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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a private professional guardian regarding |
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end-of-life and critical care decisions concerning an adult ward. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Michael Hickson Act. |
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SECTION 2. Sections 1151.051(a) and (c), Estates Code, are |
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amended to read as follows: |
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(a) Except as provided by Section 1151.057, the [The] |
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guardian of the person of a ward is entitled to take charge of the |
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person of the ward. |
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(c) A guardian of the person has: |
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(1) the right to have physical possession of the ward |
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and to establish the ward's legal domicile; |
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(2) the duty to provide care, supervision, and |
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protection for the ward; |
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(3) the duty to provide the ward with clothing, food, |
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medical care, and shelter; |
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(4) except as provided by Section 1151.057, the power |
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to consent to medical, psychiatric, and surgical treatment other |
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than the inpatient psychiatric commitment of the ward; |
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(5) on application to and order of the court, the power |
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to establish a trust in accordance with 42 U.S.C. Section |
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1396p(d)(4)(B) and direct that the income of the ward as defined by |
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that section be paid directly to the trust, solely for the purpose |
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of the ward's eligibility for medical assistance under Chapter 32, |
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Human Resources Code; and |
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(6) the power to sign documents necessary or |
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appropriate to facilitate employment of the ward if: |
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(A) the guardian was appointed with full |
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authority over the person of the ward under Section 1101.151; or |
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(B) the power is specified in the court order |
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appointing the guardian with limited powers over the person of the |
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ward under Section 1101.152. |
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SECTION 3. Subchapter B, Chapter 1151, Estates Code, is |
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amended by adding Section 1151.057 to read as follows: |
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Sec. 1151.057. PRIVATE PROFESSIONAL GUARDIAN DUTIES |
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REGARDING CRITICAL AND END-OF-LIFE CARE DECISIONS. (a) In this |
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section: |
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(1) "Disability advocacy organization" means a |
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nonprofit organization that advocates for the rights and inclusion |
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of persons with disabilities but that does not provide services |
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related to guardianships. |
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(2) "Informed consent" means an acknowledgment that a |
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person agrees to a specified action being taken after having been |
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provided with information concerning the facts, options, and risks |
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associated with the action. |
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(3) "Next of kin" means a relative of a person in the |
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following order of priority: |
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(A) the person's spouse; |
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(B) an adult child of the person; |
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(C) an adult descendant of the person, other than |
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an adult child; |
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(D) the person's parent; |
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(E) the person's adult sibling; |
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(F) a descendant of the person's adult sibling; |
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or |
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(G) any other relative of the person's parent. |
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(b) Except as provided by Subsection (e), a private |
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professional guardian appointed as guardian of the person of an |
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adult ward may not make a critical care or end-of-life decision |
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regarding the ward unless: |
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(1) the private professional guardian obtains the |
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informed consent of the ward's closest living next of kin, as |
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determined under the order of priority listed in Subsection (a)(3); |
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and |
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(2) the informed consent is evidenced by: |
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(A) a form signed and dated by the person; or |
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(B) a verbal agreement that is provided by the |
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person through an electronic device and that is observed by and |
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documented on a form by a health care professional or other witness. |
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(c) Immediately after discovering that a critical care or |
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end-of-life decision regarding an adult ward is necessary, the |
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private professional guardian appointed as guardian of the person |
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of the ward must contact the ward's closest living next of kin to |
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obtain the informed consent required under Subsection (b). The |
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private professional guardian shall contact the court to obtain the |
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name and contact information of the ward's closest living next of |
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kin if the private professional guardian does not have that |
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information. If the private professional guardian has incorrect |
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contact information for the ward's closest living next of kin, the |
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private professional guardian shall attempt to obtain correct |
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information as soon as practicable. |
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(d) The private professional guardian shall attempt to |
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contact the ward's closest living next of kin at least three times |
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each day for a period of at least 48 hours by telephone and e-mail. |
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Each attempt to contact the next of kin must: |
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(1) be at a different time of day; |
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(2) for all attempts by telephone, include a voice |
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mail message identifying the caller, the reason for the call, and a |
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telephone number at which the caller may be reached; and |
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(3) for all attempts by e-mail, identify the sender, |
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the reason for the e-mail, and a telephone number and e-mail address |
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at which the sender may be reached. |
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(e) If the private professional guardian is unable to |
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contact the ward's closest living next of kin within the period |
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specified by Subsection (d) after complying with the requirements |
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of that subsection, the private professional guardian shall: |
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(1) submit documentation to the court regarding each |
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attempt to contact the next of kin; and |
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(2) consult with a disability advocacy organization |
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regarding what decision regarding care is in the best interest of |
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the ward. |
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(f) If a disability advocacy organization is consulted |
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under Subsection (e)(2) and that organization, the private |
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professional guardian, and the health care professional with |
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primary responsibility for providing the ward's care unanimously |
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agree regarding how to proceed with the ward's critical care or |
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end-of-life treatment, the private professional guardian may |
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consent to the agreed-upon treatment. |
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(g) If the private professional guardian contacts the |
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ward's closest living next of kin within the period specified by |
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Subsection (d), the health care professional with primary |
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responsibility for providing the ward's care shall continue to |
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provide care to the ward that is reasonable and prudent until the |
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private professional guardian and the contacted next of kin agree |
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on how to proceed with the ward's care. |
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(h) After unsuccessfully attempting to reach an agreement |
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with the ward's closest living next of kin concerning the ward's |
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care, the private professional guardian shall contact a |
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representative of a disability advocacy organization to assist in |
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mediating the dispute until an agreement is reached. On reaching an |
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agreement regarding the ward's care, the ward's closest living next |
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of kin shall provide informed consent for the agreed-upon care in |
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the manner specified by Subsection (b)(2). The private professional |
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guardian shall provide a copy of the form evidencing that consent to |
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the next of kin, the health care professional with primary |
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responsibility for providing the ward's care, and the court. |
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(i) At least once each year, a private professional guardian |
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appointed as the guardian of the person for an adult ward shall |
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obtain and verify the contact information for each of the ward's |
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next of kin. |
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SECTION 4. This Act takes effect September 1, 2021. |