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HB 941: Fees and Costs Incurred in Guardianship Proceedings

GENERAL BILL by Schwartz

Fees and Costs Incurred in Guardianship Proceedings; Provides that fees & costs incurred by attorney who has rendered services to ward in compensation proceedings are payable from guardianship assets; provides that expert testimony is unnecessary in proceedings to determine compensation for attorney or guardian; provides that court may appoint guardian ad litem to minor if necessary to protect minor's interests in settlement; provides that settlement of minor's claim is subject to certain confidentiality provisions; directs that examining committee be paid from state funds as court-appointed expert witnesses if petition for incapacity is dismissed; requires that petitioner reimburse state for expert witness fees if court finds petition to have been filed in bad faith.

Effective Date: upon becoming a law
Last Action: 5/3/2013 Senate - Died in Judiciary
Bill Text: PDF
Senate Committee References:
  1. Judiciary (JU)
  2. Children, Families, and Elder Affairs (CF)
  3. Appropriations Subcommittee on Criminal and Civil Justice (ACJ)
  4. Appropriations (AP)

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  • Bill History

    Date Chamber Action
    2/20/2013 House • Filed
    3/4/2013 House • Referred to Civil Justice Subcommittee; Healthy Families Subcommittee; Judiciary Committee -HJ 95
    3/5/2013 House • Introduced -HJ 95
    3/11/2013 House • On Committee agenda-- Civil Justice Subcommittee, 03/13/13, 12:00 pm, 404 HOB
    3/13/2013 House • Favorable by Civil Justice Subcommittee; YEAS 13 NAYS 0 -HJ 248
    • Now in Healthy Families Subcommittee -HJ 248
    3/14/2013 House • On Committee agenda-- Healthy Families Subcommittee, 03/18/13, 4:00 pm, 12 HOB
    3/18/2013 House • Favorable by Healthy Families Subcommittee; YEAS 12 NAYS 0 -HJ 279
    • Now in Judiciary Committee -HJ 279
    4/1/2013 House • On Committee agenda-- Judiciary Committee, 04/03/13, 8:30 am, 404 HOB
    4/3/2013 House • Favorable by- Judiciary Committee; YEAS 16 NAYS 0 -HJ 415
    • Placed on Calendar -HJ 415
    4/9/2013 House • Placed on Special Order Calendar, 04/11/13
    4/11/2013 House • Read 2nd time -HJ 517
    • Read 3rd time -HJ 517
    • Passed; YEAS 115 NAYS 0 -HJ 518
    4/12/2013 Senate • In Messages
    4/15/2013 Senate • Referred to Judiciary; Children, Families, and Elder Affairs; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations -SJ 435
    • Received -SJ 435
    5/3/2013 Senate • Died in Judiciary

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  • HB 941, Original Filed Version (Current Bill Version) Posted 2/20/2013 at 4:39 PM

    Bill Text:   PDF
    Analyses:   Civil Justice Subcommittee (Post-Meeting) 3/13/2013 (pdf)
    Healthy Families Subcommittee (Post-Meeting) 3/18/2013 (pdf)
    Judiciary Committee (Post-Meeting) 4/3/2013 (pdf)

    Related Bills (3)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 943 (c1) Public Records Schwartz Linked Last Action: 5/3/2013 S Died in Children, Families, and Elder Affairs
    Location: In committee/council (CF)
    S 590 Fees and Costs Incurred in Guardianship Proceedings Joyner Identical Last Action: 5/3/2013 S Died in Appropriations Subcommittee on Criminal and Civil Justice
    Location: In committee/council (ACJ)
    S 610 Public Records/Claim Settlement on Behalf of a Minor or Ward Joyner Compare Last Action: 5/3/2013 S Died in Judiciary
    Location: In committee/council (JU)

    Floor Votes (1)

    Date Chamber Result
    4/11/2013 4:57 PM House 115 Yeas - 0 Nays

    Citations - Statutes (3)

    Citation Catchline Location in Bill Location In Bill Help
    744.108 Guardian’s and attorney’s fees and expenses.
    744.3025 Claims of minors.
    744.331 Procedures to determine incapacity.

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