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A BILL TO BE ENTITLED
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AN ACT
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relating to determining the need for guardianship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.101, Human Resource Code, is amended |
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by adding Section 161.101(d) renumbering subsequent subsections |
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accordingly and is additionally amended to read as follows: |
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Sec. 161.101. GUARDIANSHIP SERVICES. |
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(b) The department shall conduct a thorough assessment of |
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the conditions and circumstances of an elderly or disabled person |
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referred to the department under Section 48.209(a)(2) for |
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guardianship services to determine whether a guardianship is |
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appropriate for the individual. In conducting the assessment of |
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the conditions and circumstances, the department must use the |
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current physician's certificate provided by Adult Protective |
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Services that complies with Section 687(a) of the Texas Probate |
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Code. The department may consider the investigation and findings |
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of Adult Protective Services concerning the elderly or disabled |
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person to determine whether a guardianship is appropriate. In |
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addition to the conditions and circumstances of the elderly or |
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disabled person, [In determining whether a guardianship is
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appropriate,] the department may consider the person's resources |
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and funds available [to meet the needs of the disabled or elderly
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person ] and resources and funds that the elderly or disabled person |
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may qualify for to determine whether a guardianship is appropriate. |
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The executive commissioner shall adopt rules for the administration |
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of this subsection. |
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(c) If after conducting an assessment of an elderly or |
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disabled person under Subsection (b) the department determines that |
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a guardianship is appropriate for the elderly or disabled person, |
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the department shall file an application under Section 682 or 875, |
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Texas Probate Code, to be appointed guardian of the person or |
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estate, or both, of the individual using the current physician's |
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certificate provided by Adult Protective Services. If after |
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conducting the assessment the department determines that a less |
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restrictive alternative to guardianship is available for the |
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elderly or disabled person, the department shall pursue the less |
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restrictive alternative instead of applying for appointment as the |
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person's guardian. |
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(d) Within 30 days of receiving a referral to the department |
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under Section 48.209(a) for guardianship services, the department |
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shall determine if a guardianship is appropriate or if there are |
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appropriate less restrictive alternatives. If guardianship is |
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appropriate, the department must file an application for |
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guardianship under Sections 682 or 875 of the Texas Probate Code |
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within that 30 day period. |
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SECTION 2. Section 48.209, Human Resource Code, is amended |
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by adding Section 48.209(b) and renumber subsequent subsections |
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accordingly: |
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(b) When the department refers an individual to the |
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Department of Aging and Disability Services for guardianship |
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services under Subchapter E, Chapter 161, the department shall |
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provide a current physician's certificate that complies with |
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Section 687(a) of the Texas Probate Code. The physician's |
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certificate must not expire within 31 days of the referral to the |
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Department of Aging and Disability Services. |
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SECTION 3. This Act takes effect September 1, 2009. |