Enrolled Bill Summary

Senate Bill 220	Senate Author:  Nelson
Effective:  9-1-11	House Sponsor:  Naishtat

            Senate Bill 220 amends the Human Resources Code to require the Health and Human Services Commission (HHSC), in computing the applied income of a Medicaid recipient, to deduct an additional personal needs allowance from the earned and unearned income of the recipient and, if applicable, the recipient's spouse, for purposes of determining guardianship expenses for the recipient. The bill sets out procedures for when such a deduction becomes effective, the method for computing the applied income of a recipient, and procedures for submitting a court order to receive a deduction. The bill includes provisions relating to access by the Department of Aging and Disability Services (DADS) to records and documents necessary to perform as guardian, and the release of confidential information in the record of an individual who is assessed by DADS or is a former ward of DADS. The bill requires DADS to encourage the involvement of volunteers in guardianships for which DADS serves as guardian of the person or estate and sets out the types of services a volunteer is authorized to provide.

            Senate Bill 220 amends the Texas Probate Code to require a citation stating that a request for guardianship has been filed to contain a statement informing interested persons of the right to be notified of certain actions relating to the guardianship and specifies the relatives of the proposed ward to which a copy of the application for guardianship and notice of information contained in the citation is required to be mailed. The bill includes provisions relating to the right of a ward or proposed ward to retain an attorney, establishes the earliest date a deduction for compensation and costs or services may be ordered by a court, specifies the relatives required to be named in an application for guardianship for certain proposed wards, specifies the conduct that may serve as the basis for removal of an appointed guardian, provides for the appointment of a guardian ad litem and an attorney ad litem in a proceeding to remove an appointed guardian based on certain conduct, and sets out the rights and powers of a successor guardian and procedures for the appointment of an interested person in place of a successor guardian. The bill amends a Government Code guardianship certification requirement provision as it relates to certain volunteer services.