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Guardianship and Alternatives Bill Tracking

The bills below could impact guardianship reform and supported decision making for people with disabilities in Texas.

Guardianship and Alternatives

Guardianship and Alternatives Bills (Telicon Report 4/24/2017)
BILLAUTHORDESCRIPTION, REMARKS, LAST ACTION
HB 3631John SmitheeRelating to establishing a guardianship compliance program.
no datano dataRemarks: Would expand the Office of Court Administration (OCA) Guardianship Compliance Project. The project has assisted 18 courts by reviewing guardianship files to ensure compliance with state reporting mandates and other laws. Would require judicial misconduct reporting to Commission on Judicial Conduct; however, court participation would be voluntary. This measure aligns with OCA's exceptional item request to fund this expansion.
no datano dataLast Action: 03-30-17 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence
HB 3847Jessica FarrarRelating to guardianships, substitutes for guardianships, and durable powers of attorney for persons with disabilities or who are incapacitated.
no datano dataRemarks: Would make the supported decision-making relationship a fiduciary one in law and on the form.
no datano dataLast Action: 03-30-17 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence
HB 3901Will MetcalfRelating to parental administrations for certain adults with intellectual disabilities and the prosecution of a related criminal offense.
no datano dataRemarks: Would create a new category of relationship, "parental administrator," for an incapacitated adult. Note: Requires comparison to guardianship statutes as it appears to be similar and differences, if any, need to be determined.
no datano dataLast Action: 04-03-17 H Introduced and referred to committee on House Human Services
HB 3970Toni RoseRelating to the allocation of certain general revenue to grants for local guardianship programs and local money management services.
no datano dataRemarks: Would allow the first $750,000 of Medicaid Estate Recovery Program (MERP) funds to be used for grants to develop and expand guardianship programs and local money management services. Currently all funds are appropriated to fund long term care, including community-based and facility-based care.
no datano dataLast Action: Bill History: 04-03-17 H Introduced and referred to committee on House Appropriations
SB 36Judith ZaffiriniRelating to the regulation of certain guardianship programs.
no datano dataRemarks: Would create standard regulation and oversight of guardianship programs through required registration and minimum standards for program operation.
no datano dataLast Action: 03-09-17 H Received in the House
SB 37Judith ZaffiriniRelating to the requirement to obtain certification for attorneys representing persons in guardianship proceedings.
no datano dataRemarks: Would require all attorneys in guardianship cases to complete a certification course provided by the State Bar of Texas.
no datano dataLast Action: 03-21-17 H Received in the House
SB 38Judith ZaffiriniRelating to certain procedural matters in courts exercising probate jurisdiction.
no datano dataRemarks: Would allow the court to serve documents for a removal hearing to a guardian via certified mail instead of personal service by a sheriff to reduce delays in providing notice to guardians.
no datano dataLast Action: 03-21-17 H Received in the House
SB 39Judith ZaffiriniRelating to guardianships, substitutes for guardianships, and durable powers of attorney for persons with disabilities or who are incapacitated.
no datano dataRemarks: Would reform laws regarding abuse prevention in Powers of Attorney. Would also add language related to supporters' 'fiduciary' responsibility or legal duties and decision-making authority in supported decision-making agreements (SDMAs). The substitute substantially clarifies that the person maintains decision-making authority in the SDMA and provides a form. Would provide for appointment of alternate supporter for limited purposes.
no datano dataLast Action: 04-06-17 H Received in the House
SB 498Judith ZaffiriniRelating to the use of person first respectful language instead of the term "ward."
no datano dataRemarks: Would require the use of respectful language (like "person with a guardian" and "alleged incapacitated person") instead of the term "ward" in any new provision or change to the law. Would not invalidate existing law that does not use the respectful, person-first language.
no datano dataLast Action: Bill History: 04-20-17 H Received in the House
SB 1709Judith ZaffiriniRelating to the requirement of a guardian to provide information regarding a ward's health and residence to certain relatives of the ward.
no datano dataRemarks: Would clarify conditions under which a guardian is not required to provide information about a person under guardianship to relatives.
no datano dataLast Action: 04-24-17 S First placement on Senate Intent Calendar
SB 1710Judith ZaffiriniRelating to applications for the complete restoration of a ward's capacity or modification of a guardianship.
no datano dataRemarks: Would allow a restoration of capacity motion to proceed without appointing a successor guardian first when the original guardian resigned, was removed, or died. Provides procedural steps for investigating and reporting to the court and the person proposed for restoration concerning termination or modification of a guardianship, requiring the investigator or guardian ad litem to file the application for restoration of competency or modification on the person's behalf if in the person's best interest.
no datano dataLast Action: 04-19-17 H Received in the House
SB 1764Judith ZaffiriniRelating to termination of a guardianship of the estate for a ward who is the designated beneficiary of a Texas Achieving a Better Life Experience (ABLE) Program account.
no datano dataRemarks: Would authorize the court to terminate a guardianship of the estate of a person whose assets have been placed in an ABLE account for which the person is the beneficiary. Would add ABLE accounts to the list of investments considered to have met the standard required of guardians for investments for persons under guardianship. Would authorize the investment of money recovered in lawsuit by a minor or incapacitated person who has no legal guardian by a next friend or guardian ad litem in an ABLE account as well as other instruments.
no datano dataLast Action: 04-12-17 S Recommended for Local/Uncontested Calendar

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