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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment or removal of guardians of |
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incapacitated persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 681, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 681. PERSONS DISQUALIFIED TO SERVE AS GUARDIANS. A |
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person may not be appointed guardian if the person is: |
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(1) a minor; |
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(2) a person whose conduct is notoriously bad; |
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(3) an incapacitated person; |
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(4) a person who is a party or whose parent is a party |
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to a lawsuit concerning or affecting the welfare of the proposed |
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ward, unless the court: |
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(A) determines that the lawsuit claim of the |
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person who has applied to be appointed guardian is not in conflict |
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with the lawsuit claim of the proposed ward; or |
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(B) appoints a guardian ad litem to represent the |
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interests of the proposed ward throughout the litigation of the |
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ward's lawsuit claim; |
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(5) a person indebted to the proposed ward unless the |
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person pays the debt before appointment; |
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(6) a person asserting a claim adverse to the proposed |
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ward or the proposed ward's property, real or personal; |
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(7) a person who, because of inexperience, lack of |
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education, or other good reason, is incapable of properly and |
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prudently managing and controlling the ward or the ward's estate; |
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(8) a person, institution, or corporation found |
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unsuitable by the court; |
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(9) a person disqualified in a declaration made under |
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Section 679 of this code; [or] |
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(10) a nonresident person who has not filed with the |
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court the name of a resident agent to accept service of process in |
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all actions or proceedings relating to the guardianship; or |
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(11) a person who does not have the certification to |
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serve as guardian that is required by Section 697B of this code. |
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SECTION 2. Section 761, Texas Probate Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) In addition to the authority granted to the court |
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under Subsection (c) of this section, the court may, on the |
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complaint of the Guardianship Certification Board, remove a |
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guardian who would be ineligible for appointment under Section 681 |
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of this code because of the guardian's failure to maintain the |
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certification required under Section 697B of this code. The |
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guardian shall be cited to appear and contest the request for |
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removal under this subsection in the manner provided by Subsection |
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(c) of this section. |
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SECTION 3. This Act takes effect September 1, 2009. |