Legislature(2003 - 2004)
05/04/2004 08:28 AM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 427(JUD)-GUARDIANS, CONSERVATORS,OPA, ETC.
MR. JIM SHINE, staff to Representative Anderson, sponsor of HB
427, reminded members that Senator Therriault asked at a
previous hearing whether two provisions in the bill would have a
fiscal impact on the Alaska Court System (ACS). After speaking
with Mr. Wooliver of the ACS and members of the Office of Public
Advocacy (OPA), all determined that the statutory changes are
consistent with existing court rule so would have no fiscal
impact. He directed attention to a letter, copied to committee
members, saying as much.
SENATOR THERRIAULT said he has a better understanding of the
situation at the ACS and his concern was addressed. In past
years, certain jurisdictions of the court were lax in making
sure the annual reports were done. The ACS has taken steps to
correct that over the past year. Therefore, he does not believe
the ACS will need additional money to complete the report.
SENATOR FRENCH said he received an e-mail from a constituent who
said Section 19 seems to give the same powers and duties of a
conservator to anyone appointed as a guardian. Her point was
that the standards for appointing the two differ. She believes
it is inappropriate to give a person the powers of a conservator
without requiring that person to meet the qualifications
necessary to be appointed a conservator. She questioned if
Section 19 becomes law and a person is appointed a full guardian
with the powers of a conservator and a second person is
appointed the conservator, which one will control the protected
person's estate and to which the bank should give control of the
accounts.
MR. JIM PARKER, Assistant Public Advocate, Office of Public
Advocacy, responded:
The purpose here has been an assumption that full
guardianship - full powers to include financial
decision making and the ability to apply for benefits,
the ability to receive funds, the findings that need
to be made, it's true, for a conservatorship are
different. I've actually been attending meetings of
the court system's [indisc.] committee recently and
there's a proposed guardianship order and they're
holding off to see what happens with this legislation.
It would be necessary for the court to make the
findings for conservatorship if the person appointed
as guardian was made a full guardian and the
definition of full guardian would necessarily include
guardianship - or financial powers. If there's a
separate person acting as the conservator this does
happen unless a family member wants to retain the
ability to act as a conservator or is uncomfortable. I
think the court would have to make the conservatorship
findings.
[Because of poor transmission, Mr. Parker's testimony was
difficult to hear so Senator French asked him to condense his
answer.]
MR. PARKER said he thought the court would have to make the
findings required in the statute for conservatorship if it is
making a person a full guardian. He stated, "Senator French,
it's sort of like a lesser included."
SENATOR FRENCH asked Mr. Parker if he questions the premise of
the constituent's question because a person would have the same
powers if appointed a full guardian.
MR. PARKER said yes, this statutory change would clarify that a
person who is appointed as a full guardian would become a
conservator.
SENATOR FRENCH asked what would happen if a conservator already
existed.
MR. PARKER said that conservator would be a partial guardian. He
said the courts should look at every area that is requested and
make the necessary findings. The court should not be giving more
powers than justified in a particular case, as that would be
taking away a person's rights. The court should make sure it's
appropriate for the guardian to have decision-making authority
in terms of placement, medical decisions, or whatever is
requested but the court should not grant powers that are
unnecessary.
SENATOR FRENCH asked if any full guardian who is given
conservator's powers will have to meet the requirements of a
conservator.
MR. PARKER said a person cannot have a conservator just because
someone else is making bad decisions regarding, for example,
money management.
SENATOR THERRIAULT said about four years ago a piece of
legislation was worked on that he believes was the genesis of
this bill. Since that time, it is his understanding that a group
has "worked this." He asked if Mr. Parker was part of a group
that collaborated on this legislation.
MR. PARKER said he was.
VICE-CHAIR OGAN announced an at-ease.
When the meeting reconvened, SENATOR THERRIAULT moved CSHB
427(JUD) with individual recommendations and attached fiscal
notes.
VICE-CHAIR OGAN announced that without objection, the motion
carried and that the committee would recess to the call of the
chair.
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