House panel advances bill expanding who may evaluate adults for guardianship and conservatorship

The House Judiciary Committee advanced House Bill 36 after extensive testimony from probate judges, disability advocates and professional licensing groups about who should be qualified to perform court-ordered evaluations in guardianship and conservatorship proceedings.

The bill’s sponsor told the committee the measure expands the list of professionals who may provide capacity evaluations in probate court to include physician assistants, nurse practitioners and clinical nurse specialists in psychiatric and mental health, licensed professional counselors and licensed marriage and family therapists. "We're trying to provide a process that will relieve some of that pressure," the sponsor said, noting courts sometimes cannot find evaluators and cases can languish.

Supporters — including the Probate Judges Council and representatives of licensed professional counselors and advanced practice nurses — said the current list (physicians, psychologists and licensed clinical social workers) is too small in some counties and that expanding the pool will speed evaluations and protect due process by ensuring an independent…