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A BILL TO BE ENTITLED
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AN ACT
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relating to certain mandatory training for guardians ad litem. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Add Section 1054.0541 of the Estates Code as |
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follows: |
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Sec. 1054.0541. TRAINING FOR GUARDIANS AD LITEM. (a) A |
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guardian ad litem appointed under Subchapter B of this Chapter to |
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represent the interests of an incapacitated person in a |
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guardianship proceeding shall complete at least 4.75 hours of |
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training relating to representing the interests of an incapacitated |
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person in a guardianship proceeding as described by Subsection (b) |
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and Subsection (c) as soon as practicable after the guardian ad |
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litem is appointed. A guardian ad litem is not required to comply |
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with this subsection if the court finds that the guardian ad litem |
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has experience equivalent to the required education. |
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(b) An individual who is qualified for appointment as an |
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guardian ad litem to represent the interests of an incapacitated |
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person in a guardianship proceeding must complete at least 4.75 |
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hours of training relating to the representation of the interests |
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of an incapacitated person in a guardianship proceeding every 2 |
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years before the anniversary date of the guardian ad litem's |
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appointment. |
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(c) The training required by Subsection (b) must be designed |
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to educate a guardian ad litem regarding the guardian ad litem's |
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duty to represent the interests of an incapacitated person in a |
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guardianship proceeding and include information regarding: |
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(1) basic principles of guardianship law, including |
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the duties and responsibilities of a guardian ad litem; |
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(2) understanding the responsibilities of a guardian |
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ad litem in protecting the interests of the person subject to |
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the guardianship; |
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(3) the ethical obligations of a guardian ad litem, |
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including the duty to act in the best interests of the person |
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subject to the guardianship, avoiding conflicts of interest, |
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and ensuring impartiality; |
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(4) techniques for interviewing and communicating |
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with individuals subject to guardianship, as well as their |
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family members and other parties involved in the case; |
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(5) an overview of mental health, cognitive |
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impairments, and other medical conditions that may be |
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relevant in guardianship cases; |
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(6) guidance on how to assess the needs and best |
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interests of individuals subject to guardianship, including |
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the consideration of less restrictive alternatives to |
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guardianship when appropriate; and |
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(7) familiarization with the procedural aspects of |
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guardianship hearings, including the submission of reports |
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and testifying in court. |
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(d) The training required by Subsections (b) must: |
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(1) be low-cost and available to persons throughout this |
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state, including on the Internet; and |
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(2) focus on the duties of a guardian ad litem in, and the |
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procedures of and best practices for, representing the interests of |
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an incapacitated person in a guardianship proceeding. |
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SECTION 2. This Act takes effect September 1, 2025. |