PMWJ H.B. 2951 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 2951
By: Thompson
4-17-97
Committee Report (Amended)



BACKGROUND 

 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 under current law,
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.  


PURPOSE

 This bill 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 of obtaining needed hospital-based treatment for
persons who have guardians but who do not meet the criteria for
involuntary mental health services.  


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Section 770(b) of the Texas Probate Code and adds a new
Subsection (e) to Section 770 of the Texas Probate Code. 
 Subsec. (b) is amended to list an additional exception (new Subsection
(e)) to the rule that a guardian may not voluntarily admit an
incapacitated person to a psychiatric facility. 
 New Subsec. (e) authorizes a guardian of an incapacitated person, who
does not meet the criteria for court-ordered mental health services, to
apply for authority to voluntarily admit the incapacitated person to a
public or private psychiatric facility for care and treatment.  Following
appointment of an attorney ad litem for the incapacitated person and a
hearing, the court may issue an order approving or denying the application
within 72 hours of the time the application is filed. The court shall
grant the application and authorize the guardian to voluntarily admit the
incapacitated 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 and the person does not object to the hospital admission. 

 SECTION 2.  Effective date.
 
 SECTION 3.  Emergency clause.


EXPLANATION OF AMENDMENTS

 Committee Amendment No. 1 requires that the guardian of the incapacitated
person be a permanent guardian and requires proof that the admission is
medically necessary as evidenced by the testimony of a psychiatrist.