Modifies qualifications for and expected duties of legal guardians for incapacitated persons. Among other changes, courts may require a legal guardian to complete related training prior to serving as a guardian. This act also clarifies judicial review and discretion in guardianship cases.   Official Text and Analysis.

To require guardians or limited guardians who are not certified professional guardians or financial institutions must complete training if it is offered by the Administrative Office of the Courts or the superior court. The substitute removes discretion given to the court in requiring training. In addition the substitute adds that an incapacitated person's estate is charged a fee when the guardian files an account with the court.

To require lay guardians to receive training if the training is made available by the Administrative Office of the Courts or superior courts. Requires courts to review guardianship reports and accounts and creates new deadlines for guardianship proceedings, including the notification of interested parties and filing of reports and accounts. Requires the court clerk to collect a fee for filings of guardianship accounts and reports.

To remove the language requiring an automatic review hearing for accounts and reports filed by guardians and limited guardians is removed. The requirement that letters of guardianship automatically expire is removed. The new filing fees are removed. The provision requiring a court to take action against a guardian that has failed to file a required report or account is modified to instead allow the court the discretion to enter an order to show cause and require the guardian to appear at a show cause hearing.

To specify that the waiver of the training requirement by the court is limited to guardians who were appointed prior to July 24, 2011, who already possess the requisite knowledge to serve as a guardian without completing the training. Regarding one of the factors that the court must consider when determining good cause for granting a training waiver, increases the estate amount from $2,000 to $3,000 to be consistent with other minimum estate amounts within the guardian chapter. Makes other technical corrections.

To specify that the required training for guardians or limited guardians provided by the AOC or superior court is a video or web cast that must be made available at no cost to the guardian or limited guardian.

House refuses to concur in Senate amendments. Asks Senate to recede from amendments.

Senate removes amendments, adds a new striker to remove the new account filing fees for estates valued under $100,000. In addition the striker establishes expiration dates for letters of guardianship. The court may issue letters that are valid for a period of up to 5 years. When determining the time period for which the letters will be valid, the court must consider: The length of time the guardian has been serving the incapacitated person; whether the guardian has timely filed all required reports with the court; whether the guardian is monitored by other state or local agencies; and whether there have been any allegations of abuse, neglect, or a breach of fiduciary duty against the guardian, among other things.

House agrees with Senate amendment.