78R7046 KLA-D

By:  Casteel                                                      H.B. No. 2387



A BILL TO BE ENTITLED

AN ACT

relating to the appointment of an attorney to represent the 
interests of a proposed ward in certain guardianship proceedings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 646, Texas Probate Code, is amended by 
amending Subsection (a) and adding Subsections (e), (f), and (g) to 
read as follows:
	(a)  Except as provided by Subsection (e) of this section, in
[In] a proceeding under this chapter for the appointment of a 
guardian, the court shall appoint an attorney ad litem to represent 
the interests of the proposed ward.  The attorney shall be supplied 
with copies of all of the current records in the case and may have 
access to all of the proposed ward's relevant medical, 
psychological, and intellectual testing records.
	(e)  In lieu of appointing an attorney ad litem under 
Subsection (a) of this section, the court may appoint an attorney 
retained by a proposed ward to represent the interests of the 
proposed ward at the proceeding.  To be eligible for appointment 
under this subsection, an attorney must have the certification 
required by Section 647A of this code.
	(f)  If, after the court appoints an attorney ad litem under 
Subsection (a) of this section, the proposed ward retains an 
attorney who is eligible for appointment under Subsection (e) of 
this section, the court may discharge the attorney ad litem and 
appoint the attorney retained by the proposed ward to represent the 
proposed ward's interests in the guardianship proceeding.
	(g)  An attorney appointed under Subsection (e) or (f) of 
this section is entitled to receive the same information otherwise 
provided to an attorney ad litem under Subsection (a) of this 
section and has the duties imposed on and powers granted to an 
attorney ad litem under this code.
	SECTION 2.  Section 665A, Texas Probate Code, is amended to 
read as follows: 
	Sec. 665A.  PAYMENT FOR PROFESSIONAL SERVICES.  (a)  Except 
as provided by Subsection (b) of this section, the [The] court shall 
order the payment of a fee set by the court as compensation to the 
attorneys, mental health professionals, and interpreters appointed 
under Section 646 or 687 of this code, as applicable, to be taxed as 
costs in the case.  If after examining the proposed ward's assets 
the court determines the proposed ward is unable to pay for services 
provided by an attorney, a mental health professional, or an 
interpreter appointed under Section 646 or 687 of this code, as 
applicable, the county is responsible for the cost of those 
services.
	(b)  A proposed ward who retains an attorney who is 
subsequently appointed by the court under Section 646(e) or (f) of 
this code shall pay for the attorney's services out of the proposed 
ward's estate.
	SECTION 3.  The changes in law made by this Act to Section 
646, Texas Probate Code, apply only to an application for the 
appointment of a guardian filed on or after the effective date of 
this Act.  An application filed before the effective date of this 
Act is governed by the law in effect on the date the application was 
filed, and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.