Amendment AA1-AB785

LRBa2209/1

DAK:jld:rs

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2005 ASSEMBLY BILL 785

February 1, 2006 - Offered by Committee on Aging and Long-Term Care.

AB785-AA1,1,1 At the locations indicated, amend the bill as follows:

AB785-AA1,1,3 1. Page 39, line 18: delete "senility which" and substitute " senility which dementia".

AB785-AA1,1,5 2. Page 56, line 16: delete "senility which" and substitute "senility which dementia".

AB785-AA1,1,9 3. Page 66, line 22: delete lines 22 and 23 and substitute "Admission under this paragraph is not permitted for an individual for whom the primary purpose of admission is for treatment or services related to the individual's mental illness or developmental disability.".

AB785-AA1,1,11 4. Page 68, line 22: delete "for guardianship and" and substitute "to transfer a foreign guardianship and, if applicable, a petition for".

AB785-AA1,1,12 5. Page 69, line 7: delete "petition for".

AB785-AA1,2,2 6. Page 69, line 8: delete "guardianship and" and substitute "petition to transfer a foreign guardianship and, if applicable, a petition for".

AB785-AA1,2,7 7. Page 70, line 10: delete lines 10 and 11 and substitute "placement or protective services, an individual shall have filed a petition to transfer a foreign guardianship, whether present in the state or not, or shall be a resident of the state; and shall have a need for protective placement or protective services. The individual".

AB785-AA1,2,9 8. Page 74, line 5: after " others" insert ", or in the county in which the individual intends to reside".

AB785-AA1,2,11 9. Page 85, line 6: after " made" insert "by a person who identifies himself or herself".

AB785-AA1,2,12 10. Page 94, line 14: delete lines 14 to 19 and substitute:

AB785-AA1,2,22 "(2) Attendance. The petitioner shall ensure that the individual sought to be protected attends the hearing on the petition unless, after a personal interview, the guardian ad litem waives the attendance and so certifies in writing to the court the specific reasons why the individual is unable to attend. In determining whether to waive attendance by the individual, the guardian ad litem shall consider the ability of the individual to understand and meaningfully participate, the effect of the individual's attendance on his or her physical or psychological health in relation to the importance of the proceeding, and the individual's expressed desires. If the individual is unable to attend a hearing only because of residency in a nursing home or other facility, physical inaccessibility, or lack of transportation, the court shall, if".

AB785-AA1,2,24 11. Page 139, line 20: after "cause the" insert "petitioner shall ensure that the".

AB785-AA1,3,2 12. Page 139, line 21: delete "ward or ward shall be present at" and substitute "at ward or ward attends".

AB785-AA1,3,3 13. Page 140, line 1: after "litem" insert "waives the attendance and so".

AB785-AA1,3,11 14. Page 140, line 2: delete lines 2 to 4 and substitute "certifies in writing to the court the specific reasons why the person proposed ward or ward is unable to attend. In determining whether to waive attendance by the proposed ward or ward, the guardian ad litem shall consider the ability of the proposed ward or ward to understand and meaningfully participate, the effect of the proposed ward's or ward's attendance on his or her physical or psychological health in relation to the importance of the proceeding, and the proposed ward's or ward's expressed desires. If the person".

AB785-AA1,3,13 15. Page 140, line 5: after "of" insert "residency in a nursing home or other facility,".

AB785-AA1,3,14 16. Page 140, line 6: delete "or" and substitute ", or".

AB785-AA1,3,15 (End)