Bill Text: TX HB3394 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to determining the incapacity of a guardian.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB3394 Detail]
Download: Texas-2021-HB3394-Comm_Sub.html
Bill Title: Relating to determining the incapacity of a guardian.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB3394 Detail]
Download: Texas-2021-HB3394-Comm_Sub.html
87R18041 CLG-F | |||
By: Metcalf | H.B. No. 3394 | ||
Substitute the following for H.B. No. 3394: | |||
By: Smith | C.S.H.B. No. 3394 |
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relating to determining the incapacity of a guardian. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1203.052, Estates Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) Subject to Subsection (c), the [ |
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guardian as provided by Subsection (a-1) if: | ||
(1) sufficient grounds appear to support a belief that | ||
the guardian has misapplied, embezzled, or removed from the state, | ||
or is about to misapply, embezzle, or remove from the state, any of | ||
the property entrusted to the guardian's care; | ||
(2) the guardian fails to return any account or report | ||
that is required by law to be made; | ||
(3) the guardian fails to obey a proper order of the | ||
court that has jurisdiction with respect to the performance of the | ||
guardian's duties; | ||
(4) the guardian is proved to have been guilty of gross | ||
misconduct or mismanagement in the performance of the guardian's | ||
duties; | ||
(5) the guardian: | ||
(A) becomes incapacitated; | ||
(B) is sentenced to the penitentiary; or | ||
(C) from any other cause, becomes incapable of | ||
properly performing the duties of the guardian's trust; | ||
(6) the guardian has engaged in conduct with respect | ||
to the ward that would be considered to be abuse, neglect, or | ||
exploitation, as those terms are defined by Section 48.002, Human | ||
Resources Code, if engaged in with respect to an elderly person or | ||
[ |
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(7) the guardian neglects to educate or maintain the | ||
ward as liberally as the means of the ward's estate and the ward's | ||
ability or condition permit; | ||
(8) the guardian interferes with the ward's progress | ||
or participation in programs in the community; | ||
(9) the guardian fails to comply with the requirements | ||
of Subchapter G, Chapter 1104; | ||
(10) the court determines that, because of the | ||
dissolution of the joint guardians' marriage, the termination of | ||
the guardians' joint appointment and the continuation of only one | ||
of the joint guardians as the sole guardian is in the best interest | ||
of the ward; or | ||
(11) the guardian would be ineligible for appointment | ||
as a guardian under Subchapter H, Chapter 1104. | ||
(c) If there is probable cause to believe that a guardian is | ||
an incapacitated person, a court may, on the court's own motion or | ||
on complaint of an interested person, appoint an attorney ad litem | ||
to represent the ward's interests as provided by Section 1054.007 | ||
and a court investigator or guardian ad litem to investigate | ||
whether the guardian should be removed under Subsection (a)(5)(A). | ||
If the court determines it is necessary, the court may appoint the | ||
necessary physicians to examine the guardian to determine whether | ||
the guardian is an incapacitated person for purposes of Subsection | ||
(a)(5)(A). | ||
SECTION 2. The changes in law made by this Act apply to a | ||
guardianship created before, on, or after the effective date of | ||
this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |