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House Bill 1055

House Bill 1055

ARCHIVE (2011)

Latest Information

DIGEST OF HB 1055 (Updated April 29, 2011 11:43 am - DI 92)

Probate matters. Enacts the uniform adult guardianship and protective proceedings jurisdiction act. Governs issues concerning original jurisdiction, registration, transfer, and out-of-state enforcement of guardianships and protective orders appointed or issued for adults. Specifies the notice requirements following court action on a petition to appoint a temporary guardian. Authorizes a parent of a minor or a guardian of a protected person to designate a standby guardian effective upon the death or incapacity of the parent or guardian. Specifies the information required in a declaration designating a standby guardian. Provides that the declaration is not binding upon the juvenile justice system with respect to the placement of a child who is subject to an allegation of abuse or neglect; an open child in need of services case; or an open delinquency case. Provides that the declaration is effective for 90 days unless the standby guardian files a petition for guardianship, in which case the declaration is effective until the court rules on the petition. Provides that a delegation of parental powers by power of attorney is effective immediately. Makes conforming changes, including changing the duration of a temporary guardianship from 60 days to 90 days. Corrects a formula determining the amount of property interests that a joint holder may disclaim after the death of another joint owner if, during the deceased holder's lifetime, the deceased holder could have unilaterally regained a part of the jointly held property without the consent of any other holder.(The introduced version of this bill was prepared by the probate code study commission.)
Current Status:
Law Enacted
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