Enrolled Bill Summary

            House Bill 1663 amends provisions of the Texas Probate Code relating to the modification or closing of a guardianship of an incapacitated person. The act establishes procedures for obtaining a court order to restore a ward's capacity or modify a ward's guardianship by written application, rather than by petition. It requires the court to appoint an attorney ad litem to represent the ward in a proceeding, requires the applicant to provide to the court a letter or certificate from a licensed physician describing the nature and degree of incapacity of the ward, and requires that certain findings be made by the court before it may issue an order to close or modify a guardianship.

            House Bill 1663 amends the Government Code and the Probate Code to provide that a trial court should give precedence to matters involving complete restoration of a ward's capacity or modification of a ward's guardianship. It grants a person the right to commence such a proceeding, but prohibits a person who has an interest that is adverse to a proposed ward or incapacitated person from contesting a modification of a ward's guardianship.