Enrolled Bill Summary

Senate Bill 1624	Senate Author:  Zaffirini et al.
Effective:  9-1-23	House Sponsor:  Leach

            Senate Bill 1624 amends the Estates Code, Government Code, and Health and Safety Code to revise provisions relating to guardianship proceedings. Among other provisions, the bill does the following:

·        requires an applicable attorney appointed or retained for a ward or proposed ward to represent the ward's or proposed ward's interests, including the ward's or proposed ward's expressed wishes;

·        provides for any ward or proposed ward to retain an attorney to represent the person's interests in a guardianship proceeding instead of having those interests represented by an attorney ad litem and provides for such an attorney to be provided current records in the guardianship case and access to all of the proposed ward's relevant records;

·        prohibits a guardian ad litem from being a person having a property right in or claim against an estate or an attorney ad litem appointed for the guardianship proceeding, except under specified circumstances;

·        provides for a ward to have private communications with the ward's physicians or other medical professionals; and

·        authorizes a court in which a guardianship proceeding is pending to conduct a hearing to determine whether a guardianship should be continued, modified, or terminated.

With respect to the mandatory annual review of a guardianship, the bill does the following:

·        replaces the authorization for a statutory probate court to review certain reports prepared by a court investigator, guardian ad litem, or court visitor as well as the annual account of the estate or the annual report regarding the ward with a requirement for the statutory probate court to do so;

·        removes the authorization for a statutory probate court in its annual review of a guardianship to conduct a related hearing;

·        requires a court investigator to take additional steps in evaluating a guardianship and provides for additional reports relating to the support and maintenance of a ward; and

·        requires a ward's statement of guardianship to include whether the ward desires a full restoration of the ward's capacity or modification of the ward's guardianship and any other information the ward wishes to share with the court.

            Senate Bill 1624 also replaces requirements relating to presenting a physician's letter or certificate for purposes of a court order for the complete restoration of a ward's capacity or modification of guardianship with the following provisions:

·        a requirement for an applicant for a court order for complete restoration of a ward's capacity or modification of guardianship, or applicant for the creation of a guardianship for an incapacitated person, to present to the court a letter or certificate from an appropriate physician or psychologist as evidence of capacity, or sufficient capacity with supports and services;

·        a requirement for the physician or psychologist to have experience examining individuals with the physical or mental condition resulting in the ward's incapacity or have an established patient‑provider relationship with the ward;

·        an authorization for a court to consider certain evidence of capacity, or sufficient capacity with supports and services, at the hearing;

·        a requirement for the court to appoint a physician or psychologist to complete an examination of the ward if the court determines necessary; and

·        a requirement for a court investigator and a court visitor to complete certain additional training on alternatives to guardianship and supports and services available to a proposed ward.

Senate Bill 1624 requires the Texas Supreme Court to ensure that at least one hour of training related to such alternatives and supports and services is provided to each judge with jurisdiction to hear a guardianship proceeding, each court investigator appointed in such a proceeding, and each court visitor appointed in the proceeding, at least once every two years.

Senate Bill 1624 specifies that the requirement to transport a person who is apprehended in relation to exhibiting mental illness and an imminent, substantial risk of serious harm to the person or others for a preliminary examination applies to a person who is not physically located in a mental health facility at the time the requisite warrant is issued. The bill replaces the authorization for a judge or magistrate to permit an applicant who is a physician for emergency detention to present an application by email or other secure electronic means with a requirement to do so. The bill requires the Office of Court Administration of the Texas Judicial System to develop and implement a process for an applicant for emergency detention to electronically present such an application. The bill authorizes a facility to detain a person who is physically located in the facility to perform a preliminary examination if a judge or magistrate transmits a warrant for the detention of the person and the person is not under an order for mental health services.