No. CS/CS/HB 737
Filed under Legal.
Persons Disqualified from Being Appointed as a Guardian; Authorizes court to appoint person who has been convicted of felony to be guardian of proposed ward; requires court to consider imposing additional requirements on certain guardians to safeguard proposed ward & his or her property; authorizes court to deny appointment as guardian if it determines appointment would place proposed ward, or his or her property, at risk.
Plain English Summary
AI-GENERATEDA parent with a felony conviction can now be appointed guardian of their child if the conviction and full sentence have been over for at least 10 years, were disclosed to the court, and did not involve financial exploitation of a vulnerable adult.
Even if every condition is met, the court can still refuse the appointment if it would put the ward or their property at risk, and must consider requiring a bond, a budget, or more frequent reporting.
A guardian's felony conviction is now grounds for removal only if it happens after the guardianship began, so a court-approved parent's past conviction can no longer trigger automatic removal under this rule.
AIA parent with a felony conviction can be appointed guardian despite the general felony disqualification, if the conviction and sentence were completed at least 10 years earlier, were disclosed to the court, and did not involve financial harm to a vulnerable adult.
AIThe felon-parent exception applies only if the conviction and every term of the sentence, including incarceration, parole, fines, and restitution, were completed at least 10 years before the guardianship application was filed.
AIThe felon-parent exception is unavailable if the conviction involved financial exploitation, breach of fiduciary duty, or any offense involving financial harm or dishonesty to a vulnerable adult.
AIWhen a court appoints a guardian under the felony exception, it must consider extra protections such as a bond, a court-approved budget, or more frequent reporting to protect the ward's property.
AIA guardian may be removed under this specific ground for a felony conviction only if that conviction occurs after the guardianship appointment, so a past conviction disclosed and approved under the new exception cannot trigger removal on its own.