S0113B0087A01566 NAD:EJH 06/01/17 #90 A01566
AMENDMENTS TO SENATE BILL NO. 113
Sponsor: SENATOR GORDNER
Printer's No. 87
Amend Bill, page 1, line 4, by striking out "closest
relatives" and inserting
immediate family
Amend Bill, page 1, line 16, by striking out "closest
relatives" and inserting
immediate family
Amend Bill, page 2, by inserting between lines 11 and 12
(3) A guardian shall comply with a protective order that
remains in effect to protect the incapacitated person from
other persons, even if issued prior to the appointment of the
guardian.
Amend Bill, page 2, by inserting between lines 16 and 17
(1) the existence of a prior protective order or whether
a protective order is being sought to protect the
incapacitated person from the person seeking access to the
incapacitated person;
Amend Bill, page 2, line 17, by striking out "(1)" and
inserting
(2)
Amend Bill, page 2, line 20, by striking out "(2)" and
inserting
(3)
Amend Bill, page 2, line 23, by striking out "(3)" and
inserting
(4)
Amend Bill, page 2, line 26, by striking out "(4)" and
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inserting
(5)
Amend Bill, page 5, lines 24 through 30; page 6, lines 1
through 7; by striking out all of said lines on said pages and
inserting
(f) Sanctions.--If a guardian has violated a court order
issued under this subchapter, the court may:
(1) require the guardian to grant a person access or
provide notice;
(2) restrict or reduce a guardian's right to
compensation, if any;
(3) modify the guardian's duties; or
(4) remove the guardian.
Amend Bill, page 6, line 8, by striking out "closest
relatives" and inserting
immediate family
Amend Bill, page 6, line 10, by striking out "closest
relatives" and inserting
immediate family
Amend Bill, page 6, line 14, by inserting after "person's"
permanent
Amend Bill, page 7, by inserting between lines 11 and 12
(c) Notifications.--
(1) The requirement to provide notice under subsection
(a) may be satisfied by providing notice to all persons
designated by the incapacitated person to be notified and to
the incapacitated person's spouse, if the spouse is not the
guardian.
(2) If the incapacitated person has no spouse, or the
spouse is acting as guardian, notice shall be sent to each of
the incapacitated person's children, if any.
(3) If the incapacitated person has no spouse or
surviving children, notification may be sent to a brother,
sister, grandchild or other person designated by the
incapacitated person to be notified, if any.
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