Legislature(2007 - 2008)

03/14/2008 03:04 PM House L&C


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 101-GUARDIANSHIP/ CONSERVATORS/INCAPACITY                                                                                  
                                                                                                                                
3:51:31 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the final order of  business would be                                                               
SENATE BILL  NO. 101,  "An Act  relating to  private professional                                                               
conservators and private and public guardians."                                                                                 
                                                                                                                                
3:52:26 PM                                                                                                                    
                                                                                                                                
DANA  OWEN,   Staff  to  Senator   Johnny  Ellis,   Alaska  State                                                               
Legislature, testifying on behalf of  the Senate Labor & Commerce                                                               
Committee, stated that the  legislature established licensure and                                                               
regulatory  oversight  of   private  professional  guardians  and                                                               
conservators in 2004.  This bill  was drafted with input from the                                                               
Office of  Public Advocacy (OPA),  the Division  of Corporations,                                                               
Business  and   Professional  Licensing  (DCBPL),   formerly  the                                                               
Division  of   Occupational  Licensing,  and  the   Alaska  State                                                               
Association for  Guardianship and Advocacy (SAGA).   In addition,                                                               
SB 101  is supported by the  AARP and other advocates  for senior                                                               
citizens.   This bill has  not had  any opposition raised  in the                                                               
numerous hearings held in the Senate, he noted.                                                                                 
                                                                                                                                
MR. OWEN explained  that both bills, HB 280 which  passed in 2004                                                               
and  SB 101,  have two  goals:   to ensure  that our  seniors and                                                               
other  vulnerable adults  are  not taken  advantage  of by  those                                                               
entrusted  with  managing  their   finances  and  lives,  and  to                                                               
encourage  the  development  of  this industry  in  Alaska.    As                                                               
Alaska's population  grows and ages, these  services are becoming                                                               
increasingly  necessary.     The   current  version  of   SB  101                                                               
incorporates  into statutes  the Uniform  Adult Guardianship  and                                                               
Protective Proceedings Jurisdiction Act.   This act was developed                                                               
by  the National  Conference of  Commissioners for  Uniform State                                                               
Laws  to establish  common procedures  among states  for settling                                                               
jurisdictional and  enforcement issues in cases  that cross state                                                               
borders.   This bill would clarify  that the DCBPL may  refuse to                                                               
renew  a license  as  well  as take  disciplinary  action if  the                                                               
licensee  has failed  to  meet the  licensure  requirements.   It                                                               
would specify  those criminal convictions that  would preclude an                                                               
individual from  obtaining a  license and  it would  require that                                                               
public  guardians possess  the same  certification  and pass  the                                                               
same   background   check   required  of   private   professional                                                               
guardians.    Additionally,  SB  101   would  make  a  number  of                                                               
"housekeeping" improvements including:   eliminating the need for                                                               
multiple  licenses   and  fees;   clarifying  that   bonding  and                                                               
insurance  requirements are  set  by the  court; clarifying  that                                                               
individuals  caring  for  family members  and  certain  financial                                                               
institutions   are  exempt   from   the  licensing   requirement;                                                               
clarifying  the requirements  for the  annual report  required of                                                               
all  guardians  and  conservators;  eliminating the  need  for  a                                                               
costly expert evaluation in cases  where the respondent agrees to                                                               
a  protective appointment;  requiring the  court to  make written                                                               
findings  if it  deviates  from the  priority  list of  potential                                                               
guardians  and conservators;  and  exempting  the respondents  or                                                               
awards files from inspection or  copying under the public records                                                               
act  unless  the records  are  relevant  to an  investigation  or                                                               
formal proceeding.   He concluded that  he has only touched  on a                                                               
few provisions in SB 101.                                                                                                       
                                                                                                                                
