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Committee hears bills to require court notice and bonding when guardians or conservators find significant assets
Summary
Sponsors told the Rules Committee HB 57‑40 would require guardians to notify the probate court within 14 days upon discovering a ward has property worth more than $25,000; HB 57‑39 would require conservators to furnish a bond for significant assets unless an exception applies. Supporters said the changes strengthen court oversight to guard vulnerable individuals from financial abuse.
Representatives presenting HB 57‑39 and HB 57‑40 said the package clarifies the role of the probate court when previously undisclosed assets are discovered in guardianship or conservatorship cases. "House bill 57‑40 requires action when a guardian discovers that a ward has property valued at more than $25,000," a sponsor told the committee, describing a required 14‑day notice and a petitioning process for protective orders or conservatorship.
Sponsors said the guardian may receive statements and information about newly discovered property but "may not access the excess property unless ordered by the court," calling that an important guardrail to protect seniors. HB 57‑39 would require a conservator to furnish a bond when significant cash or property is involved unless assets are already protected in a restricted account or another statutory exception applies; bond changes or cancellations would require court order.
Presenters argued the bills place statutory clarity into areas that previously relied on broad probate procedures. "Significant assets must be disclosed, secured, and overseen by the court," a sponsor said, adding that the package aims to protect vulnerable individuals from mismanagement by guardians or conservators.
Committee members asked about the $25,000 threshold; sponsors said the courts commonly use $25,000 and that the legislature placed the figure into statute to create uniform guardrails. Sponsors asked for support and noted there is a tie bar between the two bills.
The proposals were discussed at length; no committee vote on final passage was recorded in Rules.
