There are two new laws in the realm of guardianships and conservatorships.
One new law would require an appraisal be conducted and shared with the Court anytime a petition is filed for the sale or encumbrance of real estate belonging to a protected person. And the appraisal can’t be older than six months. Click here to read Public Act 68.
Another new law would prohibit a court from granting a guardian the authority to change an incapacitated individual’s residence in a non-emergency situation unless the court first finds that certain conditions are met, including whether the move is to the least restrictive environment suitable to that individual’s unique needs, abilities, and resources. The new law also requires a guardian to notify a court within 14 days of a temporary change in residence if the move is made before a petition is filed. Click here to read Public Act 69.
While obviously intended to protect vulnerable adults and avoid the types of abuses that sometimes make headlines, advocates are divided on whether these new laws are more helpful than burdensome.
They have immediate effect.