3:55:28 PM                                                                                                                    
                                                                                                                                
JOSH FINK, Director, Anchorage Office,  Office of Public Advocacy                                                               
(OPA),  Department of  Administration (DOA),  explained that  Mr.                                                               
Owen summarized  SB 101 well.   This  bill was introduced  by the                                                               
Senate  Labor  and  Commerce committee  to  fix  some  unintended                                                               
consequences from HB  280, which passed the  legislature in 2004.                                                               
He echoed Mr.  Owen's testimony on the bill's history.   He noted                                                               
that  the  primary  unintended  consequence  of  passage  of  the                                                               
enabling  legislation  was  that private  professional  guardians                                                               
would   be   subject   to   multiple   licenses,   including   an                                                               
organizational license for their  business, an individual license                                                               
for each  person in that  business.   This bill would  require an                                                               
individual  license, either  a full  guardianship which  includes                                                               
conservatorship  services, a  conservatorship license  which does                                                               
not include the guardianship, but  just the financial aspects, or                                                               
a  partial  guardianship  which   allows  the  guardian  to  make                                                               
decisions except for conservator services.                                                                                      
                                                                                                                                
3:57:30 PM                                                                                                                    
                                                                                                                                
MR. FINK,  in response to Representative  Gardner, explained that                                                               
a  conservator has  authority over  the  ward's financial  estate                                                               
such  that  he/she  would  pay the  bills,  receives  money,  and                                                               
budgets.   A  full guardian  performs the  conservator functions,                                                               
but can  also make legal  decisions, medical  decisions including                                                               
treatment, and housing decisions.   Partial guardians are used by                                                               
individuals that  do not  need the  services of  the conservator,                                                               
but still need some legal and medical decisions, he noted.                                                                      
                                                                                                                                
3:58:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH inquired  as to whether a  person is required                                                               
to have a license to care for offspring or relatives.                                                                           
                                                                                                                                
MR. FINK answered  no, that the way the statutes  are written, if                                                               
the conservator  or guardian  is caring for  two or  more people,                                                               
he/she  must  have a  license,  but  there  is an  exemption  for                                                               
providing conservator or guardian services for one person.                                                                      
                                                                                                                                
3:59:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  inquired  as  to  whether  SB  101  has  a                                                               
conflict  of   interest  provision.     He  related  that   as  a                                                               
conservator or  financial manager that  the person could  buy and                                                               
sell  stocks,   bonds,  or  other   entities  that   benefit  the                                                               
conservator.                                                                                                                    
                                                                                                                                
MR.  FINK  responded that  while  that  matter is  not  addressed                                                               
specifically  in SB  101, it  is addressed  in existing  law.   A                                                               
conservator  has  a  fiduciary  relationship and  is  covered  by                                                               
current  law.    Additionally,  the conservator's  fees  must  be                                                               
approved by the court.  The  conservator is required to submit an                                                               
annual report to show actions taken on behalf of the client.                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  related his understanding that  some people                                                               
buy and sell  frequently to earn commissions.  He  inquired as to                                                               
whether that type of action would be a violation.                                                                               
                                                                                                                                
MR.  FINK explained  that in  order  to become  a conservator  or                                                               
guardian someone  such as adult  protective services or  a family                                                               
friend  petitions the  court, a  court  visitor investigates  the                                                               
need for  a conservator or  guardian, and makes  a recommendation                                                               
for  a  conservator  or  guardian.    Additionally,  the  statute                                                               
establishes  a priority,  first it  is  the named  choice of  the                                                               
respondent, next  the spouse, then  the adult children,  with the                                                               
Office of  Public Advocacy (OPA) as  the last choice.   The court                                                               
appoints  an attorney  to represent  the ward's  interests.   The                                                               
court   visitor  and   attorney   report  to   the  court   their                                                               
recommendations  for conservator  or  guardian.   The court  will                                                               
specify the  types of fees  that the conservator or  guardian can                                                               
receive.   Thus, if  the conservator  or guardian  exceeded those                                                               
fees  he/she could  be criminally  liable  for violating  his/her                                                               
judiciary  responsibilities.     The  court  would   not  appoint                                                               
someone's stockbroker, he opined.                                                                                               
                                                                                                                                
4:02:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO posed a scenario  in which a sibling has the                                                               
power  of attorney  to act  on behalf  of the  person.   Once the                                                               
sibling  is  appointed  guardian,  the  sibling  would  still  be                                                               
trading stocks on behalf of the  ward.  He inquired as to whether                                                               
that would be a conflict.                                                                                                       
                                                                                                                                
