Enrolled Bill Summary

            House Bill 1132 amends Texas Probate Code provisions relating to guardianships and matters concerning incapacitated persons. The bill provides that if, after execution of a durable power of attorney, a court appoints a temporary guardian of the estate of the principal, the court may suspend the powers of the attorney in fact or agent until the date the term of the temporary guardian expires. The bill amends provisions relating to the appointment of a guardian for a minor whose surviving parent is incapacitated, to the signature required on written declarations by certain parents to appoint guardians for their children, and to self-proving a written declaration to attest to the competency of the declarant. The bill amends the period for filing and hearing an application to be appointed guardian to an incapacitated minor and allows the guardianship of a minor ward to be terminated and the funds transferred to the county clerk to manage when the estate has $50,000 or less, rather than $25,000 or less.

            In addition, House Bill 1132 authorizes a guardian to change its resident agent and establishes procedures for the resignation of a resident agent. The bill allows a court to remove a guardian, if the guardian is not a resident of the state and has no agent of residence, and to appoint one joint guardian as the sole guardian if the marriage of joint guardians is dissolved. The bill defines "community administrator" to mean the spouse of an incapacitated person who is authorized to manage the community estate and sets out certain provisions relating to the appointment, duties, and requirements of a community administrator. House Bill 1132 also makes several conforming changes to the Family Code.