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A BILL TO BE ENTITLED
|
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AN ACT
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relating to guardianships and supports and services for |
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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 22.016, Estates Code, is amended to read |
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as follows: |
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Sec. 22.016. INCAPACITATED PERSON. A person is |
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"incapacitated" if the person: |
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(1) is a minor; |
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(2) is an adult who lacks the ability to meet essential |
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requirements for his or her own physical health, safety, or |
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self-care or to manage the person's own financial affairs because |
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the person is unable, due to a physical or mental condition, to |
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receive and evaluate information or make or communicate decisions, |
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even with: |
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(A) appropriate supports and services, including |
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assistive technology; or |
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(B) supported decision-making [, because of a
|
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physical or mental condition, is substantially unable to:
|
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[(A)
provide food, clothing, or shelter for
|
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himself or herself;
|
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[(B)
care for the person's own physical health;
|
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or
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[(C) manage the person's own financial affairs]; |
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or |
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(3) must have a guardian appointed for the person to |
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receive funds due the person from a governmental source. |
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SECTION 2. Section 22.033, Estates Code, is amended to read |
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as follows: |
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Sec. 22.033. WARD; PERSON WITH A GUARDIAN. "Ward" or |
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"person with a guardian" means a person for whom a guardian has been |
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appointed. |
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SECTION 3. Chapter 1001, Estates Code, is amended by adding |
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Section 1001.004 to read as follows: |
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Sec. 1001.004. USE OF PERSON FIRST RESPECTFUL LANGUAGE |
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INSTEAD OF WARD. (a) The legislature, the Texas Legislative |
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Council, and other state agencies and entities are directed to |
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avoid using the term "ward" in any new provision of law and are |
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directed to replace, as appropriate, that term in any existing law |
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as that existing law is otherwise amended with the following |
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preferred terms or phrases or appropriate variations of those terms |
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or phrases: |
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(1) "person"; |
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(2) "incapacitated person"; and |
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(3) "person with a guardian." |
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(b) A law is not invalid solely because it does not employ |
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this section's preferred terms or phrases. |
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SECTION 4. Section 1002.017, Estates Code, is amended to |
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read as follows: |
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Sec. 1002.017. INCAPACITATED PERSON. "Incapacitated |
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person" means: |
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(1) a minor; |
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(2) an adult who lacks the ability to meet essential |
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requirements for his or her own physical health, safety, or |
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self-care or to manage the person's own financial affairs because |
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the person is unable, due to a physical or mental condition, to |
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receive and evaluate information or make or communicate decisions, |
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even with: |
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(A) appropriate supports and services, including |
|
assistive technology; or |
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(B) supported decision-making [, because of a
|
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physical or mental condition, is substantially unable to:
|
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[(A)
provide food, clothing, or shelter for
|
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himself or herself;
|
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[(B)
care for the person's own physical health;
|
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or
|