MR. FINK  answered that it would  depend.  If the  sibling made a                                                               
commission  on each  sale, it  would probably  be a  conflict, he                                                               
opined.  However, if the sibling  received a flat monthly fee and                                                               
did not profit,  it probably would not be a  conflict.  This bill                                                               
does  not address  powers of  attorney.   Even siblings  would be                                                               
under court purview  and would still have to submit  to the court                                                               
investigator,  court  attorney, and  file  an  annual report,  he                                                               
noted.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GATTO posed a further  scenario in which a sibling                                                               
is the conservator,  but sells the ward's house  under the market                                                               
value to a friend.  He asked if that would constitute a crime.                                                                  
                                                                                                                                
MR. FINK  answered that  would depend  on specific  facts.   If a                                                               
person were  not a  ward of  the court, the  person could  sell a                                                               
house  for less  than market  value.   However,  if someone  were                                                               
incapacitated,  it might  be suspect.   He  pointed out  that his                                                               
office  has an  elder  fraud and  assistance  section that  would                                                               
investigate that type of matter.                                                                                                
                                                                                                                                
4:05:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  referred to page  22, lines 8-9,  and asked                                                               
for a definition of "insular possession".                                                                                       
                                                                                                                                
MR. FINK  explained that  this portion  of SB  101 refers  to the                                                               
federal Uniform Jurisdiction Act.                                                                                               
                                                                                                                                
DEBORAH BEHR,  Chief Assistant Attorney General,  Legislation and                                                               
Regulations Section,  Civil Division (Juneau), Department  of Law                                                               
(DOL), Alaska  Uniform Law  Commissioner, National  Conference of                                                               
Commissioners on  Uniform State  Laws (NCCUSL), referred  to page                                                               
[22],  lines  7-9,  and  explained  that  this  is  the  standard                                                               
definition that the  uniform law commissioners use  for states to                                                               
cover  other possessions  subject to  jurisdiction of  the United                                                               
States such as Guam, Puerto Rico, and American Samoa.                                                                           
                                                                                                                                
4:06:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN referred  to page 1, line 7,  and asked why                                                               
"private professional" is added.                                                                                                
                                                                                                                                
MR. FINK  answered that "private professional"  guardian is clean                                                               
up  language  that   replaces  "individual"  or  "organizational"                                                               
throughout  the  bill.   He  explained  that these  changes  will                                                               
remove the  necessity for the  requirement for  numerous licenses                                                               
that were  unintended consequences  of the passage  of HB  280 in                                                               
2004.                                                                                                                           
                                                                                                                                
REPRESENTATIVE NEUMAN  referred to page  6, line 24,  which read:                                                               
"fails to maintain a bond or  other surety as required by a court                                                               
order"  and  inquired as  to  whether  each individual  would  be                                                               
required to get a bond.                                                                                                         
                                                                                                                                
MR. FINK  explained that currently an  organization or individual                                                               
must show  proof of ability  to bond.   However, the  Division of                                                               
Corporations, Business,  and Professional Licensing  (DCBPL) does                                                               
not  require  social  or  medical   professionals  to  submit  to                                                               
bonding.   Additionally, the court  rule allows the  court, based                                                               
on  size  of  estate,  to  require  a  bond.    Thus,  it  seemed                                                               
duplicitous  to  require  proof of  ability  of  bonding  without                                                               
setting a specific amount.  Since  the size of the estate varies,                                                               
it  posed problems.   Therefore,  at the  hearing when  the judge                                                               
makes the appointment,  the judge can determine whether  or not a                                                               
bond  is required  and  the amount  of the  bond.   The  specific                                                               
language on  page 6,  lines 24-25,  is necessary  so that  in the                                                               
event the court orders it and  the person did not obtain the bond                                                               
or surety, that it is a license violation.                                                                                      
                                                                                                                                
4:10:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN inquired as  to whether an individual would                                                               
have to carry a bond.                                                                                                           
                                                                                                                                
MR.  FINK  answered  that  the   license  is  particular  to  the                                                               
individual, so  if a  business consists  of three  guardians, the                                                               
business would need  to be licensed.  The  bond requirement would                                                               
attach to each licensee.                                                                                                        
                                                                                                                                
REPRESENTATIVE  NEUMAN inquired  as to  whether the  cost of  the                                                               
bonding requirement is onerous.                                                                                                 
                                                                                                                                
