By McCall H.B. No. 2562
75R7025 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to appointment of a parent as the guardian of an adult
1-3 child who is mentally incapacitated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subpart A, Part 3, Chapter XIII, Texas Probate
1-6 Code, is amended by adding Section 682A to read as follows:
1-7 Sec. 682A. APPOINTMENT OF PARENT AS GUARDIAN OF THE PERSON
1-8 OF A CERTAIN ADULT WHO IS MENTALLY INCAPACITATED. (a) This
1-9 section applies only to an application filed under Section 682 of
1-10 this code by the parent of an adult individual with a permanent
1-11 mental incapacity who is seeking appointment as guardian of the
1-12 person and not the estate of the incapacitated adult individual.
1-13 (b) The court shall hold a hearing on the application not
1-14 later than the 21st day after the date on which the application is
1-15 filed.
1-16 (c) Notwithstanding a provision in this chapter to the
1-17 contrary, the court shall appoint a guardian ad litem or an
1-18 attorney ad litem to represent the interests of the proposed ward
1-19 at the hearing only if the court determines the appointment to be
1-20 in the proposed ward's best interest.
1-21 (d) The court shall appoint the parent of the proposed ward
1-22 as guardian of the person of the ward if:
1-23 (1) the court makes the findings required by Section
1-24 684 of this code;
2-1 (2) the proposed ward is not married;
2-2 (3) the court finds that appointment of the parent as
2-3 guardian is in the proposed ward's best interest;
2-4 (4) the proposed ward was found by a physician
2-5 licensed by this state or another state to be permanently mentally
2-6 incapacitated before the proposed ward's 18th birthday; and
2-7 (5) the application is not contested by another
2-8 interested person seeking guardianship of the person of the
2-9 proposed ward.
2-10 (e) The court shall appoint both parents of the proposed
2-11 ward as coguardians of the ward if the application is filed seeking
2-12 joint appointment as guardians.
2-13 (f) A guardian appointed under this section is not required
2-14 to file the annual report required by Section 743 of this code.
2-15 (g) In this section, "individual with a permanent mental
2-16 incapacity" means an individual who, because of a permanent mental
2-17 condition, is substantially without capacity to care for himself or
2-18 herself and to manage the individual's property.
2-19 SECTION 2. Section 685, Texas Probate Code, is amended by
2-20 amending Subsection (a) and adding Subsection (d) to read as
2-21 follows:
2-22 (a) Except as provided by Subsection (d), a [A] proposed
2-23 ward other than a missing person must be present at a hearing to
2-24 appoint a guardian unless the court, on the record or in the order,
2-25 determines that a personal appearance is not necessary. The court
2-26 may close the hearing if the proposed ward or the proposed ward's
2-27 counsel requests a closed hearing.
3-1 (d) An adult proposed ward whose alleged incapacity is a
3-2 permanent mental condition is not required to be present at a
3-3 hearing on an application filed for appointment under Section 682A
3-4 of this code if the proposed guardian has presented to the court
3-5 written documentation that shows a physician licensed by this state
3-6 or another state has examined the ward and found the ward to be
3-7 permanently mentally incapacitated.
3-8 SECTION 3. Section 687, Texas Probate Code, is amended by
3-9 adding Subsection (d) to read as follows:
3-10 (d) This section does not apply to an application filed for
3-11 appointment under Section 682A of this code to create a
3-12 guardianship for an adult proposed ward if the proposed guardian of
3-13 the ward presents to the court written documentation that shows
3-14 that a physician licensed by this state or another state has
3-15 examined the ward and found the ward to be permanently mentally
3-16 incapacitated. Documentation presented to the court under Section
3-17 685(d) of this code is sufficient to meet the examination and
3-18 report requirements of this section.
3-19 SECTION 4. Section 702(b), Texas Probate Code, is amended to
3-20 read as follows:
3-21 (b) A bond is not required to be given by a guardian [that
3-22 is]:
3-23 (1) that is a corporate fiduciary, as defined by
3-24 Section 601(5) of this code; [or]
3-25 (2) that is a guardianship program operated by a
3-26 county with a population of more than 2.5 million, according to the
3-27 most recent federal decennial census; or
4-1 (3) who is a parent of the ward appointed under
4-2 Section 682A of this code.
4-3 SECTION 5. This Act takes effect September 1, 1997, and
4-4 applies only to an application for appointment of a guardian filed
4-5 on or after that date. An application for appointment of a
4-6 guardian filed before the effective date of this Act is governed by
4-7 the law in effect on the date the application was filed, and the
4-8 former law is continued in effect for that purpose.
4-9 SECTION 6. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.