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Committee advances guardianship bill after restoring 'limited guardians' language; liability tweak deferred to courts
Summary
The Judiciary Committee approved Senate Bill 2291 as amended to reinstate language allowing limited guardians and removed a proposed expansion of guardian liability pending review by state courts; the bill received a due‑pass recommendation with Senator Paulson to carry it to the floor.
The Senate Judiciary Committee on Jan. 29 approved Senate Bill 2291, a guardianship reform bill, after voting to unstrike language reinstating a provision for limited guardians and moving the bill to a due‑pass recommendation as amended.
Committee discussion also covered a separate proposed amendment submitted by an outside commenter (Mister Bernstein) that would have expanded a guardian’s liability in third‑party situations. The committee deferred that liability proposal so staff could check compatibility with Century Code section 1‑01‑17 and consult state court feedback; the sponsor’s office subsequently told committee members the Supreme Court’s office did not support the liability expansion.
Why it matters: The reinstatement of limited‑guardian language affects the types of guardianships available in state law and may change how guardianship services are provided. The committee’s decision to defer a substantive liability change indicates lawmakers sought judicial input before altering guardians’ legal exposure.
Details and next steps: Senator Paulson moved and the committee adopted an amendment to restore the previously struck language on page 8, lines 29–31, to reinstate limited guardians. A separate suggested expansion of liability (to modify statutory liability standards for guardians) was discussed in detail; the sponsor and committee asked for state court review and then did not adopt the expansion after receiving court office input. The committee approved a due‑pass recommendation as amended and Chair Larson said Senator Paulson would carry the bill to the floor.
Vote: The due‑pass recommendation as amended carried on roll call; senators voting were recorded in the roll call cited during the hearing.
