Senate Amendment 3
H 4234 - Session 125 (2023-2024)
Probate

Senator Martin proposes the following amendment (SR-4234.JG0013S):

Amend the bill, as and if amended, SECTION 4, by striking Section 62-5-108(A)(1)(a) and inserting:

   (a) If emergency relief is required to protect the welfare of an alleged incapacitated individualrequested, the moving party must present evidence of the emergency and of the individual's incapacity to the court's satisfaction including, but not limited to, an affidavit from a physician or nurse practitioner, or at the discretion of the court, a physician assistant, or psychologist, who has performed an examination within thirty days prior to the filing of the action,. Additionally, the moving party shall file a motion for the appointment of counsel if counsel has not been retained for an alleged incapacitated individual, and a motion for the appointment of a proposed qualified individual to serve as guardian ad litem.

Amend the bill further, SECTION 4, by striking Section 62-5-108(B)(2)(a) and inserting:

   (a) If temporary relief is required to protect the welfare of an alleged incapacitated individual, in addition to the requirements set forth above in subsection (B)(2)requested, the moving party shall present evidence of the need for temporary relief and of incapacity, including without limitation, an affidavit from a physician or nurse practitioner, or, at the discretion of the court, a physician assistant, or psychologist, who has performed an examination within the previous forty-five days prior to the filing of the action, a motion for the appointment of counsel if counsel has not been retained, and a motion for appointment of a proposed qualified individual to serve as guardian ad litem.

Amend the bill further, SECTION 6, by striking Section 62-5-303A(A)(3) and inserting:

  (3) any affidavits or physician's or nurse practitioner's reports, or, at the discretion of the court, the report of a physician assistant, or psychologist filed with the petition.

Amend the bill further, SECTION 7, by striking Section 62-5-303B(b) and inserting:

 (b) one examiner, who must be a physician or nurse practitioner, or, at the discretion of the court, may be a physician assistant, or psychologist, to examine the alleged incapacitated individual and file a notarized report setting forth his evaluation of the condition of the alleged incapacitated individual in accordance with the provisions set forth in Section 62-5-303D. Unless the guardian ad litem or the alleged incapacitated individual objects, if a physician's or nurse practitioner's notarized report or, at the discretion of the court, or the report of a physician assistant, or psychologist is filed with the petition and served upon the alleged incapacitated individual and all interested parties with the petition, then the court may appoint such physician as the examiner. Upon the court's own motion or upon request of the initial examiner, the alleged incapacitated individual, or his guardian ad litem, the court may appoint a second examiner, who must be a physician, physician assistant, nurse, nurse practitioner, social worker, or psychologist.

Amend the bill further, SECTION 12, by striking Section 62-5-403A(3) and inserting:

 (3) any affidavits or physicians' or nurse practitioners' reports, at the discretion of the court, the report of a physician assistant, or psychologist, filed with the petition.

Amend the bill further, SECTION 13, by striking Section 62-5-403B(b) and inserting:

 (b) except in cases governed by Section 62-5-431 relating to benefits from the VA, one examiner, who must be a physician or nurse practitioner, or, at the discretion of the court, may be a physician assistant, or psychologist, to examine the alleged incapacitated individual and file a notarized report setting forth his evaluation of the condition of the alleged incapacitated individual in accordance with the provisions set forth in Section 62-5-403D. Unless the guardian ad litem or the alleged incapacitated individual objects, if a physician's or nurse practitioner's notarized report, or, at the discretion of the court, may be a physician assistant, or psychologist, is filed with the petition and served upon the alleged incapacitated individual and all interested parties with the petition, then the court may appoint that physician or nurse practitioner, or, at the discretion of the court, may be a physician assistant, or psychologist, as the examiner. Upon the court's own motion or upon request of the initial examiner, the alleged incapacitated individual, or his guardian ad litem, the court may appoint a second examiner, who must be a physician, physician assistant, nurse practitioner, nurse, social worker, or psychologist. No appointment of examiners is required when the basis for the petition is that the individual is confined, detained, or missing.

Amend the bill further, SECTION 16, by striking Section 62-5-422(B)(11) and inserting:

  (11) pay a reasonable fee to the conservator, special conservator, guardian ad litem, attorney, examiner, or physician, physician assistant, nurse practitioner, or psychologist for services rendered;