SRC-CDH H.B. 2951 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2951
By: Thompson (Ellis)
Jurisprudence
5-14-97
Engrossed


DIGEST 

Currently, a duly appointed guardian of an incapacitated person may not
voluntarily admit that person to a public or private inpatient psychiatric
facility or to a residential facility for care and treatment should the
person become ill.  In order to have the person admitted for treatment,
the guardian must apply for court-ordered mental health services.  If the
court finds that the person meets the criteria for court-ordered mental
health services, the court may issue an order for mental health services
which allows for the person to be involuntarily admitted to a psychiatric
hospital for care and treatment.  For the guardian's ward, this process
can be stressful, time consuming, and expensive, resulting in a delay of
needed treatment.  H.B. 2951 establishes a procedure permitting the
guardian of an incapacitated person who is ill enough to require
hospitalized treatment, but who does not meet the criteria for
court-ordered mental health services, to apply to the court for authority
to voluntarily admit the person to a public or private inpatient
psychiatric facility for care and treatment.  The court, following a
hearing, may authorize the guardian to voluntarily admit the person to an
inpatient psychiatric facility if the court finds that the admission would
be in the person's best interest and the person does not object to the
hospital admission.  This court procedure provides an avenue for obtaining
needed hospital-based treatment for persons who have guardians, but who do
not meet the criteria for involuntary mental health services.   

PURPOSE

As proposed, H.B. 2951 establishes provisions regarding inpatient mental
health services for certain incapacitated persons. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 770, Texas Probate Code, by amending Subsection
(b), and adding Subsection (e), to authorize a permanent guardian of an
incapacitated person to apply to the court that granted the guardianship
for authority to voluntarily admit the person to a public or private
inpatient psychiatric facility for care and treatment if the person does
not meet the criteria for courtordered mental health services under
Chapter 574, Health and Safety Code.  Requires the court to appoint an ad
litem for the incapacitated person, hold a hearing, and issue an order
approving or denying the application within 72 hours of the time the
application is filed with the court.  Requires the court to grant the
application and authorize the guardian to voluntarily admit the person to
an inpatient psychiatric facility for care and treatment if the court
finds that the admission would be in the person's best interest; the
person does not object to being placed in the facility; and the court
finds that the admission is medically necessary based on the testimony or
written submission of a psychiatrist.   

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.