Hawaii 2024 Regular Session

Hawaii Senate Bill SCR179 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.C.R. NO. 179 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII SENATE CONCURRENT RESOLUTION Adopting the uniform guardianship, conservatorship, and other protective arrangements act.
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3	3	THE SENATE S.C.R. NO. 179
4	4	THIRTY-SECOND LEGISLATURE, 2024
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7	7	THE SENATE
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9	9	S.C.R. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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29	29	SENATE CONCURRENT
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31	31	RESOLUTION
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37	37	Adopting the uniform guardianship, conservatorship, and other protective arrangements act.
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43	43	WHEREAS, the Uniform Guardianship and Protective Proceedings Act, published by the Uniformed Law Commission, was adopted by the Legislature in 2004 and codified as parts 1 through 4 of article V, chapter 560, Hawaii Revised Statutes; and WHEREAS, the Uniformed Law Commission revised the Uniform Guardianship and Protective Proceedings Act in 2017, renaming it as the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA); and WHEREAS, the UGCOPAA has three overarching goals: the provision of care and services in a more person-centered approach; promotion and protection of the rights and interests of individuals in need of guardian or conservatorship; and development and implementation of systems that make it easier for all persons involved in the guardianship and conservatorship process to meet these goals; and WHEREAS, the UGCOPAA, in furtherance of its first goal, rejects outdated and offensive terminology and includes new provisions that require the individuals subject to the guardianship or conservatorship to be given meaningful notice of their rights and how to assert them; require the involvement of individuals subject to a guardianship or conservatorship in decisions about their lives; and require the guardians and conservators to create person-centered plans and facilitate court monitoring of compliance with those plans; and WHEREAS, the UGCOPAA, in furtherance of its second goal, includes provisions designed to ensure that the least restrictive means are used to protect an individual alleged to need a guardianship or conservatorship, provide better guidance to guardians and conservators, and help courts monitor guardians and conservators; and WHEREAS, the UGCOPAA, in furtherance of its third goal, creates new petition requirements to ensure judges have the information needed to make appropriate decisions, creates an option for courts to enter orders instead of guardianship or conservatorship where such less restrictive alternatives would meet a respondent's needs, and offers model forms to make it easier for petitioners to seek limited appointments instead of full ones; and WHEREAS, it is crucial for the State to adopt the UGCOPAA to make the process of establishing a guardianship or conservatorship easier to understand for all individuals who need to comply with its directives; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives concurring, that this body adopt the UGCOPAA in the form most recently published by the Uniformed Law Commission; and BE IT FURTHER RESOLVED that this body introduce and support proposed legislation that reflects a more person-centered philosophy, adopting the revisions that identify and remove intangible barriers for individuals living with developmental disabilities thereby improving access to goods, services, and interests to their managed care; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Director of Human Services, Director of Health, and Attorney General. OFFERED BY: _____________________________ Report Title: Department of Health; Department of Human Services; Attorney General; Guardianship; Conservatorship; Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act; Adoption
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45	45	WHEREAS, the Uniform Guardianship and Protective Proceedings Act, published by the Uniformed Law Commission, was adopted by the Legislature in 2004 and codified as parts 1 through 4 of article V, chapter 560, Hawaii Revised Statutes; and
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49	49	WHEREAS, the Uniformed Law Commission revised the Uniform Guardianship and Protective Proceedings Act in 2017, renaming it as the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA); and
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53	53	WHEREAS, the UGCOPAA has three overarching goals: the provision of care and services in a more person-centered approach; promotion and protection of the rights and interests of individuals in need of guardian or conservatorship; and development and implementation of systems that make it easier for all persons involved in the guardianship and conservatorship process to meet these goals; and
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57	57	WHEREAS, the UGCOPAA, in furtherance of its first goal, rejects outdated and offensive terminology and includes new provisions that require the individuals subject to the guardianship or conservatorship to be given meaningful notice of their rights and how to assert them; require the involvement of individuals subject to a guardianship or conservatorship in decisions about their lives; and require the guardians and conservators to create person-centered plans and facilitate court monitoring of compliance with those plans; and
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61	61	WHEREAS, the UGCOPAA, in furtherance of its second goal, includes provisions designed to ensure that the least restrictive means are used to protect an individual alleged to need a guardianship or conservatorship, provide better guidance to guardians and conservators, and help courts monitor guardians and conservators; and
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65	65	WHEREAS, the UGCOPAA, in furtherance of its third goal, creates new petition requirements to ensure judges have the information needed to make appropriate decisions, creates an option for courts to enter orders instead of guardianship or conservatorship where such less restrictive alternatives would meet a respondent's needs, and offers model forms to make it easier for petitioners to seek limited appointments instead of full ones; and
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69	69	WHEREAS, it is crucial for the State to adopt the UGCOPAA to make the process of establishing a guardianship or conservatorship easier to understand for all individuals who need to comply with its directives; now, therefore,
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73	73	BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives concurring, that this body adopt the UGCOPAA in the form most recently published by the Uniformed Law Commission; and
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77	77	BE IT FURTHER RESOLVED that this body introduce and support proposed legislation that reflects a more person-centered philosophy, adopting the revisions that identify and remove intangible barriers for individuals living with developmental disabilities thereby improving access to goods, services, and interests to their managed care; and
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81	81	BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Director of Human Services, Director of Health, and Attorney General.
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89	89	OFFERED BY: _____________________________
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93	93	OFFERED BY:
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119	119	Report Title:
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121	121	Department of Health; Department of Human Services; Attorney General; Guardianship; Conservatorship; Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act; Adoption