By Naishtat H.B. No. 952 77R257 CLG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to interstate guardianships. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Part 5, Chapter XIII, Texas Probate Code, is 1-5 amended by adding Subpart G to read as follows: 1-6 SUBPART G. INTERSTATE GUARDIANSHIPS 1-7 Sec. 891. TRANSFER OF GUARDIANSHIP TO FOREIGN JURISDICTION. 1-8 (a) A guardian of the person or estate of a ward may apply with 1-9 the court that has jurisdiction over the guardianship to transfer 1-10 the guardianship to a court in a foreign jurisdiction if the ward 1-11 has moved permanently to the foreign jurisdiction. 1-12 (b) Notice of the application to transfer a guardianship 1-13 under this section shall be served personally on the ward and shall 1-14 be given to the foreign court to which the guardianship is to be 1-15 transferred. 1-16 (c) On the court's own motion or on the motion of the ward 1-17 or any interested person, the court shall hold a hearing to 1-18 consider the application to transfer the guardianship. 1-19 (d) The court shall transfer a guardianship to a foreign 1-20 court if the court determines the transfer is in the best interests 1-21 of the ward. The transfer of the guardianship must be made 1-22 contingent on the acceptance of the guardianship in the foreign 1-23 jurisdiction. To facilitate the orderly transfer of the 1-24 guardianship, the court shall coordinate efforts with the 2-1 appropriate foreign court. 2-2 Sec. 892. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP. 2-3 (a) A guardian appointed by a foreign court to represent an 2-4 incapacitated person who is residing in this state or intends to 2-5 move to this state may file an application with a court in which 2-6 the ward resides or intends to reside to have the guardianship 2-7 transferred to the court. 2-8 (b) Notice of the application for receipt and acceptance of 2-9 a foreign guardianship under this section shall be served 2-10 personally on the ward and shall be given to the foreign court from 2-11 which the guardianship is to be transferred. 2-12 (c) If an application for receipt and acceptance of a 2-13 foreign guardianship is filed in two or more courts with 2-14 jurisdiction, the proceeding shall be heard in the court with 2-15 jurisdiction over the application filed on the earliest date if 2-16 venue is otherwise proper in that court. A court that does not 2-17 have venue to hear the application shall transfer the proceeding to 2-18 the proper court. 2-19 (d) In reviewing an application for receipt and acceptance 2-20 of a foreign guardianship, the court should determine: 2-21 (1) that the proposed guardianship is not a collateral 2-22 attack on an existing or proposed guardianship in another 2-23 jurisdiction in this or another state; and 2-24 (2) for a guardianship in which a court in one or more 2-25 states may have jurisdiction, that the application has been filed 2-26 in the court that is best suited to consider the matter. 2-27 (e) On the court's own motion or on the motion of the ward 3-1 or any interested person, the court shall hold a hearing to 3-2 consider the application for receipt and acceptance of a foreign 3-3 guardianship. 3-4 (f) The court shall grant an application for receipt and 3-5 acceptance of a foreign guardianship if the transfer of the 3-6 guardianship from the foreign jurisdiction is in the best interests 3-7 of the ward. In granting an application under this subsection, the 3-8 court shall give full faith and credit to the provisions of the 3-9 foreign guardianship order concerning the determination of the 3-10 ward's incapacity and the rights, powers, and duties of the 3-11 guardian. 3-12 (g) The court shall coordinate efforts with the appropriate 3-13 foreign court to facilitate the orderly transfer of the 3-14 guardianship. 3-15 (h) The denial of an application for receipt and acceptance 3-16 of a guardianship under this section does not affect the right of a 3-17 guardian appointed by a foreign court to file an application to be 3-18 appointed guardian of the incapacitated person under Section 682 of 3-19 this code. 3-20 Sec. 893. REVIEW OF TRANSFERRED GUARDIANSHIP. Not later 3-21 than the 90th day after the date a court grants an application for 3-22 receipt and acceptance of a foreign guardianship under Section 892 3-23 of this code, the court shall hold a hearing to consider modifying 3-24 the administrative procedures or requirements of the transferred 3-25 guardianship in accordance with local and state law. 3-26 SECTION 2. This Act takes effect September 1, 2001.