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Courts warn bill will require new forms, rules and training as guardianship law changes

Senate Judiciary & Rules Committee · February 9, 2026
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Administrative Office of the Courts told the Senate Judiciary & Rules Committee SB 12-40 will change court business practices, requiring forms updates, rule revisions and judicial education; drafters removed many mandatory counsel appointments and made them discretionary to avoid unfunded mandates.

Legal counsel for the Administrative Office of the Courts, Jason Spillman, told the committee the bill's scope means substantial implementation work for the judiciary.

"This is going to be a big change in business for how the courts handle these cases," Spillman said, noting the committee's decision to extend the effective date and the need for forms and process changes. He said mandatory appointment-of-counsel provisions had been converted to discretionary language in most places to avoid putting the courts in the position of finding uncompensated lawyers.

Spillman also warned one existing mandatory appointment remains in adult guardianship language and that several new hearings and findings requirements will increase workload. He urged the legislature to be mindful of judicial resources if the proposals materialize into additional operational demands.