Committee considers allowing family members to request jury trials in guardianship cases after constituent testimony

Senate Bill 345, presented by Sen. Roan, would permit immediate family members or an authorized agent under power of attorney to request counsel or a jury trial for an incapacitated adult who cannot do so themselves. The proposal is framed as a guardianship reform intended to protect vulnerable adults and broaden procedural protections.

Roan described the bill as a response to constituent experiences. Yolanda Bell told the committee about her sister being placed under guardianship and said she, as the long‑term power of attorney, was not allowed to hire counsel or ensure a jury trial: "If she had been represented, maybe the hospital wouldn't have gained custody of her, and maybe she would still be alive today." Members debated whether the right should explicitly allow bench trials as an alternative, and whether the statutory phrase "immediate family" should be cross‑referenced to an existing code definition to avoid ambiguity.

Several senators suggested narrowing the language to address conflict‑of‑interest situations (for example where a guardian or guardian ad litem may have competing interests), while others supported preserving the broader right to jury trial. The patron agreed to work with committee members on drafting technical clarifications, and the bill was ordered to go by for the day to allow that work.

Next steps: Sponsor and counsel will refine language on family definitions and the bench‑trial option; committee deferred formal action pending drafting changes.