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.