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Section 1. Section 633.635, subsection 1, Code 2015, is amended by adding the following new paragraph:
NEW PARAGRAPH. 0f. Placing reasonable time, place, or manner restrictions on communication, visitation, or interaction between the adult ward and another person.
Section 2. Section 633.635, subsection 2, Code 2015, is amended by adding the following new paragraph:
NEW PARAGRAPH. d. Denying all communication, visitation, or interaction by an adult ward with a person with whom the adult ward has expressed a desire to communicate, visit, or interact or with a person who seeks to communicate, visit, or interact with the adult ward. A court shall approve the denial of all communication, visitation, or interaction with another person only upon a showing of good cause by the guardian.
Section 3. NEW SECTION. 633.637a Rights of ward under guardianship.
An adult ward under a guardianship has the right of communication, visitation, or interaction with other persons upon the consent of the adult ward, subject to section 633.635, subsection 1, paragraph "0f", and section 633.635, subsection 2, paragraph "d". If an adult ward is unable to give express consent to such communication, visitation, or interaction with a person due to a physical or mental condition, consent of an adult ward may be presumed by a guardian or a court based on an adult ward's prior relationship with such person.
PAM JOCHUM - President of the Senate
KRAIG PAULSEM - Speaker of the House
I hereby certify that this bill originated in the Senate and is known as Senate File 306, Eighty-sixth General Assembly.
MICHAEL E. MARSHALL - Secretary of the Senate
Relating to access to and receipt of certain information regarding a ward by certain relatives of the ward.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 1151, Estates Code, is amended by adding Sections 1151.055 and 1151.056 to read as follows:
Sec. 1151.055. APPLICATION BY CERTAIN RELATIVES FOR ACCESS TO WARD; HEARING AND COURT ORDER.
(1) Subsection (c) at least 21 days before the date of the hearing; and
(2) Subsection (d) as soon as practicable.
(1) prohibit the guardian of a ward from preventing the applicant access to the ward if the applicant shows by a preponderance of the evidence that:
(A) the guardian's past act or acts prevented access to the ward; and
(B) the ward desires contact with the applicant;
(2) specify the frequency, time, place, location, and any other terms of access.
(1) shall consider:
(A) whether any protective orders have been issued against the applicant to protect the ward;
(B) whether a court or other state agency has found that the applicant abused, neglected, or exploited the ward;
(C) the best interest of the ward; and
(2) may consider whether:
(A) visitation by the applicant should be limited to situations in which a third person, specified by the court, is present; or
(B) visitation should be suspended or denied.
Court costs or attorney's fees awarded under this subsection may not be paid from the ward's estate.
Sec. 1151.056. GUARDIAN'S DUTY TO INFORM CERTAIN RELATIVES
ABOUT WARD'S HEALTH AND RESIDENCE. (a) This section applies with respect to relatives described under Sections
(b) Except as provided by Subsection (e), the guardian of an adult ward shall as soon as practicable inform relatives if:
(c) In the case of the ward's death, the guardian shall inform relatives of any funeral arrangements and the location of the ward's final resting place.
(d) A relative entitled to notice about a ward under this section may elect to not receive the notice by providing a written request to that effect to the guardian. A guardian shall file any written request received by the guardian under this subsection with the court.
(e) On motion filed with the court showing good cause and after a relative is provided an opportunity to present evidence to the court under Subsection (f), the court, subject to Subsection (g), may relieve the guardian of the duty to provide notice about a ward to a relative under this section.
(f) A copy of the motion required under Subsection (e) shall be provided to the relative specifically named in the motion unless the guardian was unable to locate the relative after making reasonable efforts to discover and locate the relative. The relative provided notice under this subsection may file evidence with the court in response to the motion, and the court shall consider that evidence before making a decision on the motion.
