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A BILL TO BE ENTITLED
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AN ACT
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relating to evidence and orders regarding intellectual disability |
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or mental condition in certain guardianship proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1101.104, Estates Code, is amended to |
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read as follows: |
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Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING |
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INTELLECTUAL DISABILITY. (a) If an intellectual disability is the |
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basis of the proposed ward's alleged incapacity, the court may not |
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grant an application to create a guardianship for the proposed ward |
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unless the applicant presents to the court a written letter or |
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certificate that: |
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(1) complies with Sections 1101.103(a) and (b); or |
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(2) shows that not earlier than 24 months before the |
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hearing date: |
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(A) the proposed ward has been examined by a |
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physician or psychologist licensed in this state or certified by |
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the Health and Human [Department of Aging and Disability] Services |
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Commission to perform the examination, in accordance with rules of |
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the executive commissioner of the commission [Health and Human |
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Services Commission] governing examinations of that kind, and the |
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physician's or psychologist's written findings and recommendations |
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include a determination of an intellectual disability; or |
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(B) a physician or psychologist licensed in this |
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state or certified by the Health and Human [Department of Aging and |
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Disability] Services Commission to perform examinations described |
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by Paragraph (A) updated or endorsed in writing a prior |
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determination of an intellectual disability for the proposed ward |
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made by a physician or psychologist licensed in this state or |
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certified by the commission [department]. |
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(b) A physician or psychologist described by Subsection |
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(a)(2)(A) must have experience examining individuals with an |
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intellectual disability. |
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SECTION 2. Section 1202.152(a), Estates Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 1202.1521, the [The] court |
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may not grant an order completely restoring a ward's capacity or |
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modifying a ward's guardianship under an application filed under |
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Section 1202.051 unless the applicant presents to the court a |
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written letter or certificate from a physician licensed in this |
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state that is dated: |
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(1) not earlier than the 120th day before the date the |
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application was filed; or |
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(2) after the date the application was filed but |
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before the date of the hearing. |
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SECTION 3. Subchapter D, Chapter 1202, Estates Code, is |
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amended by adding Section 1202.1521 to read as follows: |
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Sec. 1202.1521. EXAMINATIONS AND DOCUMENTATION REGARDING |
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INTELLECTUAL DISABILITY. If an intellectual disability is the |
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basis of the proposed ward's alleged incapacity, the court may not |
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grant an order completely restoring a ward's capacity or modifying |
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a ward's guardianship under an application filed under Section |
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1202.051 unless the applicant presents to the court a written |
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letter or certificate: |
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(1) from a physician licensed in this state that |
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complies with Sections 1202.152(a) and (b); or |
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(2) from a psychologist licensed in this state that: |
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(A) is dated: |
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(i) not earlier than the 120th day before |
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the date the application was filed; or |
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(ii) after the date the application was |
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filed but before the date of the hearing; |
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(B) shows the ward has been examined by the |
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psychologist within the period prescribed by Paragraph (A)(i) or |
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(ii); |
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(C) describes the mental incapacity, including |
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the degree of incapacity; |
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(D) states, in the psychologist's opinion, |
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whether the ward has the capacity, or sufficient capacity with |
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supports and services, to do any of the activities listed in Section |
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1202.152(b)(1); |
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(E) states how or in what manner the ward's |
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ability to make or communicate reasonable decisions concerning |
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himself or herself is affected by the ward's mental health; and |
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(F) includes any other information required by |
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the court. |
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SECTION 4. Section 1202.155, Estates Code, is amended to |
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read as follows: |
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Sec. 1202.155. ADDITIONAL REQUIREMENTS FOR ORDER RESTORING |
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WARD'S CAPACITY. If the court finds that a ward is no longer an |
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incapacitated person, the order completely restoring the ward's |
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capacity must contain findings of fact and specify, in addition to |
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the information required by Section 1202.154: |
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(1) that the ward is no longer an incapacitated |
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person; |
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(2) that there is no further need for a guardianship of |
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the person or estate of the ward; |
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(3) [if the ward's incapacity resulted from a mental |
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condition, that the ward's mental capacity is completely restored; |
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[(4)] that the guardian is required to: |
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(A) immediately settle the guardianship in |
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accordance with this title; and |
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(B) deliver all of the remaining guardianship |
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estate to the ward; and |
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(4) [(5)] that the clerk shall revoke letters of |
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guardianship when the guardianship is finally settled and closed. |
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SECTION 5. The changes in law made by this Act apply only to |
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an application for the appointment of a guardian, for the complete |
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restoration of a ward's capacity, or for the modification of a |
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guardianship, as applicable, that is filed on or after the |
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effective date of this Act. An application filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |