with the court no later than seven days after the94
118	107		evaluation, and the court shall serve a copy of the report by first-class mail upon the95 23 LC 48 0875S
119	108		H. B. 291 (SUB)
120	109		- 5 -
121	110		proposed ward and the proposed ward's legal counsel and, if any, the guardian ad litem96
122	111		if appointed.97
123	112		(5) The report shall be signed under oath by the physician, psychologist, or licensed98
124	113		clinical social worker evaluator and shall:99
125	114		(A) State the circumstances and duration of the evaluation, including a summary of100
126	115		questions or tests utilized, and the elements of the evaluation;101
127	116		(B) List all persons and other sources of information consulted in evaluating the102
128	117		proposed ward;103
129	118		(C) Describe the proposed ward's mental and physical state and condition, including104
130	119		all observed facts considered by the physician or psychologist or licensed clinical social105
131	120		worker evaluator;106
132	121		(D) Describe the overall social condition of the proposed ward, including support, care,107
133	122		education, and well-being; and108
134	123		(E) Describe the needs of the proposed ward and their foreseeable duration.109
135	124		(6) The proposed ward's legal counsel may file a written response to the evaluation,110
136	125		provided the response is filed no later than the date of the commencement of the hearing111
137	126		on the petition for guardianship. The response may include, but is not limited to,112
138	127		independent evaluations, affidavits of individuals with personal knowledge of the113
139	128		proposed ward, and a statement of applicable law."114
140	129		SECTION 4.115
141	130		Said title is further amended in Code Section 29-4-14, relating to petition for appointment116
142	131		of emergency guardian of an adult and requirements of petition, by revising paragraph (1)117
143	132		of subsection (d) as follows:118
144	133		"(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported119
145	134		by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,;120
146	135		a psychologist licensed to practice under Chapter 39 of Title 43,; an advanced practice121 23 LC 48 0875S
147	136		H. B. 291 (SUB)
148	137		- 6 -
149	138		registered nurse, licensed practical nurse, or registered professional nurse licensed to122
150	139		practice under Chapter 26 of Title 43; a physician assistant licensed under Chapter 34 of123
151	140		Title 43; or a licensed clinical social worker, licensed master's social worker, licensed124
152	141		marriage and family therapist, or professional counselor licensed under Chapter 10A of125
153	142		Title 43; or, if the proposed ward is a patient in any federal medical facility in which such126
154	143		a physician, psychologist, or advanced practice registered nurse, licensed practical nurse,127
155	144		registered professional nurse, physician assistant, licensed clinical social worker, licensed128
156	145		master's social worker, licensed marriage and family therapist, or professional counselor129
157	146		is not available, a physician, psychologist, or advanced practice registered nurse, licensed130
158	147		practical nurse, registered professional nurse, physician assistant, licensed clinical social131
159	148		worker, licensed master's social worker, licensed marriage and family therapist, or132
160	149		professional counselor authorized to practice in that such federal facility."133
161	150		SECTION 5.134
162	151		Said title is further amended in Code Section 29-4-15, relating to prerequisite findings prior135
163	152		to appointment of emergency guardian, evaluation, notice, and hearing, by revising136
164	153		subsection (c) as follows:137
165	154		"(c) If the court determines that there is probable cause to believe that the proposed ward138
166	155		is in need of an emergency guardian, the court shall:139
167	156		(1) Immediately appoint legal counsel to represent the proposed ward at the emergency140
168	157		hearing, which counsel may be the same counsel who is appointed to represent the141
169	158		proposed ward in the hearing on the petition for guardianship or conservatorship, if any142
170	159		such petition has been filed, and shall inform counsel of the appointment;143
171	160		(2) Order an emergency hearing to be conducted not sooner than three days nor later than144
172	161		five days after the filing of the petition;145
173	162		(3) Order an evaluation of the proposed ward by a physician an evaluator who shall be146
174	163		a physician licensed to practice medicine under Chapter 34 of Title 43,; a psychologist147 23 LC 48 0875S
175	164		H. B. 291 (SUB)
176	165		- 7 -
177	166		licensed to practice under Chapter 39 of Title 43,; an advanced practice registered nurse,148
178	167		licensed practical nurse, or registered professional nurse licensed to practice under149
179	168		Chapter 26 of Title 43; a physician assistant licensed under Chapter 34 of Title 43; or a150
180	169		licensed clinical social worker, licensed master's social worker, licensed marriage and151
181	170		family therapist, or professional counselor licensed under Chapter 10A of Title 43, other152
182	171		than the physician, psychologist, or advanced practice registered nurse, licensed practical153
183	172		nurse, registered professional nurse, physician assistant, licensed clinical social worker,154
184	173		licensed master's social worker, licensed marriage and family therapist, or professional155
185	174		counselor who completed the affidavit attached to the petition pursuant to paragraph (1)156
186	175		of subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72157
187	176		hours of the time the order was issued and a written report shall be furnished to the court158
188	177		and made available to the parties within this time frame, which evaluation and report159
189	178		shall be governed by the provisions of subsection (d) of Code Section 29-4-11;160
190	179		(4) Immediately notify the proposed ward of the proceedings by service of all pleadings161
191	180		on the proposed ward, which notice shall:162
192	181		(A) Be served personally on the proposed ward by an officer of the court and shall not163
193	182		be served by mail;164
194	183		(B) Inform the proposed ward that a petition has been filed to have an emergency165
195	184		guardian appointed for the proposed ward, that the proposed ward has the right to attend166
196	185		any hearing that is held, and that, if an emergency guardian is appointed, the proposed167
197	186		ward may lose important rights to control the management of the proposed ward's168
198	187		person;169
199	188		(C) Inform the proposed ward of the place and time at which the proposed ward shall170
200	189		submit to the evaluation provided for by paragraph (3) of this subsection;171
201	190		(D) Inform the proposed ward of the appointment of legal counsel; and172
202	191		(E) Inform the proposed ward of the date and time of the hearing on the emergency173
203	192		guardianship; and174 23 LC 48 0875S
204	193		H. B. 291 (SUB)
205	194		- 8 -
206		-	(5) Appoint an emergency guardian to serve until the emergency hearing, with or without
207		-	175
	195	+	(5) Appoint an emergency guardian to serve until the emergency hearing, with or without175
208	196		prior notice to the proposed ward, if the threatened risk is so immediate and the potential176
209	197		harm so irreparable that any delay is unreasonable and the existence of the threatened risk177
210	198		and potential for irreparable harm is certified by the affidavit of a physician licensed to178
211		-	practice medicine under Chapter 34 of Title 43,
212		-	; a psychologist licensed to practice under179
	199	+	practice medicine under Chapter 34 of Title 43,; a psychologist licensed to practice under179
213	200		Chapter 39 of Title 43,; an advanced practice registered nurse, licensed practical nurse,180
214	201		or registered professional nurse licensed to practice under Chapter 26 of Title 43; a181
215	202		physician assistant licensed under Chapter 34 of Title 43; or a licensed clinical social182
216	203		worker, licensed master's social worker, licensed marriage and family therapist, or183
217	204		professional counselor licensed under Chapter 10A of Title 43. Appointment of an184
218	205		emergency guardian under this paragraph is not a final determination of the proposed185
219	206		ward's need for a nonemergency guardian. Any emergency guardian appointed under this186
220	207		paragraph shall have only those powers and duties specifically enumerated in the letters187
221	208		of emergency guardianship, and the powers and duties shall not exceed those absolutely188
222	209		necessary to respond to the immediate threatened risk to the ward."189
223	210		SECTION 6.190
224	211		Said title is further amended in Code Section 29-4-41, relating to modification of191
225	212		guardianship, by revising subsection (b) as follows:192
226	213		"(b) If the petition for modification alleges a significant change in the capacity of the ward,193
227	214		it must be supported either by the affidavits of two persons who have knowledge of the194
228	215		ward, one of whom may be the petitioner, or of a physician licensed to practice medicine195
229	216		under Chapter 34 of Title 43,; a psychologist licensed to practice under Chapter 39 of Title196
230	217		43,; an advanced practice registered nurse, licensed practical nurse, or registered197
231	218		professional nurse licensed to practice under Chapter 26 of Title 43; a physician assistant198
232	219		licensed under Chapter 34 of Title 43; or a licensed clinical social worker, licensed master's199
233	220		social worker, licensed marriage and family therapist, or professional counselor licensed200 23 LC 48 0875S
234	221		H. B. 291 (SUB)
235	222		- 9 -
236	223		under Chapter 10A of Title 43, setting forth the supporting facts and determinations. If,201
237	224		after reviewing the petition and the affidavits, the court determines that there is no probable202
238	225		cause to believe that there has been a significant change in the capacity of the ward, the203
239	226		court shall dismiss the petition. If the petition is not dismissed, the court shall order that204
240	227		an evaluation be conducted, in accordance with the provisions of subsection (d) of Code205
241	228		Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no206
242	229		probable cause to believe that there has been a significant change in the capacity of the207
243	230		ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall208
244	231		schedule a hearing, with notice as the court deems appropriate."209
245	232		SECTION 7.210
246	233		Said title is further amended in Code Section 29-4-42, relating to termination of211
247	234		guardianship, required evidence, burden of proof, and return of property, by revising212
248	235		subsection (b) as follows:213
249	236		"(b) A petition for termination must be supported either by the affidavits of two persons214
250	237		who have knowledge of the ward, one of whom may be the petitioner, or of a physician215
251	238		licensed to practice medicine under Chapter 34 of Title 43,; a psychologist licensed to216
252	239		practice under Chapter 39 of Title 43,; an advanced practice registered nurse, licensed217
253	240		practical nurse, or registered professional nurse licensed to practice under Chapter 26 of218
254	241		Title 43; a physician assistant licensed under Chapter 34 of Title 43; or a licensed clinical219
255	242		social worker, licensed master's social worker, licensed marriage and family therapist, or220
256	243		professional counselor licensed under Chapter 10A of Title 43, setting forth the supporting221
257	244		facts and determinations. If, after reviewing the petition and the affidavits, the court222
258	245		determines that there is no probable cause to believe that the guardianship should be223
259	246		terminated, the court shall dismiss the petition. If the petition is not dismissed, the court224
260	247		shall order that an evaluation be conducted, in accordance with the provisions of225
261	248		subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court226 23 LC 48 0875S
262	249		H. B. 291 (SUB)
263	250		- 10 -
264		-	finds that there is no probable cause to believe that the guardianship should be terminated,
265		-	227
	251	+	finds that there is no probable cause to believe that the guardianship should be terminated,227
266	252		the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule228
267	253		a hearing, with such notice as the court deems appropriate."229
268	254		SECTION 8.230
269	255		Said title is further amended in Code Section 29-4-70, relating to right of ward to appeal,231
270	256		procedure, and appointment of emergency guardian, by revising subsection (d) as follows:232
271	257		"(d) Pending any appeal, the superior court or a probate court that is described in233
272	258		paragraph (2) of Code Section 15-9-120 may appoint an emergency guardian with such234
273	259		powers and duties as are described in Code Section 29-4-16; provided, however, that an235
274	260		emergency guardian may be appointed only upon the filing of an affidavit of a physician236
275		-	licensed to practice medicine under Chapter 34 of Title 43,
276		-	; a psychologist licensed to237
	261	+	licensed to practice medicine under Chapter 34 of Title 43,; a psychologist licensed to237
277	262		practice under Chapter 39 of Title 43,; an advanced practice registered nurse, licensed238
278	263		practical nurse, or registered professional nurse licensed to practice under Chapter 26 of239
279	264		Title 43; a physician assistant licensed under Chapter 34 of Title 43; or a licensed clinical240
280	265		social worker, licensed master's social worker, licensed marriage and family therapist, or241
281	266		professional counselor licensed under Chapter 10A of Title 43 setting forth the existence242
282	267		of the emergency circumstances described in subsection (d) of Code Section 29-4-14 and243
283	268		after a hearing at which other evidence may be presented. The appointment of an244
284	269		emergency guardian is not appealable."245
285	270		SECTION 9.246
286	271		Said title is further amended in Code Section 29-5-10, relating to petition for appointment247
287	272		of conservator and requirements of petition, by revising paragraph (1) of subsection (c) as248
288	273		follows:249
289	274		"(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported250
290	275		by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,;251 23 LC 48 0875S
291	276		H. B. 291 (SUB)
292	277		- 11 -
293	278		a psychologist licensed to practice under Chapter 39 of Title 43,; an advanced practice252
294	279		registered nurse, licensed practical nurse, or registered professional nurse licensed to253
295	280		practice under Chapter 26 of Title 43; a physician assistant licensed under Chapter 34 of254
296	281		Title 43; or a licensed clinical social worker, licensed master's social worker, licensed255
297	282		marriage and family therapist, or professional counselor licensed under Chapter 10A of256
298	283		Title 43 or, if the proposed ward is a patient in any federal medical facility in which such257
299	284		a physician, psychologist, or advanced practice registered nurse, licensed practical nurse,258
300	285		registered professional nurse, physician assistant, licensed clinical social worker, licensed259
301	286		master's social worker, licensed marriage and family therapist, or professional counselor260
302	287		is not available, a physician, psychologist, or advanced practice registered nurse, licensed261
303	288		practical nurse, registered professional nurse, physician assistant, licensed clinical social262
304	289		worker, licensed master's social worker, licensed marriage and family therapist, or263
305	290		professional counselor authorized to practice in that such federal facility."264
306	291		SECTION 10.265
307	292		Said title is further amended in Code Section 29-5-11, relating to prerequisite finding prior266
308	293		to appointment of conservator, notice, evaluation, and written report, by revising267
309	294		subsection (d) as follows:268
310	295		"(d)(1) If the petition is not dismissed pursuant to subsection (b) of this Code section, the269
311	296		court shall appoint an evaluating physician evaluator who shall be a physician licensed270
312	297		to practice medicine under Chapter 34 of Title 43,; a psychologist licensed to practice271
313	298		under Chapter 39 of Title 43,; an advanced practice registered nurse, licensed practical272
314	299		nurse, or registered professional nurse licensed to practice under Chapter 26 of Title 43;273
315	300		a physician assistant licensed under Chapter 34 of Title 43; or a licensed clinical social274
316	301		worker, licensed master's social worker, licensed marriage and family therapist, or275
317	302		professional counselor licensed under Chapter 10A of Title 43 or, if the proposed ward276
318	303		is a patient in any federal medical facility in which such a physician, psychologist, or277 23 LC 48 0875S
319	304		H. B. 291 (SUB)
320	305		- 12 -
321	306		advanced practice registered nurse, licensed practical nurse, registered professional nurse,278
322	307		physician assistant, licensed clinical social worker, licensed master's social worker,279
323	308		licensed marriage and family therapist, or professional counselor is not available, a280
324	309		physician, psychologist, or advanced practice registered nurse, licensed practical nurse,281
325	310		registered professional nurse, physician assistant, licensed clinical social worker, licensed282
326	311		master's social worker, licensed marriage and family therapist, or professional counselor283
327	312		authorized to practice in that such federal facility other than the physician, psychologist,284
328	313		or advanced practice registered nurse, licensed practical nurse, registered professional285
329	314		nurse, physician assistant, licensed clinical social worker, licensed master's social worker,286
330	315		licensed marriage and family therapist, or professional counselor worker who completed287
331	316		the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-5-10.288
332	317		(2) When evaluating the proposed ward, the physician, psychologist, or advanced289
333	318		practice registered nurse, licensed practical nurse, registered professional nurse, physician290
334	319		assistant, licensed clinical social worker, licensed master's social worker, licensed291
335	320		marriage and family therapist, or professional counselor shall explain the purpose of the292
336	321		evaluation to the proposed ward. The proposed ward may remain silent. Any statements293
337	322		made by the proposed ward during the evaluation shall be privileged and shall be294
338	323		inadmissable as evidence in any proceeding other than a proceeding under this chapter.295
339	324		The proposed ward's legal counsel shall have the right to be present but shall not296
340	325		participate in the evaluation.297
341	326		(3) The evaluation shall be conducted with as little interference with the proposed ward's298
342	327		activities as possible. The evaluation shall take place at the place and time set in the299
343	328		notice to the proposed ward and to his or her legal counsel and the time set shall not be300
344	329		sooner than the fifth day after the service of notice on the proposed ward. The court,301
345	330		however, shall have the exclusive power to change the place and time of the examination302
346	331		at any time upon reasonable notice being given to the proposed ward and to his or her303
