Bill > S490

This bill establishes a legal process for family members to seek court-ordered visitation with a frail elderly individual if a family caregiver is unreasonably preventing such visits. The bill defines key terms like "frail elderly individual" (an adult over 60 who is functionally impaired and either cannot perform daily activities without assistance or requires supervision due to cognitive impairment), "family member" (spouse, adult child, grandchild, or close relative), and "family caregiver" (an adult family member providing in-home care). When a family member files a verified petition for visitation, the court will consider factors such as the individual's functional impairment, previously expressed preferences, visitation history, and opinions of other family members. The court will not allow visitation if the elderly individual has decision-making capacity and refuses visits or if visitation is not in their best interests. The bill also provides for the potential appointment of a guardian ad litem to represent the frail elderly individual's interests, with compensation typically paid by the petitioner, unless the family caregiver is found to have maliciously denied visitation. Additionally, if visitation is granted, the court may require the family caregiver to notify the petitioner about significant events like hospitalization, relocation, or death of the frail elderly individual.

Health and Social Services

https://malegislature.gov/Bills/194/S490