Senate Judiciary Committee Amendment
H 4234 - Session 125 (2023-2024)
Probate

The Committee on Judiciary proposes the following amendment (SJ-4234.MF0004S):

Amend the bill, as and if amended, SECTION 8, by striking Section 62-5-303C(C) and inserting:

 (C) If no party has requested a hearing, there is an agreement among all the parties and the guardian ad litem's report indicates that a hearing would not further the interests of justice, the alleged incapacitated individual may waive his right to a hearing. If the alleged incapacitated individual is unable to communicate to his guardian ad litem his wishes, interests, or preferences regarding the appointment of a guardian or the petition for appointment is not contested, either the attorney for the alleged incapacitated individual or the guardian ad litem, if the attorney has been relieved, shall be allowed to waive his right to a hearing. If the alleged incapacitated individual, his attorney, or his guardian ad litem waives his right to a hearing, the court may:
  (1) require a formal hearing;
  (2) require an informal proceeding as the court shall direct; or
  (3) proceed without a hearing.
 (B)

Amend the bill further, by striking SECTION 22 and inserting:

SECTION 22. This act takes effect upon approval by the Governor and its provisions shall apply to all applicable actions, proceedings, and matters filed on and after the effective date.