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[(C) manage the person's own financial affairs]; |
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or |
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(3) a person who must have a guardian appointed for the |
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person to receive funds due the person from a governmental source. |
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SECTION 5. Section 1002.026, Estates Code, is amended to |
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read as follows: |
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Sec. 1002.026. PROPOSED WARD; ALLEGED INCAPACITATED |
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PERSON. "Proposed ward" or "alleged incapacitated person" means a |
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person alleged in a guardianship proceeding to be incapacitated. |
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SECTION 6. Section 1002.030, Estates Code, is amended to |
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read as follows: |
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Sec. 1002.030. WARD; PERSON WITH A GUARDIAN. "Ward" or |
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"person with a guardian" means a person for whom a guardian has been |
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appointed. |
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SECTION 7. Section 1002.031, Estates Code, is amended to |
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read as follows: |
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Sec. 1002.031. SUPPORTS AND SERVICES. (a) "Supports and |
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services" means available community-based formal and informal |
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resources and assistance that enable an individual to: |
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(1) meet the individual's needs for food, clothing, or |
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shelter, regardless of whether the individual is able to make or |
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communicate decisions about those needs; |
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(2) care for the individual's physical or mental |
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health, regardless of whether the individual is able to make or |
|
communicate decisions about health needs; |
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(3) manage the individual's financial affairs, |
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regardless of whether the individual is able to make or communicate |
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decisions about those affairs; or |
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(4) make personal decisions regarding residence, |
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voting, operating a motor vehicle, and marriage. |
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(b) "Community-based informal resources and assistance" |
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means resources and assistance provided to an individual by a |
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family member, friend, neighbor, or other support system that help |
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the individual address daily living needs and responsibilities. The |
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term includes: |
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(1) providing free or reduced cost meals and |
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transportation to the individual; |
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(2) providing food and prescription delivery to the |
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individual; |
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(3) providing peer support to the individual; |
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(4) opening a joint checking account or obtaining a |
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joint debit card with the individual; |
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(5) providing assistance with arranging for direct |
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deposits at a bank or other financial institution or with paying |
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bills for the individual; |
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(6) making daily telephone calls on the individual's |
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behalf; and |
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(7) making home visits to the individual. |
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(c) "Community-based formal resources and assistance" means |
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resources and assistance provided to an individual with a |
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disability or an elderly individual under a state or federal |
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program that enable the individual to remain in his or her own home |
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or in the community by providing assistance with activities of |
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daily living, including instrumental activities of daily living. |
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The term includes: |
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(1) personal attendant services; |
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(2) assistance in communicating the individual's |
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decisions to other persons, including through the use of an |
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interpreter; |
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(3) assistance with shopping, handling medication, |
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and housekeeping; |
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(4) assistance in accessing or collecting financial |
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and health benefits; |
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(5) nurse-delegated tasks; |
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(6) customized durable medical equipment, assistive |
|
technology, or assistance animals; and |
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(7) affordable integrated housing and transportation |
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assistance. |
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SECTION 8. Section 1054.004, Estates Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) Before the hearing, the attorney ad litem shall: |
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(1) discuss with the alleged incapacitated person: |
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(A) [proposed ward] the attorney ad litem's |
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opinion regarding[:
|
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[(1)] whether a guardianship is necessary for the |
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alleged incapacitated person [proposed ward]; and |
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(B) if the attorney ad litem believes a |
|
guardianship is necessary, discuss with the alleged incapacitated |
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person [(2) if a guardianship is necessary,] the specific powers |
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or duties of the guardian that should be limited if the person |
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[proposed ward] receives supports and services; and |
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(2) advise the alleged incapacitated person of his or |
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her right to oppose the guardianship and shall allow the person to |
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make the decision regarding whether to oppose the guardianship. |
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(d) If the alleged incapacitated person expresses a desire |
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to oppose the guardianship, the attorney ad litem appointed to |
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represent the person shall advocate zealously on the person's |
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behalf and seek alternatives to guardianship or supports and |
|
services to avoid the need for the guardianship. |
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(e) The attorney ad litem representing the alleged |
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incapacitated person shall make every reasonable effort within the |
|
bounds of law to advocate for the protection of the person's rights |
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by ensuring that the applicant for the appointment of a guardian |
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meets the burden of proof required under Section 1101.101 to |
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establish the need for that appointment. |
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(f) The attorney ad litem shall communicate the information |
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required by this section in the alleged incapacitated person's |
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native language or preferred mode of communication and in a manner |
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that is accessible and understandable to the alleged incapacitated |
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person. |
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SECTION 9. Section 1101.051(a), Estates Code, is amended to |
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read as follows: |
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(a) At a hearing for the appointment of a guardian, the |
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court shall: |
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(1) inquire into the ability of any allegedly |
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incapacitated adult to: |
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(A) meet the essential requirements for his or |
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her own physical health, safety, or self-care [feed, clothe, and
|
|
shelter himself or herself;
|
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[(B) care for his or her own physical health]; |
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and |
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(B) [(C)] manage his or her property or financial |
|
affairs; |
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(2) ascertain the age of any alleged incapacitated |
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person [proposed ward] who is a minor; |
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(3) inquire into the governmental reports for any |
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person who must have a guardian appointed to receive funds due the |
|
person from any governmental source; and |
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(4) inquire into the qualifications, abilities, and |
|
capabilities of the person seeking to be appointed guardian. |
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SECTION 10. Sections 1101.101(a) and (c), Estates Code, are |
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amended to read as follows: |
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(a) Before appointing a guardian for an alleged |
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incapacitated person [a proposed ward], the court must: |
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(1) find by clear and convincing evidence that: |
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(A) the alleged incapacitated person [proposed
|
|
ward] is an incapacitated person; |
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(B) it is in the alleged incapacitated person's |
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[proposed ward's] best interest to have the court appoint a person |
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as the alleged incapacitated person's [proposed ward's] guardian; |
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(C) the alleged incapacitated person's [proposed
|
|
ward's] rights or property will be protected by the appointment of a |
|
guardian; |
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(D) alternatives to guardianship that would |
|
avoid the need for the appointment of a guardian have been |
|
considered and determined not to be feasible; and |
|
(E) supports and services available to the |
|
alleged incapacitated person [proposed ward] that would avoid the |
|
need for the appointment of a guardian have been considered and |
|
determined not to be feasible; and |
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(2) find by a preponderance of the evidence that: |
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(A) the court has venue of the case; |
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(B) the person to be appointed guardian is |
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eligible to act as guardian and is entitled to appointment, or, if |
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no eligible person entitled to appointment applies, the person |
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appointed is a proper person to act as guardian; |
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(C) if a guardian is appointed for a minor, the |
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guardianship is not created for the primary purpose of enabling the |
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minor to establish residency for enrollment in a school or school |
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district for which the minor is not otherwise eligible for |
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enrollment; and |
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(D) the alleged incapacitated person [proposed
|
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ward]: |
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(i) [is] totally lacks the ability to meet |
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the essential requirements for his or her own physical health, |
|
safety, or self-care [without capacity as provided by this title to
|
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care for himself or herself] and to manage his or her property for |
|
the reasons provided by Section 1002.017(2); or |
|
(ii) lacks the ability [capacity] to do |
|
some, but not all, of the tasks necessary to meet the essential |
|
requirements for his or her own physical health, safety, or |
|
self-care [care for himself or herself] or to manage his or her |
|
property for the reasons provided by Section 1002.017(2). |
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(c) A finding under Subsection (a)(2)(D)(ii) must |
|
specifically state whether the alleged incapacitated person |
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[proposed ward] lacks the ability [capacity], or lacks the |
|
sufficient ability [capacity] with supports and services, to make |
|
personal decisions regarding residence, voting, operating a motor |
|
vehicle, and marriage. |
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SECTION 11. Sections 1101.103(a) and (d), Estates Code, are |
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amended to read as follows: |
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(a) The [Except as provided by Section 1101.104, the] court |
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may not grant an application to create a guardianship for an |
|
incapacitated person, other than a minor or person for whom it is |
|
necessary to have a guardian appointed only to receive funds from a |
|
governmental source, unless the applicant presents to the court a |
|
written letter or certificate from a physician licensed in this |
|
state that is: |
|
(1) dated not earlier than the 120th day before the |
|
date the application is filed; and |
|
(2) based on an examination the physician performed |
|
not earlier than the 120th day before the date the application is |
|
filed. |
|
(d) A physician who examines the alleged incapacitated |
|
person [proposed ward, other than a physician or psychologist who
|
|
examines the proposed ward under Section 1101.104(2),] shall make |
|
available for inspection by the attorney ad litem appointed to |
|
represent the alleged incapacitated person [proposed ward] a |
|
written letter or certificate from the physician that complies with |
|
the requirements of Subsections (a) and (b). |
|
SECTION 12. Section 1101.151, Estates Code, is amended to |
|
read as follows: |
|
Sec. 1101.151. ORDER APPOINTING GUARDIAN WITH FULL |
|
AUTHORITY. (a) If it is found that the alleged incapacitated |
|
person [proposed ward is] totally lacks the ability, for the |
|
reasons provided by Section 1002.017(2), to meet the essential |
|
requirements for his or her own health, safety, or self-care |
|
[without capacity to care for himself or herself], manage his or her |
|
property, operate a motor vehicle, make personal decisions |
|
regarding residence, and vote in a public election, even with |
|
appropriate supports and services or supported decision-making, |
|
the court may appoint a guardian of the alleged incapacitated |
|
person's [proposed ward's] person or estate, or both, with full |
|
authority over the incapacitated person except as provided by law. |
|
(b) An order appointing a guardian under this section must |
|
contain findings of fact and specify: |
|
(1) the information required by Section 1101.153(a); |
|
(2) that the guardian has full authority over the |
|
incapacitated person; |
|
(3) if necessary, the amount of funds from the corpus |
|
of the person's estate the court will allow the guardian to spend |
|
for the education and maintenance of the person under Subchapter A, |
|
Chapter 1156; |
|
(4) whether the person [is] totally lacks the ability |
|
to meet the essential requirements for his or her own health, |
|
safety, or self-care [incapacitated] because of a mental condition; |
|
(5) that the person does not have the ability |
|
[capacity] to operate a motor vehicle, make personal decisions |
|
regarding residence, and vote in a public election; and |
