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Bill Summary · HJ 26

Summary — HJ 26: Study guardianships and conservatorships

Bill number: HJ 26 (House Joint Resolution)
Title: Study guardianships and conservatorships
Sponsor: Rep. Brian Close (primary)
Introduced: January 24, 2025
Classification: Joint resolution — interim study (subjects include Courts; Family Law; Judges and Justices; Minors; Senior Citizens; Legislature)

Purpose / intent

HJ 26 directs a legislative study of guardianship and conservatorship systems. The resolution’s stated intent is to evaluate how courts, state agencies, families, and other stakeholders handle guardianships (care and personal decision-making for incapacitated persons or minors) and conservatorships (management of financial affairs), identify problems or gaps, and develop legislative or administrative recommendations to improve protections, oversight, access to alternatives, and outcome transparency.

What the resolution does (based on available legislative actions)

  • Establishes an interim study on guardianships and conservatorships (a joint legislative study rather than a statute creating new legal rules).
  • Assigns the study to the Legislature’s appropriate committee structure (initial referral was to the Joint Committee on Government Administration and Elections; Senate activity shows work in the Public Health, Welfare and Safety committee).
  • Directs committee hearings, executive action, and a committee report; the bill record shows hearings and committee adoption in both chambers.
  • Final legislative process: passed both chambers and was signed by leadership; filed with the Secretary of State on May 6, 2025.

Note: The full text of the resolution is not included here. Specifics such as membership, exact scope language, reporting deadlines, and required deliverables (e.g., an interim report date) should be confirmed by consulting the resolution text.

Likely scope and topics to be studied

(These items are consistent with the resolution title and committee referrals; confirm in the resolution text.)
- Current statutory framework and court procedures for guardianship and conservatorship for minors and adults (including seniors).
- Use, duration, and termination of guardianships/conservatorships; criteria for appointment and standards of proof.
- Oversight, accountability, and reporting mechanisms for guardians and conservators (financial reporting, audits, court monitoring).
- Alternatives to full guardianship (supported decision‑making, powers of attorney, limited guardianship).
- Access to representation and due-process protections for respondents and minors.
- Racial, economic, and geographic disparities in guardianship/conservatorship outcomes.
- Training needs for judges, court personnel, guardians/conservators, and legal counsel.
- Recommendations for statutory or administrative reforms, data collection, cost estimates, and implementation issues.

Who would be affected

  • Courts and judges who hear guardianship/conservatorship matters.
  • Older adults, adults with disabilities, and minors who may be subject to guardianship or conservatorship.
  • Family members and proposed guardians/conservators.
  • Attorneys, public guardianship programs, social service agencies, fiduciaries, and advocacy organizations.
  • The Legislature and state agencies if the study results in recommended policy or statutory changes.

Procedural status and timeline

Selected actions:
- Introduced Jan 24, 2025; referred to Joint Committee on Government Administration and Elections.
- Heard and passed in House Human Services committee; House 3rd Reading passed and transmitted to Senate (April 17, 2025).
- Senate first reading Apr 18; referred to Senate Public Health, Welfare and Safety; hearing Apr 23; committee adopted the resolution Apr 23–24.
- Final steps: signed by Speaker (May 5) and President (May 6); filed with Secretary of State (May 6, 2025).

Because the resolution is a study, its principal near‑term outcome is a committee report with findings and recommendations; any statutory change would require separate future legislation.

For exact membership, reporting deadlines, deliverables, and the text of recommendations, consult the enrolled resolution text or legislative staff materials (LC 3181 is listed as the replaced draft).

Compiled from official sources — confirm details with the bill’s official record.

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