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A BILL TO BE ENTITLED
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AN ACT
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relating to guardianship matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1002.013, Estates Code, is amended to |
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read as follows: |
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Sec. 1002.013. GUARDIAN AD LITEM. "Guardian ad litem" |
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means a person appointed by a court to represent the best interests |
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of an incapacitated person or proposed ward in a guardianship |
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proceeding. |
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SECTION 2. Section 1051.103, Estates Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In addition to the method of service prescribed by |
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Subsection (a), a private process server may personally serve |
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citation to appear and answer an application for temporary |
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guardianship on a proposed ward. |
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SECTION 3. Section 1054.051(a), Estates Code, is amended to |
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read as follows: |
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(a) Subject to Subsection (b), the judge may appoint a |
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guardian ad litem to represent the interests of an incapacitated |
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person or proposed ward in a guardianship proceeding. |
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SECTION 4. Section 1054.054(b), Estates Code, is amended to |
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read as follows: |
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(b) A guardian ad litem shall protect the incapacitated |
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person or proposed ward whose interests the guardian has been |
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appointed to represent in a manner that will enable the court to |
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determine the action that will be in that person's best interests. |
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SECTION 5. Section 1054.056(a), Estates Code, is amended to |
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read as follows: |
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(a) Subject to Subsection (b), a guardian ad litem appointed |
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under this subchapter or Section 1102.001 or 1202.054 to represent |
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the interests of an incapacitated person or proposed ward in a |
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guardianship proceeding involving the creation, modification, or |
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termination of a guardianship is not liable for civil damages |
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arising from a recommendation made or an opinion given in the |
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capacity of guardian ad litem. |
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SECTION 6. Section 1055.001(b), Estates Code, is amended to |
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read as follows: |
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(b) A person who has an interest that is adverse to a |
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proposed ward or incapacitated person may not: |
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(1) file an application to create a guardianship or |
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for the appointment of a guardian for the proposed ward or |
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incapacitated person; |
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(2) contest the creation of a guardianship for the |
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proposed ward or incapacitated person; |
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(3) contest the appointment of a person as a guardian |
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of the proposed ward or incapacitated person; [or] |
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(4) contest an application for complete restoration of |
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a ward's capacity or modification of a ward's guardianship; or |
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(5) file a motion or complaint to request the removal |
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of a guardian or contest the request for removal of a guardian. |
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SECTION 7. Subchapter D, Chapter 1151, Estates Code, is |
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amended by adding Section 1151.156 to read as follows: |
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Sec. 1151.156. DUTY TO PRESERVE WARD'S ESTATE PLAN. (a) |
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The guardian of the estate who on appointment has actual knowledge |
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of the existence of the ward's estate plan shall preserve, to the |
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extent reasonably possible, the plan, including probate and |
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nonprobate planning, if preserving the plan is consistent with the |
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ward's best interest based on all relevant factors, including: |
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(1) the value and nature of the ward's estate; |
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(2) the ward's foreseeable obligations and need for |
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maintenance; |
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(3) minimization of income, estate, inheritance, or |
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other taxes payable out of the ward's estate; and |
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(4) eligibility for resources reasonably available to |
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the ward, including government benefits available under state or |
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federal law. |
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(b) The guardian of the estate shall obtain court approval |
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before: |
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(1) changing or canceling the ward's beneficiary |
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designation under an account, contract, or another arrangement that |
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authorizes designation of a beneficiary in existence when the |
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guardian was appointed, including an insurance or annuity contract, |
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a qualified or nonqualified retirement plan, and an employment |
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agreement, such as a deferred compensation agreement; |
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(2) changing or canceling the designated payee under |
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the ward's payable or transfer on death account in existence when |
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the guardian was appointed; or |
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(3) closing an account described by Subdivision (1) or |
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(2). |
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(c) The guardian of the estate may request the court's |
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permission to restore the designated beneficiary described by |
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Subsection (b)(1) or designated payee described by Subsection |
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(b)(2) if the beneficiary or payee, as applicable, was canceled or |
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required to be canceled due to closure of the ward's account. On |
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receipt of the request, the court may grant the guardian's request |
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and grant the guardian authority to execute the beneficiary |
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designation form or payable or transfer on death form required by |
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the financial institution or other entity. |
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SECTION 8. Section 1163.051, Estates Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) If the court approves the annual account, the court |
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shall enter an order to that effect. |
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(e) If the court does not approve the annual account, the |
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court shall enter an order to that effect and require the guardian |
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of the estate to file another annual account within a period |
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prescribed by the order, which may not be later than the 20th day |
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after the date the order is entered. |
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SECTION 9. Section 1163.104, Estates Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) If the judge is satisfied that the facts stated in the |
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report are true, the court shall approve the report and enter an |
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order to that effect. |
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(a-1) If the court does not approve the annual report, the |
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court shall enter an order to that effect and require the guardian |
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of the person to file another annual report within a period |
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prescribed by the order, which may not be later than the 20th day |
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after the date the order is entered. |
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SECTION 10. Sections 1051.103, 1054.051, 1054.054, |
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1054.056, 1055.001, 1163.051, and 1163.104, Estates Code, as |
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amended by this Act, apply to a guardianship proceeding that is |
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pending or commenced on or after the effective date of this Act. |
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SECTION 11. Section 1151.156, Estates Code, as added by |
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this Act, applies only to the appointment of a guardian made on or |
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after the effective date of this Act. An appointment made before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 12. This Act takes effect September 1, 2025. |