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AN ACT
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relating to determining the incapacity of a guardian. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1203.052, Estates Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Subject to Subsection (c), the [The] court may remove a |
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guardian as provided by Subsection (a-1) if: |
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(1) sufficient grounds appear to support a belief that |
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the guardian has misapplied, embezzled, or removed from the state, |
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or is about to misapply, embezzle, or remove from the state, any of |
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the property entrusted to the guardian's care; |
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(2) the guardian fails to return any account or report |
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that is required by law to be made; |
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(3) the guardian fails to obey a proper order of the |
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court that has jurisdiction with respect to the performance of the |
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guardian's duties; |
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(4) the guardian is proved to have been guilty of gross |
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misconduct or mismanagement in the performance of the guardian's |
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duties; |
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(5) the guardian: |
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(A) becomes incapacitated; |
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(B) is sentenced to the penitentiary; or |
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(C) from any other cause, becomes incapable of |
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properly performing the duties of the guardian's trust; |
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(6) the guardian has engaged in conduct with respect |
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to the ward that would be considered to be abuse, neglect, or |
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exploitation, as those terms are defined by Section 48.002, Human |
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Resources Code, if engaged in with respect to an elderly person or |
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[disabled] person with a disability, as defined by that section; |
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(7) the guardian neglects to educate or maintain the |
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ward as liberally as the means of the ward's estate and the ward's |
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ability or condition permit; |
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(8) the guardian interferes with the ward's progress |
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or participation in programs in the community; |
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(9) the guardian fails to comply with the requirements |
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of Subchapter G, Chapter 1104; |
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(10) the court determines that, because of the |
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dissolution of the joint guardians' marriage, the termination of |
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the guardians' joint appointment and the continuation of only one |
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of the joint guardians as the sole guardian is in the best interest |
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of the ward; or |
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(11) the guardian would be ineligible for appointment |
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as a guardian under Subchapter H, Chapter 1104. |
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(c) If there is probable cause to believe that a guardian is |
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an incapacitated person, a court may, on the court's own motion or |
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on complaint of an interested person, appoint an attorney ad litem |
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to represent the ward's interests as provided by Section 1054.007 |
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and a court investigator or guardian ad litem to investigate |
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whether the guardian should be removed under Subsection (a)(5)(A). |
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If the court determines it is necessary, the court may appoint the |
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necessary physicians to examine the guardian to determine whether |
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the guardian is an incapacitated person for purposes of Subsection |
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(a)(5)(A). |
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SECTION 2. The changes in law made by this Act apply to a |
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guardianship created before, on, or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3394 was passed by the House on April |
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29, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3394 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |