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.