347	332		legal counsel. If the proposed ward fails to appear, the court may order that the proposed304 23 LC 48 0875S
348	333		H. B. 291 (SUB)
349	334		- 13 -
350		-	ward be taken directly to and from a medical facility, office of a physician, psychologist,
351		-	305
352		-	or
353		-	advanced practice registered nurse, licensed practical nurse, registered professional306
	335	+	ward be taken directly to and from a medical facility, office of a physician, psychologist,305
	336	+	or advanced practice registered nurse, licensed practical nurse, registered professional306
354	337		nurse, physician assistant, licensed clinical social worker, licensed master's social worker,307
355	338		licensed marriage and family therapist, or professional counselor for purposes of308
356	339		evaluation only. The evaluation shall be conducted during the normal business hours of309
357	340		the facility or office, and the proposed ward shall not be detained in the facility or office310
358	341		overnight. The evaluation may include, but not be limited to:311
359	342		(A) A self-report from the proposed ward, if possible;312
360	343		(B) Questions and observations of the proposed ward to assess the functional abilities313
361	344		of the proposed ward;314
362	345		(C) A review of the records for the proposed ward, including, but not limited to,315
363	346		medical records, medication charts, and other available records;316
364	347		(D) An assessment of cultural factors and language barriers that may impact the317
365	348		proposed ward's abilities and living environment; and318
366	349		(E) All other factors the evaluator determines to be appropriate to the evaluation.319
367	350		(4) A written report shall be filed with the court no later than seven days after the320
368	351		evaluation, and the court shall serve a copy of the report by first-class mail upon the321
369	352		proposed ward and the proposed ward's legal counsel and guardian ad litem, if appointed.322
370	353		(5) The report shall be signed under oath by the physician, psychologist, or licensed323
371	354		clinical social worker evaluator and shall:324
372	355		(A) State the circumstances and duration of the evaluation, including a summary of325
373	356		questions or tests utilized, and the elements of the evaluation;326
374	357		(B) List all persons and other sources of information consulted in evaluating the327
375	358		proposed ward;328
376	359		(C) Describe the proposed ward's mental and physical state and condition, including329
377	360		all observed facts considered by the physician, psychologist, or licensed clinical social330
378	361		worker evaluator;331 23 LC 48 0875S
379	362		H. B. 291 (SUB)
380	363		- 14 -
381		-	(D) Describe the overall social condition of the proposed ward, including support, care,
382		-	332
	364	+	(D) Describe the overall social condition of the proposed ward, including support, care,332
383	365		education, and well-being; and333
384	366		(E) Describe the needs of the proposed ward and their foreseeable duration.334
385	367		(6) The proposed ward's legal counsel may file a written response to the evaluation,335
386	368		provided the response is filed no later than the date of the commencement of the hearing336
387	369		on the petition for conservatorship. The response may include, but is not limited to,337
388	370		independent evaluations, affidavits of individuals with personal knowledge of the338
389	371		proposed ward, and a statement of applicable law."339
390	372		SECTION 11.340
391	373		Said title is further amended in Code Section 29-5-14, relating to appointment of emergency341
392	374		conservator and requirements of petition, by revising paragraph (1) of subsection (d) as342
393	375		follows:343
394	376		"(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported344
395		-	by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,
396		-	;345
	377	+	by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,;345
397	378		a psychologist licensed to practice under Chapter 39 of Title 43,; an advanced practice346
398	379		registered nurse, licensed practical nurse, or registered professional nurse licensed to347
399	380		practice under Chapter 26 of Title 43; a physician assistant licensed under Chapter 34 of348
400	381		Title 43; or a licensed clinical social worker, licensed master's social worker, licensed349
401	382		marriage and family therapist, or professional counselor licensed under Chapter 10A of350
402	383		Title 43 or, if the proposed ward is a patient in any federal medical facility in which such351
403	384		a physician, psychologist, or advanced practice registered nurse, licensed practical nurse,352
404	385		registered professional nurse, physician assistant, licensed clinical social worker, licensed353
405	386		master's social worker, licensed marriage and family therapist, or professional counselor354
406	387		is not available, a physician, psychologist, or advanced practice registered nurse, licensed355
407	388		practical nurse, registered professional nurse, physician assistant, licensed clinical social356 23 LC 48 0875S
408	389		H. B. 291 (SUB)
409	390		- 15 -
410	391		worker, licensed master's social worker, licensed marriage and family therapist, or357
411	392		professional counselor authorized to practice in that such federal facility."358
412	393		SECTION 12.359
413	394		Said title is further amended in Code Section 29-5-15, relating to review of petition,360
414	395		dismissal, and requirements of court upon finding need for emergency conservator, by361
415	396		revising subsection (c) as follows:362
416	397		"(c) If the court determines that there is probable cause to believe that the proposed ward363
417	398		is in need of an emergency conservator, the court shall:364
418	399		(1) Immediately appoint legal counsel to represent the proposed ward at the emergency365
419	400		hearing, which counsel may be the same counsel who is appointed to represent the366
420	401		proposed ward in the hearing on the petition for guardianship or conservatorship, if any367
421	402		such petition has been filed, and shall inform counsel of the appointment;368
422	403		(2) Order an emergency hearing to be conducted not sooner than three days nor later than369
423	404		five days after the filing of the petition;370
424	405		(3) Order an evaluation of the proposed ward by a physician an evaluator who shall be371
425	406		a physician licensed to practice medicine under Chapter 34 of Title 43,; a psychologist372
426	407		licensed to practice under Chapter 39 of Title 43,; an advanced practice registered nurse,373
427	408		licensed practical nurse, or registered professional nurse licensed to practice under374
428	409		Chapter 26 of Title 43; a physician assistant licensed under Chapter 34 of Title 43; or a375
429	410		licensed clinical social worker, licensed master's social worker, licensed marriage and376
430	411		family therapist, or professional counselor licensed under Chapter 10A of Title 43, other377
431	412		than the physician, psychologist, or advanced practice registered nurse, licensed practical378
432	413		nurse, registered professional nurse, physician assistant, licensed clinical social worker,379
433	414		licensed master's social worker, licensed marriage and family therapist, or professional380
434	415		counselor who completed the affidavit attached to the petition pursuant to paragraph (1)381
435	416		of subsection (d) of Code Section 29-5-10, to. Such evaluation shall be conducted within382 23 LC 48 0875S
436	417		H. B. 291 (SUB)
437	418		- 16 -
438	419		72 hours of the time such order was issued, and a written report to shall be furnished to383
439	420		the court and made available to the parties within 72 hours such time, which evaluation384
440	421		and report shall be governed by the provisions of subsection (d) of Code Section385
441	422		29-5-14 29-5-11;386
442	423		(4) Immediately notify the proposed ward of the proceedings by service of all pleadings387
443	424		on the proposed ward, which notice shall:388
444	425		(A) Be served personally on the proposed ward by an officer of the court and shall not389
445	426		be served by mail;390
446	427		(B) Inform the proposed ward that a petition has been filed to have an emergency391
447	428		conservator appointed for the proposed ward, that the proposed ward has the right to392
448	429		attend any hearing that is held, and that, if an emergency conservator is appointed, the393
449	430		proposed ward may lose important rights to control the management of the proposed394
450	431		ward's property;395
451	432		(C) Inform the proposed ward of the place and time at which the proposed ward shall396
452	433		submit to the evaluation provided for by paragraph (3) of this subsection;397
453	434		(D) Inform the proposed ward of the appointment of legal counsel; and398
454	435		(E) Inform the proposed ward of the date and time of the hearing on the emergency399
455	436		conservatorship; and400
456	437		(5) Appoint an emergency conservator to serve until the emergency hearing, with or401
457	438		without prior notice to the proposed ward, if the threatened risk is so immediate and the402
458	439		potential harm so irreparable that any delay is unreasonable and the existence of the403
459	440		threatened risk and potential for irreparable harm is certified by the affidavit of a404
460	441		physician licensed to practice medicine under Chapter 34 of Title 43,; a psychologist405
461	442		licensed to practice under Chapter 39 of Title 43,; an advanced practice registered nurse,406
462	443		licensed practical nurse, or registered professional nurse licensed to practice under407
463	444		Chapter 26 of Title 43; a physician assistant licensed under Chapter 34 of Title 43; or a408
464	445		licensed clinical social worker, licensed master's social worker, licensed marriage and409 23 LC 48 0875S
