SRC-ARR H.B. 2795 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2795
76R7243 KLA-FBy: Naishtat (Zaffirini)
Human Services
5/13/1999
Engrossed


DIGEST 

Entities such as hospitals or nursing homes sometimes request that a court
appoint Adult Protective Services (APS) as guardians for a person who is
incapacitated, and for whom the responsible party is uncooperative or not
readily ascertainable. In most cases, APS is unfamiliar with the person's
history, and must make medical and placement decisions with little or no
knowledge of the person's background, circumstances, or specific needs.
H.B. 2795 requires an applicant seeking to have a third party named as
guardian to notify the potential guardian in advance. This notice would
allow the Department of Protective and Regulatory Services, which
administers APS, time to determine whether APS, rather than another entity,
would be appropriate to be appointed as guardian.  

PURPOSE

As proposed, H.B. 2795 requires an applicant seeking to have a third party
named as guardian to notify the potential guardian in advance. 

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 Sections 633(b) and (c), Probate Code, to require a
citation issued under this section to include the name of the person to be
appointed guardian as provided in the application for guardianship, if that
person is not the applicant. Makes a conforming change. 

SECTION 2. Amends Sections 875(e) and (f), Probate Code, to  prohibit a
temporary guardianship from being granted prior to a hearing under
Subdivision (1) of this subsection if an applicant is not the proposed
temporary guardian, unless the proposed temporary guardian appears in
court. Makes conforming changes. 

SECTION 3. Effective date: September 1, 1999. 
           Makes application of this Act prospective.

SECTION 4. Emergency clause.