1-1                                   AN ACT
 1-2     relating to guardianships and other related matters concerning
 1-3     incapacitated persons.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 485, Texas Probate Code, is amended to
 1-6     read as follows:
 1-7           Sec. 485.  RELATION OF ATTORNEY IN FACT OR AGENT TO
 1-8     COURT-APPOINTED GUARDIAN OF ESTATE.  (a)  If, after execution of a
 1-9     durable power of attorney, a court of the principal's domicile
1-10     appoints a permanent guardian of the estate of the principal, the
1-11     powers of the attorney in fact or agent terminate on the
1-12     qualification of the guardian of the estate, and the attorney in
1-13     fact or agent shall deliver to the guardian of the estate all
1-14     assets of the estate of the ward in the attorney's or agent's
1-15     possession and shall account to the guardian of the estate as the
1-16     attorney or agent would to the principal had the principal
1-17     terminated his powers.
1-18           (b)  If, after execution of a durable power of attorney, a
1-19     court of the principal's domicile appoints a temporary guardian of
1-20     the estate of the principal, the court may suspend the powers of
1-21     the attorney in fact or agent on the qualification of the temporary
1-22     guardian of the estate until the date on which the term of the
1-23     temporary guardian expires.
1-24           (c)  Subsection (b) of this section may not be construed to
 2-1     prohibit the application for or issuance of a temporary restraining
 2-2     order under applicable law.
 2-3           SECTION 2.  Section 601, Texas Probate Code, is amended to
 2-4     read as follows:
 2-5           Sec. 601.  DEFINITIONS.  In this chapter:
 2-6                 (1)  "Attorney ad litem" means an attorney who is
 2-7     appointed by a court to represent and advocate on behalf of a
 2-8     proposed ward, an incapacitated person, or an unborn person in a
 2-9     guardianship proceeding.
2-10                 (2)  "Authorized corporate surety" means a domestic or
2-11     foreign corporation authorized to do business in this state to
2-12     issue surety, guaranty, or indemnity bonds guaranteeing the
2-13     fidelity of guardians.
2-14                 (3)  "Child" includes a biological or adopted child,
2-15     whether adopted by a parent under a statutory procedure or by acts
2-16     of estoppel.
2-17                 (4)  "Claims" includes a liability against the estate
2-18     of a minor or an incapacitated person and debts due to the estate
2-19     of a minor or an incapacitated person.
2-20                 (5)  "Community administrator" means a spouse who is
2-21     authorized to manage, control, and dispose of the entire community
2-22     estate on the judicial declaration of incapacity of the other
2-23     spouse, including the part of the community estate that the other
2-24     spouse legally has the power to manage in the absence of the
2-25     incapacity.
2-26                 (6)  "Corporate fiduciary" means a financial
2-27     institution as defined by Section 201.101, Finance Code, having
 3-1     trust powers, existing or doing business under the laws of this
 3-2     state, another state, or the United States, that is authorized by
 3-3     law to act under the order or appointment of any court of record,
 3-4     without giving bond, as a guardian, receiver, trustee, executor, or
 3-5     administrator, or, although without general depository powers, as a
 3-6     depository for any money paid into court, or to become sole
 3-7     guarantor or surety in or on any bond required to be given under
 3-8     the laws of this state.
 3-9                 (7) [(6)]  "Court investigator" means a person
3-10     appointed by a statutory probate court under Section 25.0025,
3-11     Government Code.
3-12                 (8) [(7)]  "Court" or "probate court" means a county
3-13     court in the exercise of its probate jurisdiction, a court created
3-14     by statute and authorized to exercise original probate
3-15     jurisdiction, or a district court exercising original probate
3-16     jurisdiction in contested matters.
3-17                 (9) [(8)]  "Estate" or "guardianship estate" means the
3-18     real and personal property of a ward or deceased ward, both as the
3-19     property originally existed and as has from time to time changed in
3-20     form by sale, reinvestment, or otherwise, and as augmented by any
3-21     accretions and additions to (including any property to be
3-22     distributed to the representative of the deceased ward by the
3-23     trustee of a trust that terminates on the ward's death) or
3-24     substitutions for the property, and as diminished by any decreases
3-25     to or distributions from the property.
3-26                 (10) [(9)]  "Exempt property" refers to that property
3-27     of a deceased ward's estate that is exempt from execution or forced
 4-1     sale by the constitution or laws of this state, and to the
 4-2     allowance in lieu of the property.
 4-3                 (11) [(10)]  "Guardian" means a person who is appointed
 4-4     guardian under Section 693 of this code, or a temporary or
 4-5     successor guardian.  Except as expressly provided otherwise,
 4-6     "guardian" includes the guardian of the estate and the guardian of
 4-7     the person of an incapacitated person.
 4-8                 (12) [(11)]  "Guardian ad litem" means a person who is
 4-9     appointed by a court to represent the best interests of an
4-10     incapacitated person in a guardianship proceeding.
4-11                 (13) [(12)]  "Guardianship program" means a local,
4-12     county, or regional program that provides guardianship and related
4-13     services to an incapacitated person or other person who needs
4-14     assistance in making decisions concerning the person's own welfare
4-15     or financial affairs.
4-16                 (14) [(13)]  "Incapacitated person" means:
4-17                       (A)  a minor;
4-18                       (B)  an adult individual who, because of a
4-19     physical or mental condition, is substantially unable to provide
4-20     food, clothing, or shelter for himself or herself, to care for the
4-21     individual's own physical health, or to manage the individual's own
4-22     financial affairs; or
4-23                       (C)  a person who must have a guardian appointed
4-24     to receive funds due the person from any governmental source.
4-25                 (15) [(14)]  "Interested persons" or "persons
4-26     interested" means an heir, devisee, spouse, creditor, or any other
4-27     person having a property right in, or claim against, the estate
 5-1     being administered or a person interested in the welfare of an
 5-2     incapacitated person, including a minor.
 5-3                 (16) [(15)]  "Minor" means a person who is younger than
 5-4     18 years of age and who has never been married or who has not had
 5-5     the person's disabilities of minority removed for general purposes.
 5-6                 (17) [(16)]  "Minutes" means the guardianship minutes.
 5-7                 (18) [(17)]  "Mortgage" or "lien" includes a deed of
 5-8     trust; vendor's lien;  chattel mortgage;  mechanic's,
 5-9     materialman's, or laborer's lien;  judgment, attachment, or
5-10     garnishment lien;  pledge by hypothecation; and a federal or state
5-11     tax lien.
5-12                 (19) [(18)]  "Next of kin" includes an adopted child,
5-13     the descendants of an adopted child, and the adoptive parent of an
5-14     adopted child.
5-15                 (20) [(19)]  "Parent" means the mother of a child, a
5-16     man presumed to be the biological father of a child, a man who has
5-17     been adjudicated to be the biological father of a child by a court
5-18     of competent jurisdiction, or an adoptive mother or father of a
5-19     child, but does not include a parent as to whom the parent-child
5-20     relationship has been terminated.
5-21                 (21) [(20)]  "Person" includes natural persons,
5-22     corporations, and guardianship programs.
5-23                 (22) [(21)]  "Personal property" includes an interest
5-24     in goods, money, choses in action, evidence of debts, and chattels
5-25     real.
5-26                 (23) [(22)]  "Personal representative" or
5-27     "representative" includes a guardian, and a successor guardian.
 6-1                 (24) [(23)]  "Private professional guardian" means a
 6-2     person, other than an attorney or a corporate fiduciary, who is
 6-3     engaged in the business of providing guardianship services.
 6-4                 (25) [(24)]  "Proceedings in guardianship,"
 6-5     "guardianship matter," "guardianship matters," "guardianship
 6-6     proceeding," and "proceedings for guardianship" are synonymous and
 6-7     include a matter or proceeding relating to a guardianship or any
 6-8     other matter addressed by this chapter.
 6-9                 (26) [(25)]  "Property" includes both real and personal
6-10     property.
6-11                 (27) [(26)]  "Proposed ward" means a person alleged to
6-12     be incapacitated in a guardianship proceeding.
