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SENATE PROPOSAL OF AMENDMENT 2007-2008

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H.617

 

An act relating to guardianships

     The Senate proposes to the House to amend the bill as follows:

First:  In Sec. 1, 14 V.S.A. § 3071(b), after “3069” by striking out “and 3070” and inserting in lieu thereof and 3070

Second:  In Sec. 1, 14 V.S.A. § 3072(a), by striking out subdivision (2) in its entirety and inserting in lieu thereof a new subdivision (2) to read as follows:

(2)  No individual may be appointed or serve as guardian for a person under or in need of guardianship if the individual operates a boarding home, residential care home, assisted living residence, nursing home, group home, developmental home, correctional facility, psychiatric unit at a designated hospital, or other similar facility in which the person under or in need of guardianship resides or is receiving care.

Third:  In Sec. 1, 14 V.S.A. § 3072(b), by striking out subdivisions (1) and (2) in their entirety and inserting in lieu thereof new subdivisions (1) and (2) to read as follows:

(1)  the preference of the ward the nomination of a guardian in an advance directive, trust or in a will;

(2)  any current or past expressed preferences of the respondent;

Fourth:  In Sec. 1, 14 V.S.A. § 3075(e), by striking out “3069(b)(2)” and inserting in lieu thereof 3069(c)(2)

Fifth:  In Sec. 1, 14 V.S.A. § 3075, by striking out subsections (g), (h), and (i) in their entirety and inserting in lieu thereof new subsections (g) and (h) to read as follows:

(g)(1)  The guardian shall obtain prior written approval by the probate court following notice and hearing:

(A)  if the person under guardianship objects to the guardian’s decision, on constitutional grounds or otherwise;

(B)  if the court orders prior approval for a specific surgery, procedure, or treatment, either in its initial order pursuant to subdivision 3069(c)(2) of this title or anytime after appointment of a guardian;

(C)  except as provided in subdivision (2) of this subsection, and unless the guardian is acting pursuant to an advance directive, before withholding or withdrawing life-sustaining treatment other than antibiotics; or

(D)  unless the guardian is acting pursuant to an advance directive, before consenting to a do-not-resuscitate order unless a clinician as defined in subdivision 9701(5) of Title 18 certifies that the person under guardianship is likely to experience cardiopulmonary arrest before court approval can be obtained.  In such circumstances, the guardian shall immediately notify the court by telephone of the need for a decision, shall obtain the clinician’s certification prior to consenting to the do-not-resuscitate order and shall file the clinician’s certification with the court after consent has been given.

(2)  The requirements of subdivision (1)(C) of this subsection shall not apply if obtaining a court order would be impracticable due to the need for a decision before court approval can be obtained.  In such circumstances, the guardian shall immediately notify the court by telephone of the need for a decision, and shall notify the court of any decision made.

(h)  The procedures in chapter 181 of Title 18 shall be the exclusive mechanism:

(1)  For admission to inpatient psychiatric care when the person under guardianship objects to the guardian’s decision on constitutional grounds or otherwise.

(2)  To obtain approval for administration of nonemergency involuntary psychiatric medication to a person under guardianship.

Sixth:  In Sec. 1, 14 V.S.A. § 3077(a), after “Any” by adding A

Seventh:  By striking out Sec. 3 (Guardianship Task Force) in its entirety



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us