88R14535 EAS-F

By: Darby H.B. No. 4970

A BILL TO BE ENTITLED

AN ACT

relating to guardianship matters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1055.003, Estates Code, is amended by amending Subsections (a) and (c) and adding Subsections (e), (f), and (g) to read as follows:

(a) Except [Notwithstanding the Texas Rules of Civil Procedure and except] as provided by Subsection (d), an interested person may intervene in a guardianship proceeding [only] by filing a [timely] motion to intervene that is served on the parties.

(c) Except as provided by Subsection (g), the [The] court has the discretion to grant or deny the motion and, in exercising that discretion, may only deny the motion if [must consider whether]:

(1) the intervention will harm the ward or proposed ward [unduly delay or prejudice the adjudication of the original parties' rights]; or

(2) the proposed intervenor is not acting in the ward's or proposed ward's best interest [has such an adverse relationship with the ward or proposed ward that the intervention would unduly prejudice the adjudication of the original parties' rights].

(e) If the court denies a motion under Subsection (c), the court must support the denial with factual findings.

(f) If requested by a proposed intervenor, the court shall allow reasonable discovery, including conducting a deposition, before holding a hearing on the proposed intervenor's motion.

(g) If the motion to intervene includes a request to have a guardian ad litem or court investigator appointed, the court shall grant that portion of the motion regardless of whether the court grants the motion to intervene.

SECTION 2. Section 1203.052(a), Estates Code, is amended to read as follows:

(a) Subject to Subsection (c), the court may remove a guardian as provided by Subsection (a-1) if:

(1) sufficient grounds appear to support a belief that the guardian has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, any of the property entrusted to the guardian's care;

(2) the guardian fails to return any account or report that is required by law to be made;

(3) the guardian fails to obey a proper order of the court that has jurisdiction with respect to the performance of the guardian's duties;

(4) the guardian is proved to have been guilty of gross misconduct or mismanagement in the performance of the guardian's duties;

(5) the guardian:

(A) becomes incapacitated;

(B) is sentenced to the penitentiary; or

(C) from any other cause, becomes incapable of properly performing the duties of the guardian's trust;

(6) the guardian has engaged in conduct with respect to the ward that would be considered to be abuse, neglect, or exploitation, as those terms are defined by Section 48.002, Human Resources Code, if engaged in with respect to an elderly person or person with a disability, as defined by that section;

(7) the guardian neglects to educate or maintain the ward as liberally as the means of the ward's estate and the ward's ability or condition permit;

(8) the guardian interferes with the ward's progress or participation in programs in the community;

(9) the guardian fails to comply with the requirements of Subchapter G, Chapter 1104;

(10) the court determines that, because of the dissolution of the joint guardians' marriage, the termination of the guardians' joint appointment and the continuation of only one of the joint guardians as the sole guardian is in the best interest of the ward; [or]

(11) the guardian of the estate fails to maintain a bond in the amount required by Section 1105.152; or

(12) the guardian would be ineligible for appointment as a guardian under Subchapter H, Chapter 1104.

SECTION 3. The changes in law made by this Act apply to a guardianship created before, on, or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2023.