HBA-KMH H.B. 2164 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2164 By: Naishtat Judicial Affairs 4/22/1999 Introduced BACKGROUND AND PURPOSE When a child with severe or profound mental retardation becomes eighteen, a parent or loved one of that child often files to become the official legal guardian of the person and/or the estate for the child. Currently, the parent or loved one may not file for such guardianships until the eighteenth birthday of the potential ward. The time it takes to process the application for guardianship, typically one to two months, creates a short, but potentially problematic, gap in the ability of a caring adult to protect and make decisions for the ward in question. H.B. 2164 authorizes a person to file an application for guardianship under Section 682 (Application; Contents), Probate Code, within 61 days of the child's 18th birthday, in instances where a child has severe or profound mental retardation prior to reaching the age of majority which requires a guardianship. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subpart A, Part 3, Chapter XIII, Probate Code, by adding Section 682A, as follows: Sec. 682A. APPLICATION FOR APPOINTMENT OF A GUARDIAN FOR CERTAIN PERSONS. Authorizes a person to file an application under Section 682 (Application; Contents) of this code for the appointment of a guardian of the person or estate, or both, of the proposed ward if a minor is a person who because of severe and profound mental retardation, requires a guardianship after the ward is no longer a minor. Provides that the guardianship of a minor who is the subject of an application for the appointment of a guardian filed under this section is settled and closed when the court makes a final determination regarding the application, notwithstanding Sections 694(b) (Term of Appointment of Guardian) and 745(a) (Closing Guardianships of the Estate), Probate Code. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.