| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the appointment of a successor guardian for certain |
|
|
wards adjudicated as totally incapacitated. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 161.101, Human Resources Code, is |
|
|
amended by amending Subsection (d) and adding Subsection (f) to |
|
|
read as follows: |
|
|
(d) The department may not be required by a court to file an |
|
|
application for guardianship, and except as provided by Subsection |
|
|
(f) and Section 695(c), Texas Probate Code, the department may not |
|
|
be appointed as permanent guardian for any individual unless the |
|
|
department files an application to serve or otherwise agrees to |
|
|
serve as the individual's guardian of the person or estate, or both. |
|
|
(f) On appointment by a probate court under Section 695(c), |
|
|
Texas Probate Code, the department shall serve as the successor |
|
|
guardian of the person or estate, or both, of a ward described by |
|
|
that section. |
|
|
SECTION 2. Section 695, Texas Probate Code, is amended by |
|
|
adding Subsections (c), (d), and (e) to read as follows: |
|
|
(c) The court may appoint the Department of Aging and |
|
|
Disability Services as a successor guardian of the person or |
|
|
estate, or both, of a ward who has been adjudicated as totally |
|
|
incapacitated if: |
|
|
(1) there is no less restrictive alternative to |
|
|
continuation of the guardianship; |
|
|
(2) there is no family member or other suitable |
|
|
person, including a guardianship program, willing and able to serve |
|
|
as the ward's successor guardian; |
|
|
(3) the ward is located more than 100 miles from the |
|
|
court that created the guardianship; |
|
|
(4) the ward has private assets or access to |
|
|
government benefits to pay for the needs of the ward; |
|
|
(5) the department is served with citation and a |
|
|
hearing is held regarding the department's appointment as proposed |
|
|
successor guardian; and |
|
|
(6) the appointment of the department does not violate |
|
|
a limitation imposed by Subsection (d) of this section. |
|
|
(d) The number of appointments under Subsection (c) of this |
|
|
section is subject to an annual limit of 55. The appointments must |
|
|
be distributed equally or as near as equally as possible among the |
|
|
health and human services regions of this state. The Department of |
|
|
Aging and Disability Services at its discretion may establish a |
|
|
different distribution scheme to promote the efficient use and |
|
|
administration of resources. |
|
|
(e) If the Department of Aging and Disability Services is |
|
|
named as a proposed successor guardian in an application in which |
|
|
the department is not the applicant, citation must be issued and |
|
|
served on the department as provided by Section 633(c)(5) of this |
|
|
code. |
|
|
SECTION 3. 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, 2009. |