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February 29, 2012
Mr. President:
The Judiciary, Law Enforcement, and Criminal Justice Committee reports a favorable
recommendation on H.B. 116, PROBATE CODE AMENDMENTS, by Representative V. L.
Snow, with the following amendments:
Respectfully,
Mark B. Madsen
Voting: 3-0-4
1. Page
6, Lines 155 through 162
:
155
(3) The legal representation of the incapacitated person by an attorney shall
terminate
156
upon the appointment of a guardian, unless:
157
(a) there are separate conservatorship proceedings pending before the court;
158
(b) the appointed guardian elects at the time to maintain the attorney's representation
of
159
the incapacitated person;
160
(c) there is a timely filed appeal of the appointment of the guardian or the
161
determination of incapacity; or
162
(d)
2. Page
8, Lines 216 through 223
:
216
(3) The legal representation of the protected person by an attorney shall terminate
upon
217
the appointment of a conservator, unless:
218
(a) there are separate guardianship proceedings pending before the court;
219
(b) the appointed conservator elects at the time to maintain the attorney's representation
220
of the protected person;
221
(c) there is a timely filed appeal of the appointment of the conservator or the
222
determination of the incapacity; or
223
(d)
Committee Chair
3 HB0116.SC1.wpd nbrady/NWB ECM/JDH 2/29/12 8:12 pm
Bill Number
*HB0116*
HB0116