(g) In considering a motion under Subsection (e), the court shall relieve the guardian of the duty to provide notice about a ward to a relative under this section if the court finds that:
December 29, 2015 - Introduced by Senators Moulton, Lasee and Olsen, cosponsored by Representatives Spiros, Ballweg, Bernier, Duchow, Horlacher, Knodl, Krug, T. Larson, A. Ott, Sinicki, Skowronski, Thiesfeldt and Tittl. Referred to Committee on Health and Human Services.
An Act to create 50.085 of the statutes; relating to: visitation of residents of certain facilities by adult children.
This bill allows an adult child who is being prevented from visiting or communicating with his or her parent to petition a court for visitation. The bill applies to a parent who is a resident of a hospital, hospice, nursing home, or community-based residential facility. The court may not grant an adult child's petition for visitation if the court finds that the resident, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with that adult child or that the visitation would not be in the resident's best interest.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 50.085 of the statutes is created to read:
50.085 Visitation by adult children. (1) Definitions. In this section:
(a) "Adult child" means an individual who is at least 18 years of age and who is related to a resident biologically, through adoption, through the marriage or former marriage of the resident to the biological parent of the adult child, or by a judgment of parentage entered by a court of competent jurisdiction.
(b) "Resident" means an adult resident of any of the following:
(c) "Visitation" means an in-person meeting or any telephonic, written, or electronic communication.
(2) Petition for visitation. If an adult child is being denied visitation with a resident the adult child may petition a court to compel visitation with the resident. The court may not issue an order compelling visitation if the court finds any of the following:
(a) The resident, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with that adult child.
(b) Visitation between the petitioning adult child and the resident is not in the best interest of the resident.
Introduced by: Frank W. Wagner
Guardianship; communication between incapacitated person and others. Provides that a guardian shall not unreasonably restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship. This bill incorporates SB 632 and is identical to HB 342.
Guardianship; communication between incapacitated person and others. Provides that an incapacitated person for whom a guardian has been appointed or a power of attorney executed has the right of communication, visitation, or interaction with other persons with whom the incapacitated person has expressed a desire to communicate, visit, or interact. This bill incorporates SB 632.
Guardianship; communication between incapacitated person and others. Provides that an incapacitated person for whom a guardian has been appointed has the right of communication, visitation, or interaction with other persons with whom the incapacitated person has expressed a desire to communicate, visit, or interact. The bill provides that a guardian may place reasonable time, place, or manner restrictions on communication, visitation, or interaction between the incapacitated person and another person; however, the guardian may deny communication, visitation, or interaction only with consent of the court and upon good cause shown.
RFD: Judiciary, First Read: 03-FEB-16
SYNOPSIS: Existing law does not specifically authorize an adult child to petition for visitation with a parent or dependent adult.
Existing law provides that the conservator or guardian, or both, of a dependent adult who is the subject of a conservatorship, also known as a conservatee, is responsible for the care, custody, control, and education of the conservatee, unless the court expressly limits those powers.
This bill would specify that a spouse's, conservator's, or guardian's control of a conservatee does not extend to the right to refuse visitors, telephone calls, and other correspondence from an adult child or relative of a first degree who is not the conservator or a guardian, unless these rights are expressly limited by court order.
This bill would establish a procedure by which an adult child or relative of the first degree may petition for visitation with a conservatee from whom he or she has been isolated, and would authorize a court to grant reasonable visitation with that conservatee.
This bill would also require the spouse, conservator, or guardian to inform the adult children, relatives of a first degree, or both, whenever a conservatee dies or is admitted to a medical facility for acute or chronic care, or both, for a period of three days or more.
To specify a procedure by which an adult child or relative of a first degree who has been isolated from a conservatee may petition for court ordered reasonable visitation rights with the conservatee.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1, For the purposes of this act, the following terms have the following meanings:
Section 3. The petition shall state all of the following information:
Section 4. Upon the filing of the petition, the court shall determine if the conservatee has retained an attorney or if the conservatee plans to retain an attorney.
Section 6. Before ruling on the petition, the court may order the Department of Human Resources to do any or all of the following:
Section 9. The court in which the petition is filed has continuing jurisdiction to revoke or modify an order made pursuant to this act upon a petition filed, noticed, and heard in the same manner as the original petition was filed.
Section 10. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
To amend and reenact Civil Code Article 2995 and Code of Civil Procedure Article 4568 and to enact Civil Code Article 2997(7) and Code of Civil Procedure Articles 3601(E), 4565(B)(7), 4566(J), and 4570 and R.S. 9:3851(E), relative to persons; to provide with respect to interdicted persons; to provide relative to persons subject to mandate; to provide for duties and restrictions of curators, undercurators, and mandataries; to provide with respect to injunctions; to provide for an effective date; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. Civil Code Article 2995 is hereby amended and reenacted and Civil Code Article 2997(7) is hereby enacted to read as follows:
The mandatary may perform all acts that are incidental to or necessary for the 14 performance of the mandate.
The authority granted to a mandatary to perform an act that is an ordinary part of his profession or calling, or an act that follows from the nature of his profession or calling, need not be specified.
A mandatary shall not prevent or limit reasonable communication, visitation, or interaction between a principal who is over the age of eighteen years and another person without prior court approval, to be granted only upon a showing of good cause by the mandatary, unless express authority has been provided pursuant to Civil Code Article 2997(7).
Authority also must be given expressly to:
Section 2. Code of Civil Procedure Article 4568 is hereby amended and reenacted and Code of Civil Procedure Articles 3601(E), 4565(B)(7), 4566(J), and 4570 are hereby enacted to read as follows:
E. The irreparable injury, loss, or damage enumerated in Paragraph A of this Article may result from the isolation of an individual over the age of eighteen years by any other individual, curator, or mandatary, including but not limited to violations of Civil Code Article 2995 or Code of Civil Procedure Article 4566(J).
(7) Move to appoint a successor for a curator who violates any of the provisions of Code of Civil Procedure Article 4566.
J. A curator shall allow communication, visitation, and interaction between an interdict who is over the age of eighteen years and a relative of the interdict by blood, adoption, or affinity within the third degree, or another individual who has a relationship with the interdict based on or productive of strong affection if it would serve the best interest of the interdict.
On motion of any interested person, or on its own motion, the court may remove a curator or undercurator from office for good cause. Good cause may include but not be limited to a violation of Code of Civil Procedure Article 4566(J).
Unless otherwise ordered by the court, removal of the curator or undercurator by the court is effective upon qualification of the appointed successor.
Section 3. R.S. 9:3851(E) is hereby enacted to read as follows:
§3851. Who may file; petition contents; service; venue
E. On motion of any interested person or on its own motion, the court may review the acts of a mandatary and for good cause, grant any relief provided in R.S. 9:3854 or Code of Civil Procedure Article 3605. Good cause shall include but not be limited to a violation of Civil Code Article 2995.
Section 4. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.
Bill Title: Amends the Probate Act of 1975. Provides that upon petition by an adult child, the court may order the guardian to permit visitation between the ward and the adult child if the court finds that the visitation is in the ward's best interests. Provides that the court shall order the guardian to keep the adult children of the ward informed of hospitalizations of the ward, the death of the ward, and burial arrangements for the ward unless the court finds on its own motion or upon petition by the guardian that limiting such disclosure is in the best interests of the ward. Provides that if the issue of whether disclosure is in the best interests of the ward, the adult child has the right to a hearing upon the issue of whether to limit disclosure.
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Probate Act of 1975 is amended by changing Section 11a-17 as follows:
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17) Sec. 11a-17. Duties of personal guardian.
(Source: P.A. 98-1107, eff. 8-26-14; 99-143, eff. 7-27-15.)
State of Arkansas, 91st General Assembly, Regular Session, 2017 by Representative Beck
For An Act To Be Entitled
AN ACT CONCERNING VISITATION WITH AN ENDANGERED ADULT, AN IMPAIRED ADULT, OR A WARD; AND FOR OTHER PURPOSES.
Subtitle: CONCERNING VISITATION WITH AN ENDANGERED ADULT, AN IMPAIRED ADULT, OR A WARD.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 9-20-103, concerning the definition of terms used under the Adult Maltreatment Custody Act, is amended to add additional subdivisions to read as follows:
SECTION 2. Arkansas Code Title 9, Chapter 20, is amended to add an additional section to read as follows:
(a)(1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the Department of Human Services is unreasonably interfering with or denying visitation between the relative and an endangered adult or an impaired adult as defined in § 9-20-103(6) and (10)respectively, the relative may file a petition for reasonable visitation with the endangered adult or the impaired adult in a court with jurisdiction over proceedings under this chapter that concern the endangered adult or the impaired adult.
(2) A petition for reasonable visitation filed under this section shall be verified and state:
(3)(A) A petition for reasonable visitation filed under this section shall be served on all parties to a custody proceeding that is initiated under this chapter and concerns the endangered adult or the impaired adult who is the subject of the petition for reasonable visitation.
(B) A relative who files a petition for reasonable visitation under this section is not a party to a custody proceeding described under subdivision (a)(3)(A) of this section.
(b)(1)(A) If an endangered adult or an impaired adult objects to visitation with the petitioner, the petitioner shall prove by a preponderance of the evidence that the endangered adult or the impaired adult was unduly influenced by the department or another person.
(B) The court shall not find undue influence on the part of the department or another person if the attorney for the endangered adult or the impaired adult confirms that the endangered adult or the impaired adult objects to visitation with the petitioner.
(2) If an endangered adult or an impaired adult consents to visitation with the petitioner, does not object to visitation with the petitioner, or is unable to express his or her consent or objection to visitation with the petitioner, the department shall prove one (1) or more of the following conditions by a preponderance of the evidence in order to overcome the presumption that visitation between the petitioner and the endangered adult or the impaired adult is in the best interest of the endangered adult or the impaired adult:
(A) The petitioner physically abused, exploited,neglected, sexually abused, or otherwise maltreated the endangered adult, the impaired adult, or another adult; or
(B) Visitation between the petitioner and the endangered adult or the impaired adult would be harmful to the mental health or physical well-being of the endangered adult or the impaired adult.
(c)(1) An order issued by the court granting or denying a petition for reasonable visitation filed under this section shall include statements of fact and law supporting the court’s order.
(2) If the court grants the petition for reasonable visitation, then:
(3) If the court denies the petition for reasonable visitation, the:
(d) The court shall not impose costs on:
SECTION 3. Arkansas Code § 28-65-106 is amended to read as follows: 28-65-106. Rights of incapacitated persons.
SECTION 4. Arkansas Code § 28-65-101, concerning definitions, is amended to add additional subdivisions to read as follows:
(11) "Relative" means the spouse, child, grandchild, parent, grandparent, or sibling of a ward.
SECTION 5. Arkansas Code Title 28, Chapter 65, Subchapter 1, is amended to add an additional section to read as follows: 28-65-110. Rights of relatives.
Approved by the Governor April 27, 2017
Introduced by Pansing Brooks, 28; Baker, 30.
A BILL FOR AN ACT relating to families; to define terms; to provide for family member visitation petitions as prescribed; to provide for a hearing; and to provide for costs and fees as prescribed. Be it enacted by the people of the State of Nebraska,
Section 1. For purposes of sections 1 to 4 of this act:
Sec. 3. If the petition filed pursuant to section 2 of this act states that the resident's health is in significant decline or that the resident's death may be imminent, the court shall conduct an emergency hearing on the petition as soon as practicable and in no case later than ten days after the date the petition is filed with the court.
Sec. 4. Upon a motion by a party or upon the court's own motion, if the court finds during a hearing pursuant to section 3 of this act that a person is knowingly isolating the resident from visitation by a family member, the court may order such person to pay court costs and reasonable attorney’s fees of the petitioner and may order other appropriate remedies. No costs, fees, or other sanctions may be paid from the resident's finances or estate.