6-13                 (28) [(27)]  "Real property" includes estates and
6-14     interests in lands, corporeal or incorporeal, legal or equitable,
6-15     other than chattels real.
6-16                 (29) [(28)]  "Statutory probate court" means a
6-17     statutory court designated as a statutory probate court under
6-18     Chapter 25, Government Code.  A county court at law exercising
6-19     probate jurisdiction is not a statutory probate court under this
6-20     chapter unless the court is designated a statutory probate court
6-21     under Chapter 25, Government Code.
6-22                 (30) [(29)]  "Surety" includes a personal and a
6-23     corporate surety.
6-24                 (31) [(30)]  "Ward" is a person for whom a guardian has
6-25     been appointed.
6-26                 (32) [(31)]  The singular number includes the plural;
6-27     the plural number includes the singular.
 7-1                 (33) [(32)]  The masculine gender includes the feminine
 7-2     and neuter.
 7-3           SECTION 3.  Section 665(a), Texas Probate Code, is amended to
 7-4     read as follows:
 7-5           (a)  The court may authorize compensation for a guardian or a
 7-6     temporary guardian serving as a guardian of the person alone from
 7-7     available funds of the ward's estate or other funds available for
 7-8     that purpose.  The court shall set the compensation in an amount
 7-9     not exceeding five percent of the ward's gross income.  In
7-10     determining whether to authorize compensation for a guardian under
7-11     this section, the court shall consider the ward's monthly income
7-12     from all sources and whether the ward receives medical assistance
7-13     under the state Medicaid program.
7-14           SECTION 4.  Section 676, Texas Probate Code, is amended by
7-15     amending Subsection (d) and adding Subsections (e)-(g) to read as
7-16     follows:
7-17           (d)  Notwithstanding Subsection (b) of this section and
7-18     Section 690 of this code, the [The] surviving parent of a minor may
7-19     by will or written declaration appoint any eligible person to be
7-20     guardian of the person of the parent's minor children after the
7-21     death of the parent or in the event of the parent's incapacity.
7-22           (e)  After the death of the surviving parent of a minor or if
7-23     the court finds the surviving parent is an incapacitated person, as
7-24     appropriate [Unless the court finds that the person designated in
7-25     the will or declaration to serve as guardian of the person of the
7-26     parent's minor children is disqualified, is dead, refuses to serve,
7-27     or would not serve the best interests of the minor children], the
 8-1     court shall appoint the person designated in the will or
 8-2     declaration to serve as guardian of the person of the parent's
 8-3     minor children in preference to those otherwise entitled to serve
 8-4     as guardian under this chapter unless the court finds that the
 8-5     designated guardian is disqualified, is dead, refuses to serve, or
 8-6     would not serve the best interests of the minor children.
 8-7           (f)  On compliance with this chapter [code], an eligible
 8-8     person is also entitled to be appointed guardian of the children's
 8-9     estates after the death of the parent or in the event of the
8-10     parent's incapacity.
8-11           (g)  The powers of a person appointed to serve as the
8-12     designated guardian of the person or estate, or both, of a minor
8-13     child solely because of the incapacity of the minor's surviving
8-14     parent and in accordance with this section and Section 677A of this
8-15     code terminate when a probate court enters an order finding that
8-16     the surviving parent is no longer an incapacitated person.
8-17           SECTION 5.  Section 677, Texas Probate Code, is amended by
8-18     amending Subsection (b) and adding Subsections (c)-(e) to read as
8-19     follows:
8-20           (b)  The surviving parent of an adult individual who is an
8-21     incapacitated person[, because of a physical or mental condition,
8-22     is substantially unable to provide food, clothing, or shelter for
8-23     himself or herself, to care for the individual's own physical
8-24     health, or to manage the individual's own financial affairs,] may
8-25     by will or written declaration appoint an eligible person to be
8-26     guardian of the person of the adult individual after the parent's
8-27     death or in the event of the parent's incapacity if the parent is
 9-1     the guardian of the person of the adult individual.
 9-2           (c)  After the death of the surviving parent of an adult
 9-3     individual who is an incapacitated person or if the court finds the
 9-4     surviving parent becomes an incapacitated person after being
 9-5     appointed the individual's guardian, as appropriate [Unless the
 9-6     court finds that the person designated in the will or declaration
 9-7     to serve as guardian is disqualified, is dead, refuses to serve, or
 9-8     would not serve the best interests of the adult individual], the
 9-9     court shall appoint the person designated in the will or
9-10     declaration to serve as guardian in preference to those otherwise
9-11     entitled to serve as guardian under this chapter unless the court
9-12     finds that the designated guardian is disqualified, is dead,
9-13     refuses to serve, or would not serve the best interests of the
9-14     adult individual.
9-15           (d)  On compliance with this chapter [code], the eligible
9-16     person appointed under Subsection (c) of this section [this
9-17     subsection] is also entitled to be appointed guardian of the adult
9-18     individual's estate after the death of the individual's parent or
9-19     in the event of the parent's incapacity if the individual's parent
9-20     is the guardian of the individual's estate.
9-21           (e)  The powers of a person appointed to serve as the
9-22     designated guardian of the person or estate, or both, of an adult
9-23     individual solely because of the incapacity of the individual's
9-24     surviving parent and in accordance with this section and Section
9-25     677A of this code terminate when a probate court enters an order
9-26     finding that the surviving parent is no longer an incapacitated
9-27     person and reappointing the surviving parent as the individual's
 10-1    guardian.
 10-2          SECTION 6.  Section 677A, Texas Probate Code, is amended to
 10-3    read as follows:
 10-4          Sec. 677A.  WRITTEN DECLARATIONS BY CERTAIN PARENTS TO
 10-5    APPOINT GUARDIANS FOR THEIR CHILDREN.  (a)  A written declaration
 10-6    appointing an eligible person to be guardian of the person of the
 10-7    parent's child under Section 676(d) or 677(b) of this code must be
 10-8    signed by the declarant and be:
 10-9                (1)  written wholly in the handwriting of the
10-10    declarant; or
10-11                (2)  attested to in the presence of the declarant by at
10-12    least two credible witnesses 14 years of age or older who are not
10-13    named as guardian or alternate guardian in the declaration.
10-14          (b)  A declaration that is not written wholly in the
10-15    handwriting of the declarant may be signed by another person for
10-16    the declarant under the direction of and in the presence of the
10-17    declarant.
10-18          (c)  A declaration described by Subsection (a)(2) of this
10-19    section may [The declaration must] have attached a self-proving
10-20    affidavit signed by the declarant and the witnesses attesting to
10-21    the competence of the declarant and the execution of the
10-22    declaration. [A properly executed and witnessed declaration and
10-23    affidavit are prima facie evidence that the declarant was competent
10-24    at the time the declarant executed the declaration and that the
10-25    guardian named in the declaration would serve the best interests of
10-26    the ward.]
10-27          (d) [(c)]  The declaration and any self-proving affidavit may
 11-1    be filed with the court at any time after the application for
 11-2    appointment of a guardian is filed and before a guardian is
 11-3    appointed.
 11-4          (e)  If the designated guardian does not qualify, is dead,
 11-5    refuses to serve, resigns, or dies after being appointed guardian,
 11-6    or is otherwise unavailable to serve as guardian, the court shall
 11-7    appoint the next eligible designated alternate guardian named in
 11-8    the declaration.  If the guardian and all alternate guardians do
 11-9    not qualify, are dead, refuse to serve, or later die or resign, the
11-10    court shall appoint another person to serve as otherwise provided
11-11    by this code.
11-12          (f) [(d)]  The declarant may revoke a declaration in any
11-13    manner provided for the revocation of a will under Section 63 of
11-14    this code, including the subsequent reexecution of the declaration
11-15    in the manner required for the original declaration.
11-16          (g) [(e)]  A declaration and affidavit may be in any form
11-17    adequate to clearly indicate the declarant's intention to designate
11-18    a guardian for the declarant's child.  The following form may, but
11-19    need not, be used:
11-20    DECLARATION OF APPOINTMENT OF GUARDIAN FOR MY CHILDREN IN THE EVENT
11-21    OF MY DEATH OR INCAPACITY
11-22          I, __________, make this Declaration to appoint as guardian
11-23    for my child or children, listed as follows, in the event of my
11-24    death or incapacity:
11-25    ______________________________       ______________________________
11-26    ______________________________       ______________________________
11-27    ______________________________       ______________________________
 12-1    (add blanks as appropriate)
 12-2          I designate __________ to serve as guardian of the person of
 12-3    my (child or children), __________ as first alternate guardian of
 12-4    the person of my (child or children), __________ as second
 12-5    alternate guardian of the person of my (child or children), and
 12-6    __________ as third alternate guardian of the person of my (child
 12-7    or children).
 12-8          I direct that the guardian of the person of my (child or
 12-9    children) serve (with or without) bond.
12-10          (If applicable) I designate __________ to serve as guardian
12-11    of the estate of my (child or children), __________ as first
12-12    alternate guardian of the estate of my (child or children),
12-13    __________ as second alternate guardian of the estate of my (child
12-14    or children), and __________ as third alternate guardian of the
12-15    estate of my (child or children).
12-16          If any guardian or alternate guardian dies, does not qualify,
12-17    or resigns, the next named alternate guardian becomes guardian of
12-18    my (child or children).
12-19    Signed this __________ day of __________, 20__[19___].
12-20    ______________________________
12-21    Declarant
12-22    ______________________________       ______________________________
12-23    Witness                              Witness
12-24          SELF-PROVING AFFIDAVIT
12-25          Before me, the undersigned authority, on this date personally
12-26    appeared the declarant, and __________ and __________ as witnesses,
12-27    and all being duly sworn, the declarant said that the above
 13-1    instrument was his or her Declaration of Appointment of Guardian
 13-2    for the Declarant's Children in the Event of Declarant's Death or
 13-3    Incapacity and that the declarant had made and executed it for the
 13-4    purposes expressed in the declaration.  The witnesses declared to
 13-5    me that they are each 14 years of age or older, that they saw the
 13-6    declarant sign the declaration, that they signed the declaration as
 13-7    witnesses, and that the declarant appeared to them to be of sound
 13-8    mind.
 13-9    ______________________________
13-10    Declarant
13-11    ______________________________       ______________________________
13-12    Affiant                              Affiant
13-13          Subscribed and sworn to before me by the above named
13-14    declarant and affiants on this ___ day of __________, 20__ [19___].
13-15                                         ______________________________
13-16                                         Notary Public in and for the  
13-17                                         State of Texas                
13-18                                         My Commission expires:        
13-19                                         ______________________________
13-20          (h)  In this section, "self-proving affidavit" means an
13-21    affidavit the form and content of which substantially complies with
13-22    the requirements of Subsection (g) of this section.
13-23          SECTION 7.  Subpart A, Part 3, Chapter XIII, Texas Probate
13-24    Code, is amended by adding Section 677B to read as follows:
13-25          Sec. 677B.  PROOF OF WRITTEN DECLARATION OF CERTAIN PARENTS
13-26    TO DESIGNATE CHILDRENS' GUARDIAN.  (a)   In this section:
13-27                (1)  "Declaration" means a written declaration of a
 14-1    person that:
 14-2                      (A)  appoints a guardian for the person's child
 14-3    under Section 676(d) or 677(b) of this code; and
 14-4                      (B)  satisfies the requirements of Section 677A
 14-5    of this code.
 14-6                (2)  "Self-proving affidavit" means an affidavit the
 14-7    form and content of which substantially complies with the
 14-8    requirements of Section 677A(g) of this code.
 14-9                (3)  "Self-proving declaration" includes a self-proving
14-10    affidavit that is attached or annexed to a declaration.
14-11          (b)  If a declaration is self-proved, the court may admit the
14-12    declaration into evidence without the testimony of witnesses
14-13    attesting to the competency of the declarant and the execution of
14-14    the declaration.  Additional proof of the execution of the
14-15    declaration with the formalities and solemnities and under the
14-16    circumstances required to make it a valid declaration is not
14-17    necessary.
14-18          (c)  At any time during the declarant's lifetime, a written
14-19    declaration described by Section 677A(a)(1) of this code may be
14-20    made self-proved in the same form and manner a will written wholly
14-21    in the handwriting of a testator is made self-proved under Section
14-22    60 of this code.
14-23          (d)  A properly executed and witnessed self-proving
14-24    declaration and affidavit, including a declaration and affidavit
14-25    described by Section 677A(c) of this code, are prima facie evidence
14-26    that the declarant was competent at the time the declarant executed
14-27    the declaration and that the guardian named in the declaration
 15-1    would serve the best interests of the ward.
 15-2          (e)  A written declaration described by Section 677A(a)(1) of
 15-3    this code that is not self-proved may be proved in the same manner
 15-4    a will written wholly in the handwriting of the testator is proved
 15-5    under Section 84 of this code.
 15-6          (f)  A written declaration described by Section 677A(a)(2) of
 15-7    this code that is not self-proved may be proved in the same manner
 15-8    an attested written will produced in court is proved under Section
 15-9    84 of this code.
15-10          SECTION 8.  Section 679, Texas Probate Code, is amended to
15-11    read as follows:
15-12          Sec. 679.  DESIGNATION OF GUARDIAN BEFORE NEED ARISES.  (a)
15-13    A person other than an incapacitated person may designate by a
15-14    written declaration persons to serve as guardian of the person of
15-15    the declarant or the estate of the declarant if the declarant
15-16    becomes incapacitated. The declaration must be signed by the
15-17    declarant and be:
15-18                (1)  written wholly in the handwriting of the
15-19    declarant; or
15-20                (2)  attested to in the presence of the declarant by at
15-21    least two credible witnesses 14 years of age or older who are not
15-22    named as guardian or alternate guardian in the declaration.
15-23          (b)  A declarant may, in the declaration, disqualify named
15-24    persons from serving as guardian of the declarant's person or
15-25    estate, and the persons named may not be appointed guardian under
15-26    any circumstances.
15-27          (c)  A declaration that is not written wholly in the
 16-1    handwriting of a declarant may be signed by another person for the
 16-2    declarant under the direction of and in the presence of the
 16-3    declarant.
 16-4          (d)  A declaration described by Subsection (a)(2) of this
 16-5    section may [The declaration must] have attached a self-proving
 16-6    affidavit signed by the declarant and the witnesses attesting to
 16-7    the competence of the declarant and the execution of the
 16-8    declaration. [A properly executed and witnessed declaration and
 16-9    affidavit are prima facie evidence that the declarant was competent
16-10    at the time the declarant executed the declaration and that the
16-11    guardian named in the declaration would serve the best interests of
16-12    the ward.]
16-13          (e) [(d)]  The declaration and any self-proving affidavit may
16-14    be filed with the court at any time after the application for
16-15    appointment of a guardian is filed and before a guardian is
16-16    appointed.
16-17          (f)  Unless the court finds that the person designated in the
16-18    declaration to serve as guardian is disqualified or would not serve
16-19    the best interests of the ward, the court shall appoint the person
16-20    as guardian in preference to those otherwise entitled to serve as
16-21    guardian under this code.  If the designated guardian does not
16-22    qualify, is dead, refuses to serve, resigns, or dies after being
16-23    appointed guardian, or is otherwise unavailable to serve as
16-24    guardian, the court shall appoint the next eligible designated
16-25    alternate guardian named in the declaration.  If the guardian and
16-26    all alternate guardians do not qualify, are dead, refuse to serve,
16-27    or later die or resign, the court shall appoint another person to
 17-1    serve as otherwise provided by this code.
 17-2          (g) [(e)]  The declarant may revoke a declaration in any
 17-3    manner provided for the revocation of a will under Section 63 of
 17-4    this code, including the subsequent reexecution of the declaration
 17-5    in the manner required for the original declaration.
 17-6          (h) [(f)]  If a declarant designates the declarant's spouse
 17-7    to serve as guardian under this section, and the declarant is
 17-8    subsequently divorced from that spouse before a guardian is
 17-9    appointed, the provision of the declaration designating the spouse
17-10    has no effect.
17-11          (i) [(g)]  A declaration and affidavit may be in any form
17-12    adequate to clearly indicate the declarant's intention to designate
17-13    a guardian.  The following form [forms] may, but need not, be used:
17-14               DECLARATION OF GUARDIAN IN THE EVENT OF LATER
17-15                      INCAPACITY OR NEED OF GUARDIAN
17-16          I, __________, make this Declaration of Guardian, to operate
17-17    if the need for a guardian for me later arises.
17-18          1.  I designate __________ to serve as guardian of my person,
17-19    __________ as first alternate guardian of my person, __________ as
17-20    second alternate guardian of my person, and __________ as third
17-21    alternate guardian of my person.
17-22          2.  I designate __________ to serve as guardian of my estate,
17-23    __________ as first alternate guardian of my estate, __________ as
17-24    second alternate guardian of my estate, and __________ as third
17-25    alternate guardian of my estate.
17-26          3.  If any guardian or alternate guardian dies, does not
17-27    qualify, or resigns, the next named alternate guardian becomes my
 18-1    guardian.
 18-2          4.  I expressly disqualify the following persons from serving
 18-3    as guardian of my person:  __________, __________, and __________.
 18-4          5.  I expressly disqualify the following persons from serving
 18-5    as guardian of my estate:  __________, __________, and __________.
 18-6          Signed this ___ day of __________, 20__ [19___].
 18-7    ______________________________
 18-8    Declarant
 18-9    ______________________________       ______________________________
18-10    Witness                              Witness
18-11          SELF-PROVING AFFIDAVIT
18-12          Before me, the undersigned authority, on this date personally
18-13    appeared the declarant, and ____________ and ____________ as
18-14    witnesses, and all being duly sworn, the declarant said that the
18-15    above instrument was his or her Declaration of Guardian and that
18-16    the declarant had made and executed it for the purposes expressed
18-17    in the declaration.  The witnesses declared to me that they are
18-18    each 14 years of age or older, that they saw the declarant sign the
18-19    declaration, that they signed the declaration as witnesses, and
18-20    that the declarant appeared to them to be of sound mind.
18-21    ______________________________
18-22    Declarant
18-23    ______________________________       ______________________________
18-24    Affiant                              Affiant
18-25          Subscribed and sworn to before me by the above named
18-26    declarant and affiants on this ____ day of __________, 20__ [19__].
18-27                                              _________________________
 19-1                                              Notary Public in and for 
 19-2                                              the State of Texas       
 19-3                                              My Commission expires:   
 19-4                                              _________________________
 19-5          (j)  In this section, "self-proving affidavit" means an
 19-6    affidavit the form and content of which substantially complies with
 19-7    the requirements of Subsection (i) of this section.
 19-8          SECTION 9.  Subpart A, Part 3, Chapter XIII, Texas Probate
 19-9    Code, is amended by adding Section 679A to read as follows:
19-10          Sec. 679A.  PROOF OF WRITTEN DECLARATION TO DESIGNATE
19-11    GUARDIAN BEFORE NEED ARISES.  (a)  In this section:
19-12                (1)  "Declaration" means a written declaration of a
19-13    person that:
19-14                      (A)  designates another person to serve as a
19-15    guardian of the person or estate of the declarant; and
19-16                      (B)  satisfies the requirements of Section 679 of
19-17    this code.
19-18                (2)  "Self-proving affidavit" means an affidavit the
19-19    form and content of which substantially complies with the
19-20    requirements of Section 679(i) of this code.
19-21                (3)  "Self-proving declaration" includes a self-proving
19-22    affidavit that is attached or annexed to a declaration.
19-23          (b)  If a declaration is self-proved, the court may admit the
19-24    declaration into evidence without the testimony of witnesses
19-25    attesting to the competency of the declarant and the execution of
19-26    the declaration. Additional proof of the execution of the
19-27    declaration with the formalities and solemnities and under the
 20-1    circumstances required to make it a valid declaration is not
 20-2    necessary.
 20-3          (c)  At any time during the declarant's lifetime, a written
 20-4    declaration described by Section 679(a)(1) of this code may be
 20-5    made self-proved in the same form and manner a will written wholly
 20-6    in the handwriting of a testator is made self-proved under Section
 20-7    60 of this code.
 20-8          (d)  A properly executed and witnessed self-proving
 20-9    declaration and affidavit, including a declaration and affidavit
20-10    described by Section 679(d) of this code, are prima facie evidence
20-11    that the declarant was competent at the time the declarant executed
20-12    the declaration and that the guardian named in the declaration
20-13    would serve the best interests of the ward.
20-14          (e)  A written declaration described by Section 679(a)(1) of
20-15    this code that is not self-proved may be proved in the same manner
20-16    a will written wholly in the handwriting of the testator is proved
20-17    under Section 84 of this code.
20-18          (f)  A written declaration described by Section 679(a)(2) of
20-19    this code that is not self-proved may be proved in the same manner
20-20    an attested written will produced in court is proved under Section
20-21    84 of this code.
20-22          SECTION 10. Section 682A(a), Texas Probate Code, is amended
20-23    to read as follows:
20-24          (a)  If a minor is a person who, because of incapacity, will
20-25    require a guardianship after the ward is no longer a minor, a
20-26    person may file an application under Section 682 of this code for
20-27    the appointment of a guardian of the person or [and/or] the estate,
 21-1    or both, of the proposed ward not earlier than the 180th [60th] day
 21-2    before the proposed ward's 18th birthday.  If the application is
 21-3    heard before the proposed ward's 18th birthday, a guardianship
 21-4    created under this section may not take effect and the person
 21-5    appointed guardian may not give a bond or take the oath as required
 21-6    under Section 700 or 702 of this code until the proposed ward's
 21-7    18th birthday.
 21-8          SECTION 11. Section 701, Texas Probate Code, is amended to
 21-9    read as follows:
21-10          Sec. 701.  TIME FOR TAKING OATH AND GIVING BOND. Except as
21-11    provided by Section 682A(a) of this code, the [The] oath of a
21-12    guardian may be taken and subscribed, or the bond of a guardian may
21-13    be given and approved, at any time before the expiration of the
21-14    20th day after the date of the order granting letters of
21-15    guardianship, or before the letters have been revoked for a failure
21-16    to qualify within the time allowed.  An oath may be taken before
21-17    any person authorized to administer oaths under the laws of this
21-18    state.
21-19          SECTION 12.  Section 702(b), Texas Probate Code, is amended
21-20    to read as follows:
21-21          (b)  A bond is not required to be given by a guardian that
21-22    is:
21-23                (1)  a corporate fiduciary, as defined by Section 601
21-24    [601(5)] of this code; or
21-25                (2)  a guardianship program operated by a county.
21-26          SECTION 13.  Section 745(c), Texas Probate Code, is amended
21-27    to read as follows:
 22-1          (c)  When the estate of a minor ward consists only of cash or
 22-2    cash equivalents in an amount of $50,000 [$25,000] or less, the
 22-3    guardianship of the estate may be terminated and the assets paid to
 22-4    the county clerk of the county in  which the guardianship
 22-5    proceeding is pending, and the clerk shall manage the funds as
 22-6    provided by Section 887 of this code.
 22-7          SECTION 14.  Subpart D, Part 4, Chapter XIII, Texas Probate
 22-8    Code, is amended by adding Sections 760A and 760B to read as
 22-9    follows:
22-10          Sec. 760A.  CHANGE OF RESIDENT AGENT.  (a)  A guardian may
22-11    change its resident agent to accept service of process in a
22-12    guardianship proceeding  or other matter relating to the
22-13    guardianship by filing a statement of the change entitled
22-14    "Designation of Successor Resident Agent" with the court in which
22-15    the guardianship proceeding is pending.  The statement must contain
22-16    the names and addresses of the:
22-17                (1)  guardian;
22-18                (2)  resident agent; and
22-19                (3)  successor resident agent.
22-20          (b)  The designation of a successor resident agent made in a
22-21    statement filed under this section takes effect on the date on
22-22    which the  statement is filed with the court.