MR. FINK  offered that  under current law  the court  can require                                                               
guardians to  submit to a bond.   He noted that  currently only a                                                               
handful of private professional  guardians practice in the state.                                                               
He opined that  this language would not add  any impediments, but                                                               
would remove the impediment that  the licensee must show proof of                                                               
the ability to bond.                                                                                                            
                                                                                                                                
4:11:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN referred  to  page 2,  paragraph [4],  and                                                               
asked if a  theft of a pack of cigarettes  would prevent a person                                                               
from becoming licensed as a guardian.                                                                                           
                                                                                                                                
MR. FINK answered that only  misdemeanors that involve dishonesty                                                               
such as  fraud, omission, or  misrepresentation would apply.   He                                                               
noted it is a policy call.                                                                                                      
                                                                                                                                
REPRESENTATIVE NEUMAN  inquired as  to whether the  Department of                                                               
Commerce, Community,  & Economic  Development (DCCED)  would make                                                               
the determination.  He expressed  concern that a person convicted                                                               
of a small theft would not be  able to be employed as a guardian,                                                               
even if his/her debt to society has been paid.                                                                                  
                                                                                                                                
MR. FINK, in response to  Representative Neuman, answered that if                                                               
a  person were  convicted of  a  crime of  dishonesty the  person                                                               
could not become a guardian or conservator.                                                                                     
                                                                                                                                
REPRESENTATIVE  NEUMAN referred  to  page  5, proposed  paragraph                                                               
(3),  with respect  to  the financial  statement,  and asked  for                                                               
clarification.                                                                                                                  
                                                                                                                                
MR. FINK offered that the  DCCED and the Alaska State Association                                                               
for Guardianship  and Advocacy (ASAGA)  asked for  this provision                                                               
to  provide   accountability.     The  conservator   is  managing                                                               
someone's estate,  so it is  relevant to review fees  charged and                                                               
his/her   business   expenses.       In   further   response   to                                                               
Representative Neuman,  Mr. Fink explained that  the person would                                                               
provide this information at the time of licensure.                                                                              
                                                                                                                                
4:16:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN referred  to page 6, page  24, and inquired                                                               
if the bond is at the discretion of the court.                                                                                  
                                                                                                                                
MR. FINK  explained that the  court would  set the amount  of the                                                               
bond based on the particular  circumstances.  He pointed out that                                                               
the  ward has  an attorney  to represent  his/her interests,  but                                                               
that the  court would ultimately  decide.   He noted that  if the                                                               
person is a family member, he/she  would be exempt from the bill.                                                               
However, he  pointed out that  under current law,  family members                                                               
would still be required to file an annual report.                                                                               
                                                                                                                                
4:18:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN referred  to  page 7,  lines [12]-14,  and                                                               
asked for clarification of AS 06.26.020.                                                                                        
                                                                                                                                
MR.  FINK answered  that statute  exempts financial  institutions                                                               
which have a  trust department that provide these  services.  The                                                               
financial institutions have federal  oversight.  Mr. Fink further                                                               
clarified that AS 06.26 is the Revised Alaska Trust Company Act.                                                                
                                                                                                                                
CHAIR OLSON  opined that the federal  oversight provides stricter                                                               
guidelines for the financial institutions.                                                                                      
                                                                                                                                
4:20:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  related  his experience  in  employing  a                                                               
developmentally disabled  person.  He expressed  concern that the                                                               
job coach  takes the  approximate $2,500 earnings  per year.   He                                                               
inquired as  to whether that  is appropriate and  what oversight,                                                               
if any, that his office would have in such matters.                                                                             
                                                                                                                                
MR.  FINK pointed  out  the conservator  or  guardian would  have                                                               
fiduciary  responsibility  to  use   any  earnings  in  the  best                                                               
interests  of the  ward.   He  suggested  options to  investigate                                                               
matters could include  petitioning the court to  review the case,                                                               
or filing  a complaint  with OPA.   He  further suggested  that a                                                               
person could  also file  a complaint with  adult services  when a                                                               
concern exists  that a developmentally  disabled person  is being                                                               
exploited.    He  further  suggested   that  the  conservator  or                                                               
guardian might  be able to explain  how the money is  being spent                                                               
on   behalf  of   his/her   ward.     In   further  response   to                                                               
Representative Ramras,  Mr. Fink  explained that the  court could                                                               
appoint  a  visitor  to  investigate   any  matter  that  appears                                                               
suspicious.                                                                                                                     
                                                                                                                                
4:23:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  related  her experience  with  a  family                                                               
member with dementia.   She explained that her  family hired out-                                                               
of-state  professionals,  with first  a  conservator  and then  a                                                               
guardian.   She pointed out that  the annual report is  to assure                                                               
the court that the estate  is being handled appropriately and the                                                               
needs of  the ward  are being met.   The bond  is to  protect the                                                               
best  interests  of  the  ward.   While  the  statutes  may  seem                                                               
cumbersome,  she said  she felt  that the  interests of  the ward                                                               
were the  first priority  of the  conservator, the  guardian, and                                                               
the court, she opined.                                                                                                          
                                                                                                                                
4:25:07 PM                                                                                                                    
                                                                                                                                
MR. FINK added  that OPA offers a family  guardianship program to                                                               
provide information  on all aspects  of guardianships.   He noted                                                               
that  OPA provides  a binder  of information  along with  a video                                                               
that  are  made available  and  libraries  to provide  continuing                                                               
education to family members.                                                                                                    
                                                                                                                                
4:26:05 PM                                                                                                                    
                                                                                                                                
MR. FINK,  in response to  Representative Buch, offered  that OPA                                                               
has  a   family  guardianship  designated  telephone   line  that                                                               
provides information  on the next  classes offered.   Besides the                                                               
office in  Anchorage, the Fairbanks  office can  conduct classes.                                                               
Rural  residents   are  served  via  mailing   them  the  binder,                                                               
including  forms  and  video that  provides  the  information  on                                                               
guardian and conservators.                                                                                                      
                                                                                                                                
4:27:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO recalled  that former  Representative Bruce                                                               
Weyrauch previously  introduced legislation that he  believed was                                                               
called the  "five wishes" which  collected various statutes.   He                                                               
inquired  as   to  whether  Mr.   Fink  had  knowledge   of  this                                                               
legislation.                                                                                                                    
                                                                                                                                
4:28:00 PM                                                                                                                    
                                                                                                                                
MS.  BEHR  answered  that  the  information  is  located  in  the                                                               
statutes.   Additionally, she  noted that  most of  the hospitals                                                               
distribute  powers of  attorney forms,  at no  cost, when  people                                                               
check  into the  hospital.   Under this  bill the  family of  the                                                               
person  who had  filled  out  a guardianship  form  that named  a                                                               
family member would not be required to be involved with OPA.                                                                    
                                                                                                                                
4:28:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  asked  to  put  on  the  record  that  he                                                               
believes Mr.  Fink is  a tireless advocate  who has  a tremendous                                                               
breadth of knowledge on these issues.                                                                                           
                                                                                                                                
4:29:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  referred to page 11,  proposed Section 24,                                                               
and inquired as to whether this is new language.                                                                                
                                                                                                                                
MS. BEHR answered that proposed  Section 24 is standard language,                                                               
that  the uniform  law commissioners  are  recommending that  all                                                               
states  adopt.   This  proposed section  will  help by  providing                                                               
similar procedures between  states so that when  an Alaska family                                                               
has a  family member outside of  Alaska, the process is  the same                                                               
or  similar  to   our  process  for  appointing   a  guardian  or                                                               
conservator.                                                                                                                    
                                                                                                                                
4:30:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN inquired  as to  the reason  that prompted                                                               
this  bill besides  adopting the  Uniform Adult  Guardianship and                                                               
Protective Proceedings Jurisdiction Act.                                                                                        
                                                                                                                                