|
(6) if it is a guardianship of the person of the |
|
incapacitated person [ward] or of both the person and the estate of |
|
the incapacitated person [ward], the rights of the guardian with |
|
respect to the person as specified in Section 1151.051(c)(1). |
|
(c) An order appointing a guardian under this section that |
|
includes the rights of the guardian with respect to the person as |
|
specified in Section 1151.051(c)(1) must also contain the following |
|
prominently displayed statement in boldfaced type, in capital |
|
letters, or underlined: |
|
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY |
|
USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE |
|
PERSON OF AN INCAPACITATED PERSON [A WARD] TO HAVE PHYSICAL |
|
POSSESSION OF THE INCAPACITATED PERSON [WARD] OR TO ESTABLISH THE |
|
INCAPACITATED PERSON'S [WARD'S] LEGAL DOMICILE AS SPECIFIED IN THIS |
|
ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND |
|
THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY |
|
AGAINST ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH |
|
ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE |
|
TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE |
|
COURT-APPOINTED GUARDIAN OF THE PERSON OF THE INCAPACITATED PERSON |
|
[WARD]. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER |
|
THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY |
|
BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A |
|
FINE OF AS MUCH AS $10,000." |
|
SECTION 13. Section 1101.152, Estates Code, is amended to |
|
read as follows: |
|
Sec. 1101.152. ORDER APPOINTING GUARDIAN WITH LIMITED |
|
AUTHORITY. (a) If it is found that the alleged incapacitated |
|
person [proposed ward] lacks the ability, for the reasons provided |
|
by Section 1002.017(2), [capacity] to do some, but not all, of the |
|
tasks necessary to meet the essential requirements for his or her |
|
own health, safety, or self-care [care for himself or herself] or to |
|
manage his or her property with or without supports and services, |
|
the court may appoint a guardian with limited powers and permit the |
|
alleged incapacitated person [proposed ward] to care for himself or |
|
herself, including making personal decisions regarding residence |
|
and regarding the person's own physical health, safety, or |
|
self-care, or to manage his or her property commensurate with the |
|
alleged incapacitated person's [proposed ward's] ability. |
|
(b) An order appointing a guardian under this section must |
|
contain findings of fact and specify: |
|
(1) the information required by Section 1101.153(a); |
|
(2) the specific powers, limitations, or duties of the |
|
guardian with respect to the person's health, safety, or care or the |
|
management of the person's property by the guardian; |
|
(2-a) the specific rights and powers retained by the |
|
person: |
|
(A) with the necessity for supports and services; |
|
and |
|
(B) without the necessity for supports and |
|
services; |
|
(3) if necessary, the amount of funds from the corpus |
|
of the person's estate the court will allow the guardian to spend |
|
for the education and maintenance of the person under Subchapter A, |
|
Chapter 1156; and |
|
(4) whether the person is incapacitated because of a |
|
mental condition and, if so, whether the person: |
|
(A) retains the right to make personal decisions |
|
regarding residence or vote in a public election; or |
|
(B) maintains eligibility to hold or obtain a |
|
license to operate a motor vehicle under Chapter 521, |
|
Transportation Code. |
|
(c) An order appointing a guardian under this section that |
|
includes the right of the guardian to have physical possession of |
|
the incapacitated person [ward] or to establish the incapacitated |
|
person's [ward's] legal domicile as specified in Section |
|
1151.051(c)(1) must also contain the following prominently |
|
displayed statement in boldfaced type, in capital letters, or |
|
underlined: |
|
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY |
|
USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE |
|
PERSON OF AN INCAPACITATED PERSON [A WARD] TO HAVE PHYSICAL |
|
POSSESSION OF THE INCAPACITATED PERSON [WARD] OR TO ESTABLISH THE |
|
INCAPACITATED PERSON'S [WARD'S] LEGAL DOMICILE AS SPECIFIED IN THIS |
|
ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND |
|
THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY |
|
AGAINST ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH |
|
ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE |
|
TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE |
|
COURT-APPOINTED GUARDIAN OF THE PERSON OF THE INCAPACITATED PERSON |
|
[WARD]. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER |
|
THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY |
|
BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A |
|
FINE OF AS MUCH AS $10,000." |
|
SECTION 14. Section 1101.155, Estates Code, is amended to |
|
read as follows: |
|
Sec. 1101.155. DISMISSAL OF APPLICATION. If it is found |
|
that an alleged incapacitated person [a proposed ward] who is an |
|
adult possesses the ability to meet the essential requirements for |
|
his or her own physical health, safety, or self-care [capacity to
|
|
care for himself or herself] and to manage his or her property as |
|
would a reasonably prudent person, the court shall dismiss an |
|
application for guardianship. |
|
SECTION 15. Section 1202.001(b), Estates Code, is amended |
|
to read as follows: |
|
(b) A guardianship shall be settled and closed when the |
|
incapacitated person [ward]: |
|
(1) dies and, if the incapacitated person [ward] was |
|
married, the person's [ward's] spouse qualifies as survivor in |
|
community; |
|
(2) is found by the court to have full ability |
|
[capacity], or sufficient ability [capacity] with supports and |
|
services, to meet the essential requirements for his or her own |
|
physical health, safety, or self-care [care for himself or herself] |
|
and to manage the incapacitated person's [ward's] property; |
|
(3) is no longer a minor; or |
|
(4) no longer must have a guardian appointed to |
|
receive funds due the incapacitated person [ward] from any |
|
governmental source. |
|
SECTION 16. Section 1202.051(a), Estates Code, is amended |
|
to read as follows: |
|
(a) Notwithstanding Section 1055.003, a person with a |
|
guardian [ward] or any person interested in the [ward's] welfare of |
|
the person with a guardian may file a written application with the |
|
court for an order: |
|
(1) finding that the person with a guardian [ward] is |
|
no longer an incapacitated person and ordering the settlement and |
|
closing of the guardianship; |
|
(2) finding that the person with a guardian [ward] |
|
lacks the ability, for the reasons provided by Section 1002.017(2) |
|
[capacity], or lacks the sufficient ability [capacity] with |
|
supports and services, to do some or all of the tasks necessary to |
|
meet the essential requirements for his or her own physical health, |
|
safety, or self-care [provide food, clothing, or shelter for
|
|
himself or herself, to care for the ward's own physical health,] or |
|
to manage his or her [the ward's] own financial affairs and granting |
|
additional powers or duties to the guardian; or |
|
(3) finding that the person with a guardian, despite |
|
the reasons provided by Section 1002.017(2), [ward] has the ability |
|
[capacity], or sufficient ability [capacity] with supports and |
|
services, to do some, but not all, of the tasks necessary to meet |
|
the essential requirements for his or her own physical health, |
|
safety, or self-care [provide food, clothing, or shelter for
|
|
himself or herself, to care for the ward's own physical health,] or |
|
to manage his or her [the ward's] own financial affairs and: |
|
(A) limiting the guardian's powers or duties; and |
|
(B) permitting the person with a guardian [ward] |
|
to provide for his or her own physical health, safety, or self-care |
|
[care for himself or herself], make personal decisions regarding |
|
residence, or manage the person's [ward's] own financial affairs |
|
commensurate with the person's [ward's] ability, with or without |
|
supports and services. |
|
SECTION 17. Section 1202.152, Estates Code, is amended to |
|
read as follows: |
|
Sec. 1202.152. PHYSICIAN'S LETTER OR CERTIFICATE REQUIRED. |
|
(a) The court may not grant an order completely restoring the [a
|
|
ward's] capacity of or modifying a [ward's] guardianship for a |
|
person with a guardian under an application filed under Section |
|
1202.051 unless the applicant presents to the court a written |
|
letter or certificate from a physician licensed in this state that |
|
is dated: |
|
(1) not earlier than the 120th day before the date the |
|
application was filed; or |
|
(2) after the date the application was filed but |
|
before the date of the hearing. |
|
(b) A letter or certificate presented under Subsection (a) |
|
must: |
|
(1) describe the nature and degree of incapacity, |
|
including the medical history if reasonably available, or state |
|
that, in the physician's opinion, the person with a guardian [ward] |
|
has the ability [capacity], or sufficient ability [capacity] with |
|
supports and services, to: |
|
(A) meet the essential requirements for his or |
|
her own health, safety, or self-care [provide food, clothing, and
|
|
shelter for himself or herself;
|
|
[(B) care for the ward's own physical health]; |
|
and |
|
(B) [(C)] manage the person's [ward's] financial |
|
affairs; |
|
(2) provide a medical prognosis specifying the |
|
estimated severity of any incapacity; |
|
(3) state how or in what manner the [ward's] ability of |
|
the person with a guardian to make or communicate responsible |
|
decisions concerning himself or herself is affected by the person's |
|
[ward's] physical or mental health; |
|
(4) state whether any current medication affects the |
|
[ward's] demeanor of the person with a guardian or the person's |
|
[ward's] ability to participate fully in a court proceeding; |
|
(5) describe the precise physical and mental |
|
conditions underlying a diagnosis of senility, if applicable; and |
|
(6) include any other information required by the |
|
court. |
|
(c) If the court determines it is necessary, the court may |
|
appoint the necessary physicians to examine the person with a |
|
guardian [ward] in the same manner and to the same extent as a |
|
person with a guardian [ward] is examined by a physician under |
|
Section 1101.103 [or 1101.104]. |
|
SECTION 18. Section 36.001(1), Government Code, is amended |
|
to read as follows: |
|
(1) "Competency evaluator" means a physician or |
|
psychologist who is licensed or certified in this state and who |
|
performs examinations to determine whether an individual is |
|
incapacitated or has an intellectual disability for purposes of |
|
appointing a guardian for the individual. The term includes |
|
physicians and psychologists conducting examinations under Section |
|
[Sections] 1101.103 [and 1101.104], Estates Code. |
|
SECTION 19. Section 155.001(7), Government Code, is amended |
|
to read as follows: |
|
(7) "Ward" or "person with a guardian" has the meaning |
|
assigned by Section 22.033, Estates Code. |
|
SECTION 20. Section 240.002(15), Property Code, is amended |
|
to read as follows: |
|
(15) "Ward" or "person with a guardian" has the |
|
meaning assigned by Section 22.033, Estates Code. |
|
SECTION 21. Section 1101.104, Estates Code, is repealed. |
|
SECTION 22. The changes in law made by this Act to Sections |
|
1054.004, 1101.051(a), 1101.101(a) and (c), 1101.103(a) and (d), |
|
1101.151, 1101.152, and 1101.155, Estates Code, apply only to a |
|
guardianship proceeding commenced on or after the effective date of |
|
this Act. A guardianship proceeding commenced before the effective |
|
date of this Act is governed by the law in effect on the date the |
|
proceeding was commenced, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 23. The changes in law made by this Act to Sections |
|
1202.001(b), 1202.051(a), and 1202.152, Estates Code, apply only to |
|
a proceeding for the complete restoration of capacity of an |
|
incapacitated person or modification of a guardianship commenced on |
|
or after the effective date of this Act. A proceeding described by |
|
this section commenced before the effective date of this Act is |
|
governed by the law in effect on the date the proceeding was |
|
commenced, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 24. This Act takes effect September 1, 2019. |