22-23          Sec. 760B.  RESIGNATION OF RESIDENT AGENT.  (a)   A resident
22-24    agent of a guardian may resign as the resident agent by giving
22-25    notice to the guardian and filing with the court in which the
22-26    guardianship proceeding is pending a statement entitled
22-27    "Resignation of Resident Agent" that:
 23-1                (1)  contains the name of the guardian;
 23-2                (2)  contains the address of the guardian most recently
 23-3    known by the resident agent;
 23-4                (3)  states that notice of the resignation has been
 23-5    given to the guardian and that the guardian does not have a
 23-6    resident agent; and
 23-7                (4)  contains the date on which the notice of the
 23-8    resignation was given to the guardian.
 23-9          (b)  The resident agent shall send, by certified mail, return
23-10    receipt requested, a copy of a resignation statement filed under
23-11    Subsection (a)  of this section to:
23-12                (1)  the guardian at the address most recently known by
23-13    the agent; and
23-14                (2)  each party in the case or the party's attorney or
23-15    other designated representative of record.
23-16          (c)  The resignation of a resident agent takes effect on the
23-17    date on which the court enters an order accepting the agent's
23-18    resignation.  A court may not enter an order accepting the agent's
23-19    resignation unless the agent complies with the requirements of this
23-20    section.
23-21          SECTION 15.  Section 761, Texas Probate Code, is amended to
23-22    read as follows:
23-23          Sec. 761.  REMOVAL.  (a)  The court, on its own motion or on
23-24    motion of any interested person, including the ward, and without
23-25    notice, may remove any guardian, appointed under this chapter, who:
23-26                (1)  neglects to qualify in the manner and time
23-27    required by law;
 24-1                (2)  fails to return within 90 days after
 24-2    qualification, unless the time is extended by order of the court,
 24-3    an inventory of the property of the guardianship estate and list of
 24-4    claims that have come to the guardian's knowledge;
 24-5                (3)  having been required to give a new bond, fails to
 24-6    do so within the time prescribed;
 24-7                (4)  absents himself from the state for a period of
 24-8    three months at one time without permission of the court, or
 24-9    removes from the state;
24-10                (5)  cannot be served with notices or other processes
24-11    because of the fact that:
24-12                      (A)  the guardian's whereabouts are unknown;
24-13                      (B)  [, or because] the guardian is eluding
24-14    service; or
24-15                      (C)  the guardian is a nonresident of this state
24-16    who does not have a resident agent to accept service of process in
24-17    any guardianship proceeding or other matter relating to the
24-18    guardianship;
24-19                (6)  has misapplied, embezzled, or removed from the
24-20    state, or is about to misapply, embezzle, or remove from the state,
24-21    all or any part of the property committed to the guardian's care;
24-22    or
24-23                (7)  has cruelly treated a ward, or has neglected to
24-24    educate or maintain the ward as liberally as the means of the ward
24-25    and the condition of the ward's estate permit.
24-26          (b)  The court may remove a personal representative under
24-27    Subsection (a)(6) or (7) of this section only on the presentation
 25-1    of clear and convincing evidence given under oath.
 25-2          (c)  The court may remove a guardian on its own motion, or on
 25-3    the complaint of an interested person, after the guardian has been
 25-4    cited by personal service to answer at a time and place set in the
 25-5    notice, when:
 25-6                (1)  sufficient grounds appear to support belief that
 25-7    the guardian has misapplied, embezzled, or removed from the state,
 25-8    or that the guardian is about to misapply, embezzle, or remove from
 25-9    the state, all or any part of the property committed to the care of
25-10    the guardian;
25-11                (2)  the guardian fails to return any account or report
25-12    that is required by law to be made;
25-13                (3)  the guardian fails to obey any proper order of the
25-14    court having jurisdiction with respect to the performance of the
25-15    guardian's duties;
25-16                (4)  the guardian is proved to have been guilty of
25-17    gross misconduct or mismanagement in the performance of the duties
25-18    of the guardian;
25-19                (5)  the guardian becomes incapacitated, or is
25-20    sentenced to the penitentiary, or from any other cause becomes
25-21    incapable of properly performing the duties of the guardian's
25-22    trust;
25-23                (6)  as guardian of the person, the guardian cruelly
25-24    treats the ward, or neglects to educate or maintain the ward as
25-25    liberally as the means of the ward's estate and the ward's ability
25-26    or condition permit;
25-27                (7)  the guardian interferes with the ward's progress
 26-1    or participation in programs in the community; [or]
 26-2                (8)  the guardian fails to comply with the requirements
 26-3    of Section 697 of this code; or
 26-4                (9)  the court determines that, because of the
 26-5    dissolution of the joint guardians' marriage, the termination of
 26-6    the guardians' joint appointment and the continuation of only one
 26-7    of the joint guardians as the sole guardian is in the best interest
 26-8    of the ward.
 26-9          (d)  The order of removal shall state the cause of the
26-10    removal.  It must require that any letters issued to the person who
26-11    is removed shall, if the removed person has been personally served
26-12    with citation, be surrendered and that all those letters be
26-13    cancelled of record, whether or not delivered.  It must further
26-14    require, as to all the estate remaining in the hands of a removed
26-15    person, delivery of the estate to the person or persons entitled to
26-16    the estate, or to one who has been appointed and has qualified as
26-17    successor guardian, and as to the person of a ward, that control be
26-18    relinquished as required in the order.
26-19          (e)  If a joint guardian is removed under Subsection (c)(9)
26-20    of this section, the other joint guardian is entitled to continue
26-21    to serve as the sole guardian unless removed for a reason other
26-22    than the dissolution of the joint guardians' marriage.
26-23          (f)  If the necessity exists, the court may immediately
26-24    appoint a successor but may not discharge the person removed as
26-25    guardian of the estate or release the person or the sureties on the
26-26    person's bond until final order or judgment is rendered on the
26-27    final account of the guardian.
 27-1          (g) [(f)]  The court at any time may order a person removed
 27-2    as guardian under this section who has all or part of the estate of
 27-3    a ward to deliver all or part of the ward's estate to a person who
 27-4    has been appointed and has qualified as successor guardian.
 27-5          SECTION 16.  Subpart M, Part 4, Chapter XIII, Texas Probate
 27-6    Code, is amended by adding Section 865A to read as follows:
 27-7          Sec. 865A.  INSPECTION OF CERTAIN INSTRUMENT FOR ESTATE
 27-8    PLANNING PURPOSES. (a)  On the filing of an application under
 27-9    Section 865 of this code, the guardian of the ward's estate may
27-10    apply to the court for an order to seek an in camera inspection of
27-11    a true copy of a will, codicil, trust, or other estate planning
27-12    instrument of the ward as a means of obtaining access to the
27-13    instrument for purposes of establishing an estate plan under
27-14    Section 865 of this code.
27-15          (b)  An application filed under this section must:
27-16                (1)  be sworn to by the guardian;
27-17                (2)  list all of the instruments requested for
27-18    inspection; and
27-19                (3)  state one or more reasons supporting the necessity
27-20    to inspect each requested instrument for the purpose described by
27-21    Subsection (a) of this section.
27-22          (c)  A person who files an application under this section
27-23    shall send a copy of the application to:
27-24                (1)  each person who has custody of an instrument
27-25    listed in the application;
27-26                (2)  the ward's spouse;
27-27                (3)  the ward's dependents;
 28-1                (4)  all devisees under a will, trust, or other
 28-2    beneficial instrument relating to the ward's estate; and
 28-3                (5)  any other person as directed by the court.
 28-4          (d)  Notice required by Subsection (c) of this section must
 28-5    be delivered by certified mail to a person described by Subsection
 28-6    (c)(2), (3), (4), or (5) of this section and by registered or
 28-7    certified mail to a person described by Subsection (c)(1) of this
 28-8    section.   After the 10th day after the date on which the applicant
 28-9    complies with the notice requirement, the applicant may request
28-10    that a hearing be held on the application.  Notice of the date,
28-11    time, and place of the hearing must be given by the applicant to
28-12    each person described by Subsection (c)(1) of this section when the
28-13    court sets a date for a hearing on the application.