MR.  FINK answered  that until  2004, the  licensure for  private                                                               
professional  guardians did  not  exist.   He  explained that  at                                                               
least  one  large  case  exists  in  which  a  number  of  people                                                               
complained that they had a  private conservator and within a year                                                               
their family  member's estate was  depleted.  This resulted  in a                                                               
significant  litigation which  is  still ongoing  to recover  the                                                               
estate  through insurers.   However,  these  cases highlighted  a                                                               
problem  that  there wasn't  any  oversight  of conservators  and                                                               
guardians.    At   the  same  time,  Alaska   has  an  increasing                                                               
population  that   requires  these   services.    In   2004,  the                                                               
legislature required  licensure and reporting through  the DCCED.                                                               
Unfortunately,  the bill  inadvertently created  some impediments                                                               
for those seeking licensure.   He expressed his desire to nurture                                                               
this industry  and have more  private professional  guardians and                                                               
conservators  in  Alaska.   This  bill  would correct  unintended                                                               
consequences.   Since this bill  relates to  private professional                                                               
conservators    and   guardians,    the   uniform    commissioner                                                               
incorporated  provisions into  the  bill to  assist Alaskans  who                                                               
have members living outside Alaska  that need services of private                                                               
professional conservators or guardians.                                                                                         
                                                                                                                                
4:32:07 PM                                                                                                                    
                                                                                                                                
MS.  BEHR further  explained the  impetus for  the Uniform  Adult                                                               
Guardianship and  Protective Proceedings Jurisdiction Act  was to                                                               
assist  people traveling  with family  members who  need services                                                               
that require court  action.  Ms. Behr related  her own experience                                                               
in  which  her  mother,  who  lives  in  Fairbanks,  traveled  to                                                               
California to  visit her  daughter and  had a  major stroke.   In                                                               
this instance, the  California court did not know  how to proceed                                                               
with the  case since  her mother was  not a  California resident.                                                               
Her family decided the mother  needed to stay in California where                                                               
the  illness occurred,  since that  is where  the care  was being                                                               
provided and  since her sister  could provide support.   However,                                                               
the California court  did not know if the case  needed to be held                                                               
in Alaska, which is expensive, she  opined.  She pointed out that                                                               
if her  mother recovered and  wanted to  move to Juneau  that the                                                               
changes  in SB  101  would  make it  very  easy  to transfer  the                                                               
guardianship back to Alaska.                                                                                                    
                                                                                                                                
4:33:16 PM                                                                                                                    
                                                                                                                                
MS. BEHR, in  response to Representative Gatto,  explained that a                                                               
will is one  of the important documents that  people can execute.                                                               
She offered  that a will can  help determine many things  such as                                                               
who will  care for  any children  in the  event the  parents die.                                                               
She further  noted that people  writing their own wills  can miss                                                               
vital information such as pension plans.                                                                                        
                                                                                                                                
4:34:25 PM                                                                                                                    
                                                                                                                                
MARIE DARLIN, AARP Coordinator, AARP Capital City Task Force, in                                                                
response to an earlier question, noted that the forms                                                                           
Representative Gatto referred to are called advanced directives                                                                 
and are in statute.  She explained the forms allow a person to                                                                  
do whatever he/she wants with respect to appointing someone to                                                                  
care for their needs in the event the person is incapacitated.                                                                  
This bill builds on the previous legislation that created the                                                                   
licensure for conservator and guardians and remedies some of the                                                                
problems that arose.  She noted she provided the committee with                                                                 
a letter of support for SB 101.  Ms. Darlin emphasized that as                                                                  
the need for guardians has grown and will continue grow with the                                                                
aging population.  The courts have found it more difficult to                                                                   
find family members who are willing to provide conservator or                                                                   
guardianship services so the need for additional professional                                                                   
people arises.  This bill would improve the quality of care for                                                                 
people who need conservators and guardians to assist them, she                                                                  
opined.  She noted SB 101 provides safeguards through the                                                                       
licensure and reporting requirements which helps to ensure that                                                                 
conservators and guardians are prepared through training and                                                                    
certification to better understand their responsibilities and                                                                   
requirements to care for incapacitated people.  She pointed out                                                                 
that these services are helpful to family members since the                                                                     
incapacitated person is often not in the same town.  She offered                                                                
AARP's full support for SB 101.                                                                                                 
                                                                                                                                
4:37:24 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on SB 101.                                                                                     
                                                                                                                                
4:37:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved to report  CSSB 101(2d L&C)  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.   There  being no objection,  CSSB 101(2d  L&C) was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  
                                                                                                                                

Document Name Date/Time Subjects