Requests the Louisiana State Law Institute to study adult guardianship relative to duties arising under "Peter Falk" statutes adopted in other states.
Impact
Should the resolution's study lead to legislative recommendations, it would likely prompt a reassessment of existing adult guardianship statutes in Louisiana. The goal would be to ensure that the legal rights of children from previous marriages are safeguarded while also recognizing the autonomy of current spouses. This could result in changes to how guardianship is managed in cases of incapacity, addressing the delicate balance between familial rights and current marital obligations.
Summary
SCR12 is a concurrent resolution that requests the Louisiana State Law Institute to conduct a study on adult guardianship laws, particularly in relation to duties established under the 'Peter Falk' statutes that have been adopted in other states. The resolution acknowledges past cases where adult children from previous marriages faced challenges in accessing their incapacitated parents due to the actions of current spouses, highlighting the need for clarity and potential reform in guardianship laws. By investigating changes in this area, SCR12 aims to provide a framework that respects the rights of all parties involved in such sensitive situations.
Sentiment
The overall sentiment surrounding SCR12 appears to be one of support for reform, aiming to better protect the rights of children and address potential injustices inherent in current adult guardianship procedures. While there may be some dissent regarding the need for changes, the cases that spurred this resolution reflect a growing awareness and concern about the treatment of adult children during instances of incapacity. Stakeholders include advocates for families affected by guardianship disputes who may view the resolution as a positive step towards legislative improvement.
Contention
The primary contention related to SCR12 lies in balancing the rights of adult children from previous marriages with those of current spouses in guardianship matters. Critics may argue that changes could complicate or undermine existing family dynamics. Therefore, any recommendations produced by the study would need to consider the implications of legislative modifications carefully, ensuring that they protect vulnerable individuals while also maintaining the dignity of current familial relationships.
Requests that the Louisiana State Law Institute study inclusion of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as part of Louisiana law.
Requests the Louisiana State Law Institute to study the feasibility of revising state law regarding standing for private associations to seek injunctive relief for a zoning violation and also to study present penalties for zoning violations.
Requests the Louisiana State Law Institute to study and make recommendations regarding the feasibility of an enforceable mediation or arbitration provision in a testament or trust.