28-14          (e)  After the conclusion of a hearing on the application and
28-15    on a finding that there is good cause for an in camera inspection
28-16    of a requested instrument, the court shall direct the person that
28-17    has custody of the requested will, codicil, trust, or other estate
28-18    planning instrument to deliver a true copy of the instrument to the
28-19    court for in camera inspection only.  After conducting an in camera
28-20    review of the instrument, the court, if good cause exists, shall
28-21    release all or part of the instrument to the applicant only for the
28-22    purpose described by Subsection (a) of this section.
28-23          (f)  The court may appoint a guardian ad litem for the ward
28-24    or an interested party at any stage of the proceedings if it is
28-25    considered advisable for the protection of the ward or the
28-26    interested party.
28-27          (g)  An attorney does not violate the attorney-client
 29-1    privilege solely by complying with a court order to release an
 29-2    instrument subject to this section.  Notwithstanding Section
 29-3    22.004, Government Code, the supreme court may not amend or adopt
 29-4    rules in conflict with this subsection.
 29-5          SECTION 17. Section 875(c), Texas Probate Code, is amended to
 29-6    read as follows:
 29-7          (c)  A sworn, written application for the appointment of a
 29-8    temporary guardian may be filed before the court appoints a
 29-9    temporary guardian.  The application must be filed not later than
29-10    the end of the next business day of the court after the date of
29-11    appointment of the temporary guardian.  The application must state:
29-12                (1)  the name and address of the person who is the
29-13    subject of the guardianship proceeding;
29-14                (2)  the danger to the person or property alleged to be
29-15    imminent;
29-16                (3)  the type of appointment and the particular
29-17    protection and assistance being requested;
29-18                (4)  the facts and reasons supporting the allegations
29-19    and requests;
29-20                (5)  the name, address, and qualification of the
29-21    proposed temporary guardian;
29-22                (6)  the name, address, and interest of the applicant;
29-23    and
29-24                (7)  [the social security numbers of the applicant and
29-25    proposed ward; and]
29-26                [(8)] if applicable, that the proposed temporary
29-27    guardian is a private professional guardian who has complied with
 30-1    the requirements of Section 697 of this code.
 30-2          SECTION 18.  Section 883, Texas Probate Code, is amended to
 30-3    read as follows:
 30-4          Sec. 883.  INCAPACITATED SPOUSE.  (a)  Except as provided by
 30-5    Subsection (c) of this section, when [When] a husband or wife is
 30-6    judicially declared to be incapacitated:
 30-7                (1)  [,] the other spouse, in the capacity of surviving
 30-8    partner of the marital partnership, acquires full power to manage,
 30-9    control, and dispose of the entire community estate as community
30-10    administrator, including the part of the community estate that the
30-11    incapacitated spouse legally has the power to manage in the absence
30-12    of the incapacity, without an administration; and
30-13                (2)  if the incapacitated spouse owns separate
30-14    property, the court shall appoint the other spouse or another
30-15    person or entity, in the order of precedence established under
30-16    Section 677 of this code, as guardian of the estate to administer
30-17    only the separate property of the incapacitated spouse.
30-18          (b)  The spouse who is not incapacitated is presumed to be
30-19    suitable and qualified to serve as community administrator.  [If
30-20    the court finds that it is in the best interest of the
30-21    incapacitated spouse and that the other spouse would not be
30-22    disqualified to serve as guardian under Section 681 of this code,
30-23    guardianship of the estate of the incapacitated spouse may not be
30-24    necessary when the other spouse is not incapacitated unless the
30-25    incapacitated spouse owns separate property, and the guardianship
30-26    will be of the separate property only.]  The qualification of a
30-27    guardian of the estate of the separate property of an incapacitated
 31-1    spouse as required under Subsection (a) of this section does not
 31-2    deprive the competent spouse of the right to manage, control, and
 31-3    dispose of the entire community estate as provided in this chapter.
 31-4          (c)  If a spouse who is not incapacitated is removed as
 31-5    community administrator or if the court finds that the spouse who
 31-6    is not incapacitated would be disqualified to serve as guardian
 31-7    under Section 681 of this code or is not suitable to serve as
 31-8    community administrator for any other reason, the court:
 31-9                (1)  shall appoint a guardian of the estate for the
31-10    incapacitated spouse if the court:
31-11                      (A)  has not appointed a guardian of the estate
31-12    under Subsection (a)(2) of this section; or
31-13                      (B)  has appointed the spouse who is not
31-14    incapacitated as guardian of the estate under Subsection (a)(2) of
31-15    this section;
31-16                (2)  after taking into consideration the financial
31-17    circumstances of the spouses and any other relevant factors, may
31-18    order the spouse who is not incapacitated to deliver to the
31-19    guardian of the estate of the incapacitated spouse a portion,  not
31-20    to exceed one-half,  of the community property that is subject to
31-21    the spouses' joint management, control, and disposition under
31-22    Section 3.102, Family Code; and
31-23                (3)  shall authorize the guardian of the estate of the
31-24    incapacitated spouse to administer:
31-25                      (A)  any separate property of the incapacitated
31-26    spouse;
31-27                      (B)  any community property that is subject to
 32-1    the incapacitated spouse's sole management, control, and
 32-2    disposition under Section 3.102, Family Code;
 32-3                      (C)  any community property delivered to the
 32-4    guardian of the estate under Subdivision (2) of this subsection;
 32-5    and
 32-6                      (D)  any income earned on property described in
 32-7    this subsection.
 32-8          (d)  On a person's removal as community administrator or on
 32-9    qualification of a guardian of the estate of the person's
32-10    incapacitated spouse under Subsection (c) of this section, as
32-11    appropriate, a spouse who is not incapacitated shall continue to
32-12    administer:
32-13                (1)  the person's own separate property;
32-14                (2)  any community property that is subject to the
32-15    person's sole management, control, and disposition under Section
32-16    3.102, Family Code;
32-17                (3)  any community property subject to the spouses'
32-18    joint management, control, and disposition under Section 3.102,
32-19    Family Code, unless the person is required to deliver a portion of
32-20    that community property to the guardian of the estate of the
32-21    person's incapacitated spouse under Subsection (c)(2) of this
32-22    section, in which event, the person shall continue to administer
32-23    only the portion of the community property remaining after
32-24    delivery; and
32-25                (4)  any income earned on property described in this
32-26    subsection the person is authorized to administer.
32-27          (e)  The duties and obligations between spouses, including
 33-1    the duty to support the other spouse, and the rights of any
 33-2    creditor of either spouse are not affected by the manner in which
 33-3    community property is administered under this section.
 33-4          SECTION 19.  Section 883A, Texas Probate Code, is amended to
 33-5    read as follows:
 33-6          Sec. 883A.  RECOVERY OF CAPACITY. The special powers of
 33-7    management, control, and disposition vested in the community
 33-8    administrator [same  spouse] by this chapter [code] shall terminate
 33-9    when the decree of a court of competent jurisdiction finds that the
33-10    mental capacity of the incapacitated [other] spouse has been
33-11    recovered.
33-12          SECTION 20.  Subpart C, Part 5, Chapter XIII, Texas Probate
33-13    Code, is amended by adding Sections 883B, 883C, and 883D to read as
33-14    follows:
33-15          Sec. 883B.  ACCOUNTING, INVENTORY, AND APPRAISEMENT BY
33-16    COMMUNITY ADMINISTRATOR. (a)  On its own motion or on the motion of
33-17    an interested person for good cause shown, the court may order a
33-18    community administrator to file a verified, full, and detailed
33-19    inventory and appraisement of:
33-20                (1)  any community property that is subject to the
33-21    incapacitated spouse's sole management, control, and disposition
33-22    under Section 3.102, Family Code;
33-23                (2)  any community property subject to the spouses'
33-24    joint management, control, and disposition under Section 3.102,
33-25    Family Code; and
33-26                (3)  any income earned on property described in this
33-27    subsection.
 34-1          (b)  At any time after the expiration of 15 months after the
 34-2    date that a community administrator's spouse is judicially declared
 34-3    to be incapacitated, the court, on its own motion or on the motion
 34-4    of an interested person for good cause shown, may order the
 34-5    community administrator to prepare and file an accounting of:
 34-6                (1)  any community property that is subject to the
 34-7    incapacitated spouse's sole management, control, and disposition
 34-8    under Section 3.102, Family Code;
 34-9                (2)  any community property subject to the spouses'
34-10    joint management, control, and disposition under Section 3.102,
34-11    Family Code; and
34-12                (3)  any income earned on property described in this
34-13    subsection.
34-14          (c)  An inventory and appraisement ordered under Subsection
34-15    (a) of this section must:
34-16                (1)  be prepared in the same form and manner that is
34-17    required of a guardian under Section 729 of this code; and
34-18                (2)  be filed not later than the 90th day after the
34-19    date on which the order is issued.
34-20          (d)  An accounting ordered under Subsection (b) of this
34-21    section must:
34-22                (1)  be prepared in the same form and manner that is
34-23    required of a guardian under Section 741 of this code, except that
34-24    the requirement that an accounting be filed annually with the
34-25    county clerk does not apply; and
34-26                (2)  be filed  not later than the 60th day after the
34-27    date on which the order is issued.
 35-1          (e)  After an initial accounting has been filed by a
 35-2    community administrator under this section, the court, on the
 35-3    motion of an interested person for good cause shown,  may order the
 35-4    community administrator to file subsequent periodic accountings at
 35-5    intervals of not less than 12 months.
 35-6          Sec. 883C.  REMOVAL OF COMMUNITY ADMINISTRATOR. (a)  A court,
 35-7    on its own motion or on the motion of an interested person and
 35-8    after the community administrator has been cited by personal
 35-9    service to answer at a time and place specified in the notice, may
35-10    remove a community administrator if:
35-11                (1)  the community administrator fails to comply with a
35-12    court order for an inventory and appraisement, accounting, or
35-13    subsequent accounting under Section 883B of this code;
35-14                (2)  sufficient grounds appear to support belief that
35-15    the community administrator has misapplied or embezzled, or that
35-16    the community administrator is about to misapply or embezzle, all
35-17    or any part of the property committed to the care of the community
35-18    administrator;
35-19                (3)  the community administrator is proved to have been
35-20    guilty of gross misconduct or gross mismanagement in the
35-21    performance of duties as community administrator; or
35-22                (4)  the community administrator becomes an
35-23    incapacitated person, is sentenced to the penitentiary, or for any
35-24    other reason becomes legally incapacitated from properly performing
35-25    the community administrator's fiduciary duties.
35-26          (b)  The order of removal must state the cause of removal and
35-27    shall direct by order the disposition of the assets remaining in
 36-1    the name or under the control of the removed community
 36-2    administrator.
 36-3          (c)  A community administrator who defends an action for the
 36-4    removal of the community administrator in good faith, regardless of
 36-5    whether successful, is entitled to recover from the incapacitated
 36-6    spouse's part of the community estate the community administrator's
 36-7    necessary expenses and disbursements in the removal proceedings,
 36-8    including reasonable attorney's fees.
 36-9          Sec. 883D.  APPOINTMENT OF ATTORNEY AD LITEM FOR
36-10    INCAPACITATED SPOUSE. (a)  The court shall appoint an attorney ad
36-11    litem to represent the interests of an incapacitated spouse in a
36-12    proceeding to remove a community administrator or other proceeding
36-13    brought under this subpart.
36-14          (b)  The attorney ad litem may demand from the community
36-15    administrator an accounting or inventory and appraisement of the
36-16    incapacitated spouse's part of the community estate being managed
36-17    by the community administrator.
36-18          (c)  A community administrator shall comply with a demand
36-19    made under this section not later than the 60th day after the date
36-20    on which the community administrator receives the demand.
36-21          (d)  An accounting or inventory and appraisement returned
36-22    under this section must be prepared in the form and manner required
36-23    by the attorney ad litem, and the attorney ad litem may require the
36-24    community administrator to file the  accounting and inventory and
36-25    appraisement with the court.
36-26          SECTION 21.  Section 884, Texas Probate Code, is amended to
36-27    read as follows:
 37-1          Sec. 884.  DELIVERY TO SPOUSE. A guardian of the estate of an
 37-2    incapacitated married person who, as guardian, is administering
 37-3    community property as part of the estate of the ward, shall deliver
 37-4    on demand the community property to the spouse who is not
 37-5    incapacitated if the spouse becomes community administrator under
 37-6    Section 883 of this code.
 37-7          SECTION 22.  Subpart C, Part 5, Chapter XIII, Texas Probate
 37-8    Code, is amended  by adding Section 884A to read as follows:
 37-9          Sec. 884A.  LAWSUIT INFORMATION. A person whose spouse is
37-10    judicially declared to be incapacitated and who acquires the power
37-11    to manage, control, and dispose of the entire community estate
37-12    under Section 883 of this code shall inform the court in writing of
37-13    any suit filed by or on behalf of the person that:
37-14                (1)  is a suit for dissolution of the marriage of the
37-15    person and the person's incapacitated spouse; or
37-16                (2)  names the incapacitated spouse as a defendant.
37-17          SECTION 23. Section 3.301, Family Code, is amended to read as
37-18    follows:
37-19          Sec. 3.301.  [INCAPACITATED,] MISSING, ABANDONED, OR
37-20    SEPARATED SPOUSE. (a)  A spouse may file a sworn petition stating
37-21    the facts that make it desirable for the petitioning spouse to
37-22    manage, control, and dispose of community property described or
37-23    defined in the petition that would otherwise be subject to the sole
37-24    or joint management, control, and disposition of the other spouse
37-25    if:
37-26                (1)  [because of physical or mental incapacity, the
37-27    other spouse is unable to manage, control, or dispose of the
 38-1    community property subject to that spouse's sole or joint
 38-2    management, control, and disposition;]
 38-3                [(2)]  the other spouse has disappeared and that
 38-4    spouse's location remains unknown to the petitioning spouse, unless
 38-5    the spouse is reported to be a prisoner of war or missing on public
 38-6    service;
 38-7                (2) [(3)]  the other spouse has permanently abandoned
 38-8    the petitioning spouse; or
 38-9                (3) [(4)]  the spouses are permanently separated.
38-10          (b)  The petition may be filed in a court in the county in
38-11    which the petitioner resided at the time the [incapacity or]
38-12    separation began, or the abandonment or disappearance occurred, not
38-13    earlier than the 60th day after the date of the occurrence of the
38-14    event.  If both spouses are nonresidents of this state at the time
38-15    the petition is filed, the petition may be filed in a court in a
38-16    county in which any part of the described or defined community
38-17    property is located.
38-18          SECTION 24. Section 3.307(b), Family Code, is amended to read
38-19    as follows:
38-20          (b)  On the motion of either spouse, the court shall amend or
38-21    vacate the original order after notice and hearing if:
38-22                (1)  [the incapacitated spouse's capacity is restored;]
38-23                [(2)]  the spouse who disappeared reappears;
38-24                (2) [(3)]  the abandonment or permanent separation
38-25    ends; or
38-26                (3) [(4)]  the spouse who was reported to be a prisoner
38-27    of war or missing on public service returns.
 39-1          SECTION 25. Section 5.002, Family Code, is amended to read as
 39-2    follows:
 39-3          Sec. 5.002.  SALE OF SEPARATE HOMESTEAD AFTER [FOR
 39-4    INCAPACITATED] SPOUSE JUDICIALLY DECLARED INCAPACITATED. If the
 39-5    homestead is the separate property of a spouse and the other spouse
 39-6    has been judicially declared incapacitated by a court exercising
 39-7    original jurisdiction over guardianship and other matters under
 39-8    Chapter XIII, Texas Probate Code, the owner may sell, convey, or
 39-9    encumber the homestead without the joinder of the other spouse.