465	446		H. B. 291 (SUB)
466	447		- 17 -
467	448		family therapist, or professional counselor licensed under Chapter 10A of Title 43;410
468	449		provided, however, that, pending the emergency hearing, the court shall order that no411
469	450		withdrawals may be made from any account on the authority of the proposed ward's412
470	451		signature without the court's prior approval and that the emergency conservator shall not413
471	452		expend any funds of the proposed ward without prior court approval. Appointment of an414
472	453		emergency conservator under this paragraph is not a final determination of the proposed415
473	454		ward's need for a nonemergency conservator. Any emergency conservator appointed416
474	455		under this paragraph shall have only those powers and duties specifically enumerated in417
475	456		the letters of emergency conservatorship; such powers and duties shall not exceed those418
476	457		absolutely necessary to respond to the immediate threatened risk to the ward; and such419
477	458		powers and duties shall be subject to the limitations provided in this paragraph regarding420
478	459		the expenditures of funds of the ward."421
479	460		SECTION 13.422
480	461		Said title is further amended in Code Section 29-5-71, relating to modification of423
481	462		conservatorship, contents of petition for modification, and burden of proof, by revising424
482	463		subsection (b) as follows:425
483	464		"(b) If the petition for modification alleges a significant change in the capacity of the ward,426
484	465		it must be supported either by the affidavits of two persons who have knowledge of the427
485	466		ward, one of whom may be the petitioner, or of a physician licensed to practice medicine428
486	467		under Chapter 34 of Title 43,; a psychologist licensed to practice under Chapter 39 of429
487	468		Title 43,; an advanced practice registered nurse, licensed practical nurse, or registered430
488	469		professional nurse licensed to practice under Chapter 26 of Title 43; a physician assistant431
489	470		licensed under Chapter 34 of Title 43; or a licensed clinical social worker, licensed master's432
490	471		social worker, licensed marriage and family therapist, or professional counselor licensed433
491	472		under Chapter 10A of Title 43, setting forth the supporting facts and determinations. If,434
492	473		after reviewing the petition and the affidavits, the court determines that there is no probable435 23 LC 48 0875S
493	474		H. B. 291 (SUB)
494	475		- 18 -
495		-	cause to believe that there has been a significant change in the capacity of the ward, the
496		-	436
	476	+	cause to believe that there has been a significant change in the capacity of the ward, the436
497	477		court shall dismiss the petition. If the petition is not dismissed, the court shall order that437
498	478		an evaluation be conducted, in accordance with the provisions of subsection (d) of Code438
499	479		Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no439
500	480		probable cause to believe that there has been a significant change in the capacity of the440
501	481		ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall441
502	482		schedule a hearing, with such notice as the court deems appropriate."442
503	483		SECTION 14.443
504	484		Said title is further amended in Code Section 29-5-72, relating to termination of444
505	485		conservatorship, required evidence to support, burden of proof, and death of ward, by445
506	486		revising subsection (b) as follows:446
507	487		"(b) A petition for termination must be supported either by the affidavits of two persons447
508	488		who have knowledge of the ward, one of whom may be the petitioner, or of a physician448
509		-	licensed to practice medicine under Chapter 34 of Title 43,
510		-	; a psychologist licensed to449
	489	+	licensed to practice medicine under Chapter 34 of Title 43,; a psychologist licensed to449
511	490		practice under Chapter 39 of Title 43,; an advanced practice registered nurse, licensed450
512	491		practical nurse, or registered professional nurse licensed to practice under Chapter 26 of451
513	492		Title 43; a physician assistant licensed under Chapter 34 of Title 43; or a licensed clinical452
514	493		social worker, licensed master's social worker, licensed marriage and family therapist, or453
515	494		professional counselor licensed under Chapter 10A of Title 43, setting forth the supporting454
516	495		facts and determinations. If, after reviewing the petition and the affidavits, the court455
517	496		determines that there is no probable cause to believe that the conservatorship should be456
518	497		terminated, the court shall dismiss the petition. If the petition is not dismissed, the court457
519	498		shall order that an evaluation be conducted in accordance with the provisions of458
520	499		subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court459
