| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the requirements relating to the appointment of a |
|
|
guardian of the person or of the estate of certain incapacitated |
|
|
persons. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 646, Texas Probate Code, is amended by |
|
|
amending Subsections (a) and (d) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsection (a-1) 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. |
|
|
(a-1) The court is not required to appoint an attorney ad |
|
|
litem to represent the interests of a proposed ward who is a minor |
|
|
in a guardianship proceeding instituted under Section 682A of this |
|
|
code by the proposed ward's natural guardian, as described by |
|
|
Section 676 of this code. |
|
|
(d) At the time of the appointment of the attorney ad litem, |
|
|
if an attorney ad litem is appointed, the court shall also appoint a |
|
|
language interpreter or a sign interpreter if necessary to ensure |
|
|
effective communication between the proposed ward and the attorney. |
|
|
SECTION 2. Section 682A(a), Texas Probate Code, is amended |
|
|
to read as follows: |
|
|
(a) If a minor is a person who, because of incapacity, will |
|
|
require a guardianship after the ward is no longer a minor, a person |
|
|
may file an application under Section 682 of this code for the |
|
|
appointment of a guardian of the person or the estate, or both, of |
|
|
the proposed ward not earlier than the 180th day before the proposed |
|
|
ward's 18th birthday. A person, including a natural guardian of the |
|
|
minor described by Section 676 of this code, who files the |
|
|
application under this section is not required to be represented by |
|
|
counsel in filing that application or in the guardianship |
|
|
proceeding. If the application is heard before the proposed ward's |
|
|
18th birthday, a guardianship created under this section may not |
|
|
take effect and the person appointed guardian may not [give a bond
|
|
|
or] take the oath as required under Section 700 of this code, or |
|
|
give a bond as required under Section 702 of this code, if a bond is |
|
|
required, until the proposed ward's 18th birthday. |
|
|
SECTION 3. Section 702(b), Texas Probate Code, is amended |
|
|
to read as follows: |
|
|
(b) A bond is not required to be given by a guardian that is: |
|
|
(1) a corporate fiduciary, as defined by Section 601 |
|
|
of this code; [or] |
|
|
(2) a guardianship program operated by a county; or |
|
|
(3) appointed in a guardianship proceeding instituted |
|
|
under Section 682A of this code and who, before the ward's 18th |
|
|
birthday, was the ward's natural guardian as described by Section |
|
|
676 of this code. |
|
|
SECTION 4. The changes in law made by this Act apply to a |
|
|
guardianship proceeding that is pending or commenced on or after |
|
|
the effective date of this Act. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |