"An Act relating to private professional conservators and private and public guardians. "

House Bill 427 was passed by this Legislature in 2004. It responded to a recognized need for oversight of private professional guardians and conservators and gave responsibility for regulation of private professional guardians and conservators to the Division of Occupational Licensing, which is now the Division of Corporations, Business and Professional Licensing. A new statutory section was created in A.S. 08.26 which set out the process by which private guardians and conservators would obtain licensure and act as guardians or conservators for disabled Alaskans. HB 427 also made changes to the guardianship statutes contained in AS 13.26. CSHB 494 deals only with AS 08, and not with AS 13.

CSHB 494 is supported by the Division of Corporations, Business and Professional Licensing and the Alaska State Association for Guardianship and Advocacy. The principal provisions of this bill respond to problems with HB 427 which were recognized when ASAGA started working with the Division of Corporations, Business and Professional Licensing to promulgate regulations. Unfortunately, HB 427 created some disincentives to the growth of a healthy private professional guardian and conservator sector by requiring applicants to acquire more than one license. This problem is addressed in this legislation. The bill also contains a proposed amendment of the Office of Public Advocacy enabling statute. This amendment would require that public guardians, like private professional guardians and conservators, be certified by a nationally recognized organization in the field of guardianships and conservatorships and also undergo the same criminal background check that private professional guardians and conservators undergo.

I urge your support for this legislation.

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