521	500		finds that there is no probable cause to believe that the conservatorship should be460 23 LC 48 0875S
522	501		H. B. 291 (SUB)
523	502		- 19 -
524		-	terminated, the court shall dismiss the petition. If the petition is not dismissed, the court
525		-	461
	503	+	terminated, the court shall dismiss the petition. If the petition is not dismissed, the court461
526	504		shall schedule a hearing with such notice as the court deems appropriate."462
527	505		SECTION 15.463
528	506		Said title is further amended in Code Section 29-5-110, relating to proceedings for appeal,464
529	507		appointment of guardians ad litem, bond and security prior to removal, liability of surety of465
530	508		predecessor conservator, and jurisdiction, by revising subsection (d) as follows:466
531	509		"(d) Pending any appeal, the superior court or a probate court that is described in467
532	510		paragraph (2) of Code Section 15-9-120 may appoint an emergency conservator with468
533	511		powers and duties as are described in Code Section 29-5-16; provided, however, that such469
534	512		emergency conservator may be appointed only upon the filing of an affidavit of a physician470
535		-	licensed to practice medicine under Chapter 34 of Title 43,
536		-	; a psychologist licensed to471
	513	+	licensed to practice medicine under Chapter 34 of Title 43,; a psychologist licensed to471
537	514		practice under Chapter 39 of Title 43,; an advanced practice registered nurse, licensed472
538	515		practical nurse, or registered professional nurse licensed to practice under Chapter 26 of473
539	516		Title 43; a physician assistant licensed under Chapter 34 of Title 43; or a licensed clinical474
540	517		social worker, licensed master's social worker, licensed marriage and family therapist, or475
541	518		professional counselor licensed under Chapter 10A of Title 43 setting forth the existence476
542	519		of the emergency circumstances described in subsection (d) of Code Section 29-5-14 and477
543	520		after a hearing at which other evidence may be presented. The appointment of an478
544	521		emergency conservator is not appealable."479
545	522		SECTION 16.480
546	523		Said title is further amended by revising Code Section 29-9-16, relating to compensation to481
547	524		physicians, psychologists, or licensed clinical social workers, as follows:482
548	525		"29-9-16.483
549	526		(a) For the evaluation or examination required by subsection (d) of Code Section 29-4-11,484
550	527		subsection (c) of Code Section 29-4-15, subsection (b) of Code Section 29-4-42,485 23 LC 48 0875S
551	528		H. B. 291 (SUB)
552	529		- 20 -
553		-	subsection (d) of Code Section 29-5-11, subsection (c) of Code Section 29-5-15, or
554		-	486
555		-	subsection (b) of Code Section 29-5-71, the evaluating physician, psychologist, or
556		-	487
	530	+	subsection (d) of Code Section 29-5-11, subsection (c) of Code Section 29-5-15, or486
	531	+	subsection (b) of Code Section 29-5-71, the evaluating physician, psychologist, or487
557	532		advanced practice registered nurse, licensed practical nurse, registered professional nurse,488
558	533		physician assistant, licensed clinical social worker, licensed master's social worker,489
559	534		licensed marriage and family therapist, or professional counselor shall receive a reasonable490
560	535		fee commensurate with the task performed, plus actual expenses.491
561	536		(b) In the event the attendance of the evaluating physician, psychologist, or advanced492
562	537		practice registered nurse, licensed practical nurse, registered professional nurse, physician493
563	538		assistant, licensed clinical social worker, licensed master's social worker, licensed marriage494
564	539		and family therapist, or professional counselor shall be required by the court for a hearing495
565	540		under subsection (d) of Code Section 29-4-12, subsection (a) of Code Section 29-4-16,496
566	541		subsection (b) of Code Section 29-4-42, subsection (d) of Code Section 29-5-12,497
567	542		subsection (a) of Code Section 29-5-16, or subsection (b) of Code Section 29-5-71, other498
568	543		than pursuant to a subpoena requested by a party to the proceeding, the evaluating499
569	544		physician, psychologist, or advanced practice registered nurse, licensed practical nurse,500
570	545		registered professional nurse, physician assistant, licensed clinical social worker, licensed501
571	546		master's social worker, licensed marriage and family therapist, or professional counselor502
572	547		shall receive a reasonable fee commensurate with the task performed, plus actual expenses.503
573	548		(c) All fees and expenses payable under subsection (a) or (b) of this Code section shall be504
574	549		assessed by the court and paid in accordance with the provisions of Code Section 29-9-3."505
575	550		SECTION 17.506
576	551		All laws and parts of laws in conflict with this Act are repealed.507