HomeMy WebLinkAboutattachment K-786 Guardian TrainingAssembly Bill 786 Guardian Training (Assembly passed 99-0 on
2/20/2020) Status: Ready for Scheduling
Analysis by the Legislative Reference Bureau This bill establishes mandatory initial
training requirements for guardians. Under the bill, every guardian of the person must
complete training on all of the following topics: 1) the duties and required
responsibilities of a guardian under the law and limits of a guardian's decision-making
authority; 2) alternatives to guardianship, including supported decision-making and
powers of attorney; 3) rights retained by a ward; 4) best practices for a guardian to
solicit and understand the wishes and preferences of a ward, involving a ward in
decision-making, and taking a ward's wishes and preferences into account in decisions
made by the guardian; 5) restoration of a ward's rights and the process for removal of
guardianship; 6) future planning and identification of a potential standby or successor
guardian; and 7) resources and technical support for guardians. The bill also requires
that every guardian of the estate must complete training on the duties and required
responsibilities of a guardian under the law and limits of a guardian's
decision-making authority and inventory and accounting requirements. The bill provides
limited exemptions for certain corporate and volunteer guardians. Under the bill, a
proposed guardian of the person or the estate must submit, as part of the guardianship
case, a sworn and notarized statement to the court that the person has completed the
training requirements. The bill requires the Department of Health Services to award a
grant to administer and conduct the required guardian training. DHS must require, in
the request for proposal, that the grantee have expertise in state guardianship law,
experience with technical assistance and support to guardians and wards, and
knowledge of common challenges and questions encountered by guardians and
wards. In addition, the grantee selected to develop training shall develop plain
language, web-based online training modules using adult-learning design principles that
can be accessed for free by training topic and in formats that maximize accessibility,
with printed versions available for free upon request.