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59-3095. Effect of 2002 amendments. (a) Any person who has been adjudged a disabled person prior to the effective date of this act and who has not been restored to capacity, for the purposes of this act, shall be considered to be either:

(1) An adult with an impairment in need of a guardian or conservator, or both;

(2) a minor in need of a guardian or conservator, or both;

(3) a minor with an impairment in need of a guardian or conservator, or both;

(4) a person previously adjudged as impaired in another state; or

(5) a person in need of an ancillary conservator.

(b) Within one year from the effective date of this act, any person with an interest in the matter may file a verified petition requesting that the court determine whether the ward or conservatee meets the definition of impaired as contained within this act, or meets the requirements of being in need of a guardian or conservator. Thereafter, all proceedings shall be as provided for in this act.

(c) No act of a guardian or conservator performed prior to the effective date of this act, which was performed in compliance with any provision of the act for obtaining a guardian or conservator, or both, in effect prior to the effective date of this act, shall be deemed unlawful because of any provision of this act.

(d) Upon and after the effective date of this act, all acts of any guardian or conservator appointed by any court prior to the effective date of this act shall comply with the provisions of this act.

History: L. 2002, ch. 114, ยง 46; July 1.

Law Review and Bar Journal References:

"Overview of the New Guardianship and Conservatorship Act," Christy R. Molzen, 71 J.K.B.A. No. 7, 25 (2002).


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