APS Guardians
Adult Protective Services/Guardians
| Bills | Committee | Last action | Date |
| HB 192 – Lewis – State facilities; reporting requirements of critical incidents involving consumers. | (H) Committee on Health, Welfare and Institutions | (H) Read first time | 02/03/12 |
| notes: Requires the director of each state hospital or training center to notify the next of kin or personal representative of any consumer who is involved in a critical incident. |
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| HB 552 – Garrett – Mental health and developmental services; replaces certain terminology, technical amendments. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health |
(S) Referred to Committee on Education and Health | 01/30/12 |
| notes: Replaces the terms “mental retardation” and “mental deficiency” with the term “intellectual disability” when referring to the diagnosis of, and with the term “developmental” when referring to services for, individuals with intellectual disabilities; replaces the terms “mentally retarded,” “mentally deficient,” and “mentally defective” with the term “individual with intellectual disability”; replaces the terms “consumer,” “patient,” and “resident” with the term “individual receiving services” when used in connection with mental health or developmental services; updates the Code to reflect proper terminology for state hospitals for individuals with mental illness and state training centers for individuals with intellectual disabilities; defines the terms “behavioral health services,” “developmental services,” “individual receiving services,” “intellectual disability,” and “mental health services”; and revises the definition of “training center.” This bill contains technical amendments. |
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| HB 982 – Scott, J.M. – Crimes against incapacitated adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 02/03/12 |
| notes: Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2 knowing or having reason to know that the victim of the offense is an incapacitated adult is guilty of a separate and distinct Class 1 misdemeanor. The bill adds that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony. |
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| HB 987 – Loupassi – Financial exploitation of elderly or incapacitated adults; penalty. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or incapacitated adult’s property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime. This bill is part of the Governor’s public safety agenda. |
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| HJ 18 – O’Bannon – Community-based mental health services; individuals transitioning from state hospitals, report. | (H) Committee on Rules | (H) Subcommittee recommends striking from docket | 02/02/12 |
| notes: Directs the Joint Commission on Health Care to study the availability of community-based mental health services for individuals transitioning from state hospitals to community-based care and to identify service gaps and service needs and develop recommendations for addressing any service gaps or service needs in this area. |
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| HJ 23 – Morrissey – Employment First initiative; Secretary of Health and Human Resources to develop in State, report. | (H) Committee on Rules | (H) Subcommittee recommends laying on the table | 02/02/12 |
| notes: Requests the Secretary of Health and Human Resources to develop and implement an Employment First initiative for the Commonwealth to increase opportunities for meaningful employment in integrated community settings for persons with intellectual and developmental disabilities. |
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| SB 8 – Lucas – Guardians; disposition of remains. | (S) Committee for Courts of Justice | (S) Read third time and passed Senate (40-Y 0-N) | 01/19/12 |
| notes: Grants both public and private guardians authority to make arrangements for the funeral and disposition of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the cremains, or some combination thereof, if the guardian is not aware of any person that has been otherwise designated to make such arrangements. |
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| SB 9 – Lucas – Guardianship; restriction of visitation. | (S) Committee for Courts of Justice | (S) Passed by indefinitely in Courts of Justice (13-Y 1-N) | 01/16/12 |
| notes: Allows a guardian to restrict visitation of an incapacitated person, unless there is a previously executed advance directive or durable power of attorney specifying otherwise. |
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