SCS/HCS/HB 678 - This act provides that the assets held in an ABLE account shall not be considered the property of a conservatorship estate, with the exception of accounts in the charge and custody of a public administrator. This provision is identical to a provision in the truly agreed to CCS/SS/SCS/SB 230 (2019), SB 426 (2019), and a provision in SCS/HCS/HB 354 (2019).
This act also modifies current law to require proper venue in cases of appointment of a guardian or conservator of a minor or incapacitated or disabled person to be the following: (1) the county where the minor or incapacitated or disabled person is domiciled, as long as placement by a court, fiduciary, or agency in such county does not count as choice of domicile; or (2) if there is no domicile, then the county where the minor or incapacitated or disabled person has a significant connection, as specified in the act. If venue for guardianship and conservatorship is in different counties, then venue shall be in the county of the guardianship.
Additionally, this act repeals provisions of current law regarding the commencement of proceedings in more than one county and venue when transferring certain cases involving the appointment of a successor guardian or conservator.
These provisions are identical to provisions in the perfected SB 230 (2019).
SCOTT SVAGERA