1-1 By: Naishtat (Senate Sponsor - Wentworth) H.B. No. 952 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on 1-4 Jurisprudence; May 8, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; May 8, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to interstate guardianships. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Part 5, Chapter XIII, Texas Probate Code, is 1-11 amended by adding Subpart G to read as follows: 1-12 SUBPART G. INTERSTATE GUARDIANSHIPS 1-13 Sec. 891. TRANSFER OF GUARDIANSHIP TO FOREIGN JURISDICTION. 1-14 (a) A guardian of the person or estate of a ward may apply with 1-15 the court that has jurisdiction over the guardianship to transfer 1-16 the guardianship to a court in a foreign jurisdiction if the ward 1-17 has moved permanently to the foreign jurisdiction. 1-18 (b) Notice of the application to transfer a guardianship 1-19 under this section shall be served personally on the ward and shall 1-20 be given to the foreign court to which the guardianship is to be 1-21 transferred. 1-22 (c) On the court's own motion or on the motion of the ward 1-23 or any interested person, the court shall hold a hearing to 1-24 consider the application to transfer the guardianship. 1-25 (d) The court shall transfer a guardianship to a foreign 1-26 court if the court determines the transfer is in the best interests 1-27 of the ward. The transfer of the guardianship must be made 1-28 contingent on the acceptance of the guardianship in the foreign 1-29 jurisdiction. To facilitate the orderly transfer of the 1-30 guardianship, the court shall coordinate efforts with the 1-31 appropriate foreign court. 1-32 Sec. 892. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP. 1-33 (a) A guardian appointed by a foreign court to represent an 1-34 incapacitated person who is residing in this state or intends to 1-35 move to this state may file an application with a court in which 1-36 the ward resides or intends to reside to have the guardianship 1-37 transferred to the court. 1-38 (b) Notice of the application for receipt and acceptance of 1-39 a foreign guardianship under this section shall be served 1-40 personally on the ward and shall be given to the foreign court from 1-41 which the guardianship is to be transferred. 1-42 (c) If an application for receipt and acceptance of a 1-43 foreign guardianship is filed in two or more courts with 1-44 jurisdiction, the proceeding shall be heard in the court with 1-45 jurisdiction over the application filed on the earliest date if 1-46 venue is otherwise proper in that court. A court that does not 1-47 have venue to hear the application shall transfer the proceeding to 1-48 the proper court. 1-49 (d) In reviewing an application for receipt and acceptance 1-50 of a foreign guardianship, the court should determine: 1-51 (1) that the proposed guardianship is not a collateral 1-52 attack on an existing or proposed guardianship in another 1-53 jurisdiction in this or another state; and 1-54 (2) for a guardianship in which a court in one or more 1-55 states may have jurisdiction, that the application has been filed 1-56 in the court that is best suited to consider the matter. 1-57 (e) On the court's own motion or on the motion of the ward 1-58 or any interested person, the court shall hold a hearing to 1-59 consider the application for receipt and acceptance of a foreign 1-60 guardianship. 1-61 (f) The court shall grant an application for receipt and 1-62 acceptance of a foreign guardianship if the transfer of the 1-63 guardianship from the foreign jurisdiction is in the best interests 1-64 of the ward. In granting an application under this subsection, the 2-1 court shall give full faith and credit to the provisions of the 2-2 foreign guardianship order concerning the determination of the 2-3 ward's incapacity and the rights, powers, and duties of the 2-4 guardian. 2-5 (g) The court shall coordinate efforts with the appropriate 2-6 foreign court to facilitate the orderly transfer of the 2-7 guardianship. 2-8 (h) The denial of an application for receipt and acceptance 2-9 of a guardianship under this section does not affect the right of a 2-10 guardian appointed by a foreign court to file an application to be 2-11 appointed guardian of the incapacitated person under Section 682 of 2-12 this code. 2-13 Sec. 893. REVIEW OF TRANSFERRED GUARDIANSHIP. Not later 2-14 than the 90th day after the date a court grants an application for 2-15 receipt and acceptance of a foreign guardianship under Section 892 2-16 of this code, the court shall hold a hearing to consider modifying 2-17 the administrative procedures or requirements of the transferred 2-18 guardianship in accordance with local and state law. 2-19 SECTION 2. This Act takes effect September 1, 2001. 2-20 * * * * *