Enrolled Bill Summary

            House Bill 1470 amends provisions of the Texas Probate Code relating to matters of guardianship and guardianship proceedings. The bill makes various changes in the law affecting the jurisdiction of guardianship proceedings, including contested matters and appeals. The bill clarifies provisions relating to an application for guardianship and the notice requirements for the application, including revising the contents required in an application for appointment and requiring the attorney bringing an application to mail a notice to certain specified individuals, including family members of the proposed ward, and to provide proper evidence that the notice was sent.

            The bill also revises and clarifies certain provisions relating to the administration of the guardianship and the powers and duties of guardians, including the power to establish a trust for the income of the ward to be used for the sole purpose of the ward's eligibility for state medical assistance. The bill requires the guardian to file an application with the court not later than the 30th day after the date the guardian qualifies, requesting a monthly allowance to be expended from the estate for the education and maintenance of the ward and the maintenance of the ward's property. The bill requires the court to consider certain issues related to the estate and the ward and to set a monthly allowance that specifies the types of expenditures the guardian may make on a monthly basis for the ward or the property.

            House Bill 1470 updates provisions relating to investment provisions, including putting the duty on the guardian to invest assets not needed for the ward's care, setting the standards by which the assets are to be invested, and providing investment restrictions. The bill also amends the Penal Code to provide that it is a state jail felony to knowingly interfere with the right of the guardian to have physical possession of a ward.