Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1438 by Thompson, Senfronia (Relating to probate matters, including guardianships and other matters related to incapacitated persons.), As Engrossed
No significant fiscal implication to the State is anticipated.
The bill would amend the Estates Code, Finance Code, and Government Code related to guardianships and incapacitated persons. The bill would provide that when an existing guardianship is transferred to another county, the receiving court, rather than the transferring court, shall order the guardian to give a new bond or file a rider to an existing bond. The bill would also amend to whom a notice of application of guardianship must be sent if the proposed ward has no living spouse, parent, adult sibling, or adult child and would provide that reimbursements could be made from a management trust created to manage the estate of a ward if the assets of the guardianship estate are insufficient.
The bill would add a definition for relatives within the third degree of consanguinity and to provide that a court may order the deposit of a ward's assets in a financial institution for safekeeping and reduce the guardian's bond proportionately. The bill would also expand the sources from which a court cost could be paid to include a management trust and would require initial accounting by a trustee of a ward's management trust for wards with an existing guardianship. The bill would allow a court to appoint an attorney ad litem or guardian ad litem to act on the minor's behalf if the minor did not have a willing and able parent or managing conservator.
The bill would authorize the clerk of a court to obtain an order requiring the payment of security for costs from the court and would provide that an interested person may intervene in a guardianship proceeding by filing a motion to intervene that is served on the parties. The bill would require criminal history information be obtained for a family member seeking a guardianship and authorizes the Department of Public Safety to provide such information to the clerk with respect to a proposed ward's family members. The bill would require guardians that are required to file an annual report with the court to file an unsworn affidavit. Additionally, the bill would establish the parameters for the term of a temporary guardian when a guardianship application is contested. The bill would expand the financial records provided from a financial institution in response to a request in connection with an investigation related to a guardianship and would authorize the presiding judge of a statutory probate court and that court's clerk to assume certain duties regarding assignment of visiting judges.
Based on the analysis of the Office of Court Administration and the Department of Public Safety, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety