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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of attorneys ad litem to represent the |
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interests of certain persons in guardianship proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1002.002, Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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Sec. 1002.002. ATTORNEY AD LITEM. "Attorney ad litem" |
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means an attorney appointed by a court to represent and advocate on |
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behalf of a proposed ward, an incapacitated person, [or] an unborn |
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person, or another person described by Section 1054.007 in a |
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guardianship proceeding. |
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SECTION 2. Subchapter A, Chapter 1054, Estates Code, as |
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effective January 1, 2014, is amended by adding Section 1054.007 to |
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read as follows: |
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Sec. 1054.007. ATTORNEYS AD LITEM. (a) Except in a |
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situation in which this title requires the appointment to represent |
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the interests of the person, a court may appoint an attorney ad |
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litem in any guardianship proceeding to represent the interests of: |
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(1) an incapacitated person or another person who has |
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a legal disability; |
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(2) a proposed ward; |
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(3) a nonresident; |
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(4) an unborn or unascertained person; or |
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(5) an unknown or missing potential heir. |
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(b) An attorney ad litem appointed under this section is |
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entitled to reasonable compensation for services provided in the |
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amount set by the court, to be taxed as costs in the proceeding. |
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SECTION 3. Section 1054.007, Estates Code, as added by this |
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Act, applies to a guardianship proceeding that is pending or |
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commenced on or after the effective date of this Act. |
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SECTION 4. This Act takes effect January 1, 2014. |