39-10          SECTION 26. Section 5.101, Family Code, is amended to read as
39-11    follows:
39-12          Sec. 5.101.  SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL
39-13    CIRCUMSTANCES. If the homestead is the separate property of a
39-14    spouse, that spouse may file a sworn petition that gives a
39-15    description of the property, states the facts that make it
39-16    desirable for the spouse to sell, convey, or encumber the homestead
39-17    without the joinder of the other spouse, and alleges that the other
39-18    spouse:
39-19                (1)  [is incapacitated, whether judicially declared
39-20    incapacitated or not;]
39-21                [(2)]  has disappeared and that the location of the
39-22    spouse remains unknown to the petitioning spouse;
39-23                (2) [(3)]  has permanently abandoned the homestead and
39-24    the petitioning spouse;
39-25                (3) [(4)]  has permanently abandoned the homestead and
39-26    the spouses are permanently separated; or
39-27                (4) [(5)]  has been reported by an executive department
 40-1    of the United States to be a prisoner of war or missing on public
 40-2    service of the United States.
 40-3          SECTION 27. Section 5.102, Family Code, is amended to read as
 40-4    follows:
 40-5          Sec. 5.102.  SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL
 40-6    CIRCUMSTANCES. If the homestead is the community property of the
 40-7    spouses, one spouse may file a sworn petition that gives a
 40-8    description of the property, states the facts that make it
 40-9    desirable for the petitioning spouse to sell, convey, or encumber
40-10    the homestead without the joinder of the other spouse, and alleges
40-11    that the other spouse:
40-12                (1)  [is incapacitated, whether judicially declared
40-13    incapacitated or not;]
40-14                [(2)]  has disappeared and that the location of the
40-15    spouse remains unknown to the petitioning spouse;
40-16                (2) [(3)]  has permanently abandoned the homestead and
40-17    the petitioning spouse;
40-18                (3) [(4)]  has permanently abandoned the homestead and
40-19    the spouses are permanently separated; or
40-20                (4) [(5)]  has been reported by an executive department
40-21    of the United States to be a prisoner of war or missing on public
40-22    service of the United States.
40-23          SECTION 28. Section 5.103, Family Code, is amended to read as
40-24    follows:
40-25          Sec. 5.103.  TIME FOR FILING PETITION. The petitioning spouse
40-26    may file the petition in a court of the county in which any portion
40-27    of the property is located not earlier than the 60th day after the
 41-1    date of the occurrence of an event described by Sections
 41-2    5.101(1)-(3) [5.101(1)-(4)] and 5.102(1)-(3) [5.102(1)-(4)] or not
 41-3    less than six months after the date the other spouse has been
 41-4    reported to be a prisoner of war or missing on public service.
 41-5          SECTION 29. Section 5.107, Family Code, is redesignated as
 41-6    Section 5.003, Family Code, and amended to read as follows:
 41-7          Sec. 5.003 [5.107].  SALE OF COMMUNITY HOMESTEAD AFTER [FOR]
 41-8    SPOUSE JUDICIALLY DECLARED INCAPACITATED. If the homestead is the
 41-9    community property of the spouses and one spouse has been
41-10    judicially declared incapacitated by a court exercising original
41-11    jurisdiction over guardianship and other matters under Chapter
41-12    XIII, Texas Probate Code, the competent spouse may sell, convey, or
41-13    encumber the homestead without the joinder of the other spouse.
41-14          SECTION 30. The change in law made by this Act to Sections
41-15    3.301, 3.307(b), 5.101, 5.102, and 5.103, Family Code, applies only
41-16    to a proceeding in which an original petition is filed on or after
41-17    the effective date of this Act.  A proceeding in which the original
41-18    petition was filed before the effective date of this Act is
41-19    governed by the law in effect on the date the petition was filed,
41-20    and the former law is continued in effect for that purpose.
41-21          SECTION 31. The changes in law made by this Act to Section
41-22    485, Texas Probate Code, apply only to a durable power of attorney
41-23    or statutory durable power of attorney executed by a principal for
41-24    whom an application for the appointment of a permanent guardian or
41-25    temporary guardian is filed on or after the effective date of this
41-26    Act.  A durable power of attorney or statutory durable power of
41-27    attorney executed by a principal for whom an application for the
 42-1    appointment of a permanent guardian or temporary guardian is filed
 42-2    before the effective date of this Act is governed by the law in
 42-3    effect on the date the application for the appointment of a
 42-4    permanent or temporary guardian was filed, and the former law is
 42-5    continued in effect for that purpose.
 42-6          SECTION 32. The changes in law made by this Act to Sections
 42-7    676 and 677, Texas Probate Code, apply only to a will or written
 42-8    declaration for the appointment of a guardian that is executed on
 42-9    or after the effective date of this Act.  A will or written
42-10    declaration for the appointment of a guardian that is executed
42-11    before the effective date of this Act is governed by the law in
42-12    effect on the date the will or declaration was executed, and the
42-13    former law is continued in effect for that purpose.
42-14          SECTION 33. The changes in law made by this Act to Sections
42-15    677A and 679, Texas Probate Code, and Sections 677B and 679A, Texas
42-16    Probate Code, as added by this Act, apply only to a written
42-17    declaration for the appointment of a guardian that is executed on
42-18    or after the effective date of this Act.  A written declaration for
42-19    the appointment of a guardian that is executed before the effective
42-20    date of this Act is governed by the law in effect on the date the
42-21    declaration was executed, and the former law is continued in effect
42-22    for that purpose.
42-23          SECTION 34. The changes in law made by this Act to Sections
42-24    682A(a) and 701, Texas Probate Code, apply only to an application
42-25    for the appointment of a guardian filed on or after the effective
42-26    date of this Act.  An application for the appointment of a guardian
42-27    filed before the effective date of this Act is governed by the law
 43-1    in effect on the date the application was filed, and the former law
 43-2    is continued in effect for that purpose.
 43-3          SECTION 35.  Sections 760A and 760B, Texas Probate Code, as
 43-4    added by this Act, apply only to a change in designation of or a
 43-5    resignation of a resident agent made on or after the effective date
 43-6    of this Act.  A change in designation of or the resignation of a
 43-7    resident agent made before the effective date of this Act is
 43-8    governed by the law in effect when the change in designation of or
 43-9    the resignation of the resident agent occurred, and the former law
43-10    is continued in effect for that purpose.
43-11          SECTION 36.  The changes in law made by this Act to Section
43-12    761, Texas Probate Code, apply only to a motion or complaint for
43-13    the removal of a guardian made or filed on or after the effective
43-14    date of this Act.  A motion or complaint for the removal of a
43-15    guardian made or filed before the effective date of this Act is
43-16    governed by the law in effect on the date the motion or complaint
43-17    was made or filed, and the former law is continued in effect for
43-18    that purpose.
43-19          SECTION 37.  The changes in law made by Sections 2, 12, 18,
43-20    19, and 21 of this Act and Sections 883B, 883C, and 883D, Texas
43-21    Probate Code, as added by this Act, apply only to the estate of a
43-22    person for which a motion to judicially declare the person
43-23    incapacitated is filed on or after the effective date of this Act.
43-24    The estate of a person for which a motion to judicially declare the
43-25    person incapacitated is filed before the effective date of this Act
43-26    is governed by the law in effect when the motion was filed, and the
43-27    former law is continued in effect for that purpose.
 44-1          SECTION 38. The change in law made by this Act to Section
 44-2    745(c), Texas Probate Code, applies only to an application to close
 44-3    a guardianship that is filed on or after the effective date of this
 44-4    Act.  An application to close a guardianship that is filed before
 44-5    the effective date of this Act is governed by the law in  effect on
 44-6    the date the application was filed, and the former law is continued
 44-7    in effect for that purpose.
 44-8          SECTION 39. The change in law made by this Act to Section
 44-9    875(c), Texas Probate Code, applies only to an application for the
44-10    appointment of a temporary guardian that is filed on or after the
44-11    effective date of this Act.   An application for the appointment of
44-12    a temporary guardian that is filed before the effective date of
44-13    this Act is governed by the law in  effect on the date the
44-14    application was filed, and the former law is continued in effect
44-15    for that purpose.
44-16          SECTION 40. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1132 was passed by the House on March
         22, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1132 on May 9, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1132 was passed by the Senate, with
         amendments, on May 3, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor