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House Bill 39 |
House Author: Smithee et al. |
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Effective: 9-1-15 |
Senate Sponsor: Zaffirini et al. |
House Bill 39 amends Estates Code provisions relating to guardianships for incapacitated persons and to substitutes for guardianships for certain disabled adults. Among other provisions, the bill requires the exploration of alternatives to guardianship that would avoid the need for the appointment of a guardian and provides for the review of a ward's capacity to determine the ability of the ward to make certain decisions and the need to continue guardianship.
House Bill 39 enacts the Supported Decision-Making Agreement Act to authorize an adult with a disability to voluntarily enter into a supported decision-making agreement with a supporter as a less restrictive substitute for adults who are not considered incapacitated persons for purposes of establishing a guardianship.