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A BILL TO BE ENTITLED
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AN ACT
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relating to guardianship matters and proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subpart A, Part 1, Chapter XIII, Texas Probate |
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Code, is amended by adding Section 602A to read as follows: |
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Sec. 602A. POLICY; BEST INTEREST OF THE WARD. (a) The best |
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interest of the ward shall always be the primary consideration of |
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the court and the guardian of the person or estate, or both, of the |
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ward. |
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(b) Any attorney or other professional hired by the ward or |
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guardian owes all duties required by that person's employment to |
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the ward. |
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SECTION 2. Sections 665(a), (b), (c), and (f), Texas |
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Probate Code, are amended to read as follows: |
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(a) The court may authorize compensation for a guardian or a |
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temporary guardian serving as a guardian of the person alone from |
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available funds of the ward's estate or other funds available for |
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that purpose. The court shall set the total compensation in an |
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amount not exceeding five percent of the ward's gross income. In |
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determining whether to authorize compensation for a guardian under |
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this section, the court shall consider the ward's monthly income |
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from all sources and whether the ward receives medical assistance |
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under the state Medicaid program. |
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(b) The guardian or temporary guardian of an estate is |
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entitled to reasonable compensation on application to the court at |
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the time the court approves any annual accounting or final |
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accounting filed by the guardian or temporary guardian under this |
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chapter. A total fee of five percent of the gross income of the |
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ward's estate and five percent of all money paid out of the estate |
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is considered reasonable under this subsection if the court finds |
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that the guardian or temporary guardian has taken care of and |
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managed the estate in compliance with the standards of this |
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chapter. |
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(c) On application of an interested person or on its own |
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motion, the court may review and modify the amount of compensation |
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authorized under Subsection (b) of this section [if the court finds
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that the amount is unreasonably low when considering the services
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rendered as guardian or temporary guardian]. |
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(f) The [Except as provided by Subsection (c) of this
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section for a fee that is determined by the court to be unreasonably
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low, the] aggregate fee of the guardian of the person and guardian |
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of the estate may not exceed an amount equal to five percent of the |
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gross income of the ward's estate plus five percent of all money |
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paid out of the estate. |
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SECTION 3. Section 666, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 666. EXPENSES ALLOWED. A guardian is entitled to be |
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reimbursed from the guardianship estate for all necessary and |
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reasonable expenses incurred in performing any duty as a guardian, |
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including reimbursement for the payment of reasonable attorney's |
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fees necessarily incurred by the guardian in connection with the |
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management of the estate or any other guardianship matter. A |
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guardian is prohibited from serving in any other capacity other |
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than as guardian in a guardianship proceeding. A guardian who is an |
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attorney or the guardian's law firm or partner may not be hired to |
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represent the ward, guardian, or guardianship in a legal or other |
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capacity with respect to a matter relating to the guardianship. |
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SECTION 4. Section 677(a), Texas Probate Code, is amended |
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to read as follows: |
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(a) The court shall appoint a guardian for a person other |
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than a minor according to the circumstances and considering the |
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best interests of the ward. If the court finds that two or more |
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eligible persons are equally entitled to be appointed guardian, the |
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guardian shall be chosen in the following order of preference: |
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(1) the ward's spouse is entitled to the guardianship |
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in preference to any other person if the spouse is one of the |
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eligible persons; |
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(2) the eligible person nearest of kin to the ward is |
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entitled to the guardianship if the ward's spouse is not one of the |
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eligible persons; or |
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(3) a private professional guardian [the court shall
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appoint the eligible person who is best qualified to serve as
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guardian if:
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[(A) the persons entitled to serve under
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Subdivisions (1) and (2) of this section refuse to serve;
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[(B) two or more persons entitled to serve under
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Subdivision (2) of this section are related in the same degree of
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kinship to the ward; or
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[(C) neither the ward's spouse or any person
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related to the ward is an eligible person]. |
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SECTION 5. Section 665(d), Texas Probate Code, is repealed. |
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SECTION 6. This Act takes effect September 1, 2007. |