Georgia Senate - 1995/1996 Sessions

SR 399 - Jt. Guardianship Rewrite Committee - create

Page Numbers - 1/ 2

1. Marable  52nd          2. Oliver  42nd            3. Thomas  10th
4. Hill  4th


Senate Comm: Rules      /         House Comm: Judy       /                                          
Senate Vote: Yeas 48    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/11/96   Read 1st time          2/28/96                                               
             2/15/96   Favorably Reported     3/13/96                                               
             2/19/96   Read 2nd Time          2/29/96                                               
             2/27/96   Read 3rd Time          3/18/96                                               
             2/27/96   Passed/Adopted         3/18/96                                               
             4/1/96    Sent To Governor                                                             
             4/9/96    Signed by Governor                                                           
             68        Act/Veto Number                                                              
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended:                                                                              


SR 399 96                                           LC 8 2639

      SENATE RESOLUTION 399

      By:  Senators Marable of the 52nd, Oliver of the 42nd,
           Thomas of the 10th and Hill of the 4th

                             A RESOLUTION

  1- 1  Creating the Joint Guardianship Rewrite Committee; and for
  1- 2  other purposes.

  1- 3  WHEREAS, the Senate Elder Abuse Task Force heard many
  1- 4  testimonies from elderly citizens who have lost their homes,
  1- 5  their life savings, and many other precious belongings
  1- 6  because of problems in our current laws relating to
  1- 7  guardianship and power of attorney; and

  1- 8  WHEREAS, the Senate Elder Abuse Task Force found a number of
  1- 9  problems in Georgia's current guardianship statutes, which
  1-10  include a failure to encourage the use of alternatives to
  1-11  guardianship and a definition of incapacity which fails to
  1-12  focus on the individual's functional abilities; and

  1-13  WHEREAS, the Senate Elder Abuse Task Force recommended to
  1-14  the Senate in December of 1994 that the General Assembly
  1-15  initiate revisions of Georgia's guardianship statutes.

  1-16  NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
  1-17  GEORGIA that there is created the Joint Guardianship Rewrite
  1-18  Committee to be composed of 20 members. The President of the
  1-19  Senate shall appoint three members of the Senate and seven
  1-20  committee members who are not members of the Senate.  The
  1-21  Speaker of the House shall appoint three members of the
  1-22  House of Representatives and seven committee members who are
  1-23  not members of the House of Representatives.  The committee
  1-24  members who are not members of the General Assembly shall
  1-25  represent each of the following groups: the fiduciary
  1-26  section of the State Bar of Georgia; the elder law committee
  1-27  of the Younger Lawyers Section of the State Bar of Georgia;
  1-28  the Georgia Council of Probate Judges; advocates for the
  1-29  elderly; advocates for persons with mental illness;
  1-30  advocates for the developmentally disabled and mentally
  1-31  retarded; and advocates for children.  Given the technical
  1-32  nature of revising the guardianship statutes, the
  1-33  appointment of committee members with legal backgrounds and
  1-34  experience in guardianship matters is preferred.  The
  1-35  President of the Senate and the Speaker of the House of
  1-36  Representatives shall each designate a member of the



                             S. R. 399
                                 -1- (Index)

                                                   LC 8 2639

  2- 1  committee as a cochairperson of the committee.  The
  2- 2  cochairpersons shall call all meetings of the committee.

  2- 3  BE IT FURTHER RESOLVED that the committee shall undertake a
  2- 4  study of the conditions, needs, issues, and problems
  2- 5  mentioned above or related thereto and recommend any actions
  2- 6  or legislation which the committee deems necessary or
  2- 7  appropriate.  The committee shall review the proposals of
  2- 8  the Senate Elder Abuse Task Force regarding the Georgia
  2- 9  statutes and the Uniform Probate Code provisions relating to
  2-10  guardianship.  The committee may conduct such meetings at
  2-11  such places and at such times as it may deem necessary or
  2-12  convenient to enable it to exercise fully and effectively
  2-13  its powers, perform its duties, and accomplish the
  2-14  objectives and purposes of this resolution.  The members of
  2-15  the committee shall receive the allowances authorized for
  2-16  legislative members of interim legislative committees but
  2-17  shall receive the same for not more than ten days unless
  2-18  additional days are authorized.  The funds necessary to
  2-19  carry out the provisions of this resolution shall come from
  2-20  the funds appropriated to the Senate and House of
  2-21  Representatives.  An interim report of the committee's
  2-22  progress shall be made on or before December 1, 1996.  The
  2-23  committee shall stand abolished on December 1, 1996.
























                             S. R. 399
                                 -2- (Index)