Bill Text: TX SB1325 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to authorizing counties to establish public guardians to serve as guardians for certain incapacitated persons.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB1325 Detail]
Download: Texas-2017-SB1325-Comm_Sub.html
By: Zaffirini | S.B. No. 1325 | |
(Thompson of Harris) | ||
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relating to authorizing counties to establish public guardians to | ||
serve as guardians for certain incapacitated persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 1002, Estates Code, is amended by adding | ||
Sections 1002.0215 and 1002.0265 to read as follows: | ||
Sec. 1002.0215. OFFICE OF PUBLIC GUARDIAN. "Office of | ||
public guardian" means an office of public guardian established by | ||
the commissioners court of a county under Subchapter G-1, Chapter | ||
1104. | ||
Sec. 1002.0265. PUBLIC GUARDIAN. "Public guardian" means a | ||
person: | ||
(1) appointed to administer an office of public | ||
guardian by the commissioners court of a county under Subchapter | ||
G-1, Chapter 1104; or | ||
(2) with which one or more counties enter into an | ||
agreement under Section 1104.327(a)(2) or (d). | ||
SECTION 2. Section 1104.251(a), Estates Code, is amended to | ||
read as follows: | ||
(a) An individual must be certified under Subchapter C, | ||
Chapter 155, Government Code, if the individual: | ||
(1) is a private professional guardian; | ||
(2) will represent the interests of a ward as a | ||
guardian on behalf of a private professional guardian; | ||
(3) is providing guardianship services to a ward of a | ||
guardianship program on the program's behalf, except as provided by | ||
Section 1104.254; [ |
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(4) is an employee of the Health and Human Services | ||
Commission [ |
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guardianship services to a ward of the commission; | ||
(5) is a public guardian; or | ||
(6) will represent the interests of a ward as a | ||
guardian on behalf of a public guardian [ |
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SECTION 3. Chapter 1104, Estates Code, is amended by adding | ||
Subchapter G-1 to read as follows: | ||
SUBCHAPTER G-1. PUBLIC GUARDIANS | ||
Sec. 1104.326. DEFINITION. In this subchapter, unless the | ||
context otherwise requires, "office" means an office of public | ||
guardian established under this subchapter. | ||
Sec. 1104.327. ESTABLISHMENT OF OFFICES; PUBLIC GUARDIANS. | ||
(a) The commissioners court of a county by order may: | ||
(1) create an office of public guardian to provide | ||
guardianship services to incapacitated persons described by | ||
Section 1104.334; or | ||
(2) enter into an agreement with a person operating a | ||
nonprofit guardianship program or private professional | ||
guardianship program located in the county or in an adjacent county | ||
to act as a public guardian by providing guardianship services to | ||
incapacitated persons described by Section 1104.334. | ||
(b) Subject to Subsection (c) and Section 1104.328, the | ||
commissioners court of a county shall appoint an individual as | ||
public guardian to administer the office of public guardian | ||
established under Subsection (a)(1) and may employ or authorize the | ||
public guardian to employ personnel necessary to perform the duties | ||
of the office, including personnel who will represent the interests | ||
of a ward as a guardian on behalf of the office if approved by the | ||
commissioners court. | ||
(c) The commissioners court of a county may appoint an | ||
individual as public guardian under Subsection (b) on a part-time | ||
basis with appropriate compensation if: | ||
(1) the commissioners court determines a full-time | ||
appointment does not serve the needs of the county; and | ||
(2) the individual who is appointed on a part-time | ||
basis is not employed in or does not hold another position that | ||
presents a conflict of interest. | ||
(d) The commissioners courts of two or more counties may | ||
collectively enter into an agreement: | ||
(1) to create and fund an office of public guardian for | ||
purposes of Subsection (a)(1) and to appoint the same individual as | ||
public guardian to that office under Subsection (b); or | ||
(2) with a person operating a guardianship program | ||
described by Subsection (a)(2) to serve as a public guardian for | ||
purposes of that subdivision. | ||
(e) An individual appointed as public guardian under | ||
Subsection (b) serves a term of five years. | ||
Sec. 1104.328. QUALIFICATIONS OF PUBLIC GUARDIAN. To be | ||
appointed as public guardian under Section 1104.327(b), an | ||
individual must: | ||
(1) be a licensed attorney or be certified under | ||
Subchapter C, Chapter 155, Government Code; and | ||
(2) have demonstrable guardianship experience. | ||
Sec. 1104.329. CONFLICT OF INTEREST. (a) Except as | ||
provided by Subsection (b), an office or public guardian must be | ||
independent from providers of services to wards and proposed wards | ||
and may not directly provide housing, medical, legal, or other | ||
direct, non-surrogate decision-making services to a ward or | ||
proposed ward, unless approved by the court. | ||
(b) An office or public guardian may provide money | ||
management services described by Section 531.125, Government Code, | ||
or other representative payee services to a ward or proposed ward. | ||
Sec. 1104.330. COMPENSATION. A person appointed or acting | ||
as public guardian under Section 1104.327 shall receive | ||
compensation as set by the commissioners court and is not entitled | ||
to compensation under Subchapter A, Chapter 1155, unless approved | ||
by the court. | ||
Sec. 1104.331. BOND REQUIREMENT. (a) A public guardian | ||
shall file with the court clerk a general bond in an amount fixed by | ||
the commissioners court payable to the county and issued by a surety | ||
company approved by the county judge. The bond must be conditioned | ||
on the faithful performance by the person of the person's duties | ||
and, if the public guardian administers an office, the office's | ||
duties. | ||
(b) The bond required by this section satisfies any bond | ||
required under Chapter 1105. | ||
Sec. 1104.332. VACANCY. If an individual appointed as | ||
public guardian under Section 1104.327(b) vacates the position, the | ||
commissioners court shall appoint, subject to Section 1104.328, an | ||
individual to serve as public guardian for the unexpired term. | ||
Sec. 1104.333. POWERS AND DUTIES. (a) An office or public | ||
guardian shall: | ||
(1) if applicable, evaluate the financial status of a | ||
proposed ward to determine whether the proposed ward is eligible to | ||
have the office or public guardian appointed guardian of the ward | ||
under Section 1104.334(a)(2)(A); and | ||
(2) serve as guardian of the person or of the estate of | ||
a ward, or both, on appointment by a court in accordance with the | ||
requirements of this title. | ||
(b) In connection with a financial evaluation under | ||
Subsection (a)(1) and on the request of an office or public | ||
guardian, a court with jurisdiction over the guardianship | ||
proceeding may order the release of public and private records, | ||
including otherwise confidential records, to the office or public | ||
guardian. | ||
(c) Notwithstanding Section 552.261, Government Code, a | ||
state agency may not charge an office or public guardian for | ||
providing the office or public guardian with a copy of public | ||
information requested from the agency by the office or public | ||
guardian. | ||
Sec. 1104.334. APPOINTMENT OF OFFICE OR PUBLIC GUARDIAN AS | ||
GUARDIAN. (a) In accordance with applicable law, including | ||
Subchapter C, Chapter 1101, a court may appoint an office or public | ||
guardian to serve as guardian of the person or of the estate of a | ||
ward, or both, if: | ||
(1) on the date the guardianship application is filed, | ||
the ward resides in or is located in the county served by the office | ||
or public guardian; and | ||
(2) the court finds that: | ||
(A) the ward does not have sufficient assets or | ||
other resources to pay a private professional guardian to serve as | ||
the ward's guardian; | ||
(B) the ward does not have a family member, | ||
friend, or other suitable person or entity willing and able to serve | ||
as the ward's guardian; or | ||
(C) the appointment of an office or public | ||
guardian is in the ward's best interest. | ||
(b) For purposes of Subsection (a)(2)(A), the determination | ||
of a ward's ability to pay a private professional guardian is | ||
dependent on: | ||
(1) the nature, extent, and liquidity of the ward's | ||
assets; | ||
(2) the ward's disposable net income, including income | ||
of a recipient of medical assistance that is used to pay expenses | ||
under Section 1155.202(a); | ||
(3) the nature of the guardianship; | ||
(4) the type, duration, and complexity of services | ||
required by the ward; and | ||
(5) additional, foreseeable expenses. | ||
(c) The number of appointments of an office under this | ||
section may not exceed 35 wards for each guardian representing the | ||
interests of wards on behalf of the office. | ||
(d) If each guardian representing the interests of wards on | ||
behalf of an office reaches the limitation provided by Subsection | ||
(c), the office shall immediately give notice to the courts. | ||
Sec. 1104.335. CONFIDENTIALITY AND DISCLOSURE OF | ||
INFORMATION. (a) All files, reports, records, communications, or | ||
working papers used or developed by an office or public guardian in | ||
the performance of duties relating to a financial evaluation under | ||
Section 1104.333(a)(1) or the provision of guardianship services | ||
are confidential and not subject to disclosure under Chapter 552, | ||
Government Code. | ||
(b) Confidential information may be disclosed only for a | ||
purpose consistent with this subchapter, as required by other state | ||
or federal law, or as necessary to enable an office or public | ||
guardian to exercise the powers and duties as guardian of the person | ||
or of the estate of a ward, or both. | ||
(c) A court on its own motion or on the motion of an | ||
interested person may order disclosure of confidential information | ||
only if: | ||
(1) a hearing on the motion is conducted; | ||
(2) notice of the hearing is served on the office or | ||
public guardian and each interested person; and | ||
(3) the court determines after the hearing and an in | ||
camera review of the information that disclosure is essential to | ||
the administration of justice and will not endanger the life or | ||
safety of any individual who: | ||
(A) is being assessed for guardianship services; | ||
(B) is a ward of the office or public guardian; or | ||
(C) provides services to a ward of the office or | ||
public guardian. | ||
(d) The Office of Court Administration of the Texas Judicial | ||
System shall establish policies and procedures for the exchange of | ||
information between offices, public guardians, and other | ||
appropriate governmental entities, as necessary for offices, | ||
public guardians, and governmental entities to properly execute | ||
their respective duties and responsibilities relating to | ||
guardianship services or other needed services for a ward. An | ||
exchange of information under this subsection does not constitute a | ||
release for purposes of waiving the confidentiality of the | ||
information exchanged. | ||
(e) To the extent consistent with policies and procedures | ||
adopted by an office or public guardian, the office or public | ||
guardian on request may release confidential information in the | ||
record of an individual who is a former ward of the office or public | ||
guardian to: | ||
(1) the individual; | ||
(2) the individual's guardian; or | ||
(3) an executor or administrator of the individual's | ||
estate. | ||
(f) Before releasing confidential information under | ||
Subsection (e), an office or public guardian shall edit the | ||
information to protect the identity of any individual whose life or | ||
safety may be endangered by the release. A release of information | ||
under Subsection (e) does not constitute a release for purposes of | ||
waiving the confidentiality of the information released. | ||
Sec. 1104.336. CERTAIN ADMINISTRATIVE COSTS. (a) If an | ||
office or public guardian is appointed guardian of the person or of | ||
the estate of a ward, or both, the administrative costs of the | ||
guardianship services provided to the ward may not be charged to the | ||
ward's estate unless the court determines, subject to Subsection | ||
(b), that the ward is financially able to pay all or part of the | ||
costs. | ||
(b) A court shall measure a ward's ability to pay for costs | ||
under Subsection (a) by whether the ward has sufficient assets or | ||
other resources to pay a private professional guardian to serve as | ||
the ward's guardian in accordance with Section 1104.334(b). | ||
Sec. 1104.337. OFFICE OF COURT ADMINISTRATION OF THE TEXAS | ||
JUDICIAL SYSTEM; REPORT. (a) Not later than December 1 of each | ||
even-numbered year, the Office of Court Administration of the Texas | ||
Judicial System shall submit a report to the governor and the | ||
legislature that contains an evaluation of public guardians | ||
established under this subchapter, including the establishment and | ||
operation of offices of public guardians under this subchapter and | ||
the provision of guardianship services by the offices. The report | ||
must include: | ||
(1) an analysis of costs and offsetting savings or | ||
other benefits to the state as a result of the establishment and | ||
operation of offices and public guardians under this subchapter; | ||
and | ||
(2) recommendations for legislation, if any. | ||
(b) If it is cost-effective and feasible, the Office of | ||
Court Administration of the Texas Judicial System may contract with | ||
an appropriate research or public policy entity with expertise in | ||
gerontology, disabilities, and public administration to conduct | ||
the analysis described by Subsection (a)(1). | ||
Sec. 1104.338. RULES. The supreme court, in consultation | ||
with the Office of Court Administration of the Texas Judicial | ||
System and the presiding judge of the statutory probate courts | ||
elected under Section 25.0022, Government Code, shall adopt rules | ||
necessary to implement this subchapter. | ||
SECTION 4. Section 1104.402(a), Estates Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 1104.403, 1104.404, or | ||
1104.406(a), the clerk of the county having venue of the proceeding | ||
for the appointment of a guardian shall obtain criminal history | ||
record information that is maintained by the Department of Public | ||
Safety or the Federal Bureau of Investigation identification | ||
division relating to: | ||
(1) a private professional guardian; | ||
(2) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of the private | ||
professional guardian; | ||
(3) each person employed by a private professional | ||
guardian who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; | ||
(4) each person employed by or volunteering or | ||
contracting with a guardianship program to provide guardianship | ||
services to a ward of the program on the program's behalf; [ |
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(5) a public guardian appointed under Section | ||
1104.327(b); | ||
(6) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of an office of | ||
public guardian; | ||
(7) each person employed by an office of public | ||
guardian who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; or | ||
(8) any other person proposed to serve as a guardian | ||
under this title, including a proposed temporary guardian and a | ||
proposed successor guardian, other than an attorney. | ||
SECTION 5. Section 1104.409, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1104.409. USE OF INFORMATION BY COURT. The court shall | ||
use the information obtained under this subchapter only in | ||
determining whether to: | ||
(1) appoint, remove, or continue the appointment of a | ||
private professional guardian, a guardianship program, an office of | ||
public guardian, or the Health and Human Services Commission | ||
[ |
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(2) appoint any other person proposed to serve as a | ||
guardian under this title, including a proposed temporary guardian | ||
and a proposed successor guardian, other than an attorney. | ||
SECTION 6. Section 1155.151(a-2), Estates Code, is amended | ||
to read as follows: | ||
(a-2) Notwithstanding any other law requiring the payment | ||
of court costs in a guardianship proceeding, the following are not | ||
required to pay court costs on the filing of or during a | ||
guardianship proceeding: | ||
(1) an attorney ad litem; | ||
(2) a guardian ad litem; | ||
(3) a person or entity who files an affidavit of | ||
inability to pay the costs under Rule 145, Texas Rules of Civil | ||
Procedure, that shows the person or entity is unable to afford the | ||
costs; | ||
(4) a nonprofit guardianship program; | ||
(5) a governmental entity, including an office of | ||
public guardian; and | ||
(6) a government agency or nonprofit agency providing | ||
guardianship services. | ||
SECTION 7. Section 1163.005(a), Estates Code, is amended to | ||
read as follows: | ||
(a) The guardian of the estate shall attach to an account | ||
the guardian's affidavit stating: | ||
(1) that the account contains a correct and complete | ||
statement of the matters to which the account relates; | ||
(2) that the guardian has paid the bond premium for the | ||
next accounting period; | ||
(3) that the guardian has filed all tax returns of the | ||
ward due during the accounting period; | ||
(4) that the guardian has paid all taxes the ward owed | ||
during the accounting period, the amount of the taxes, the date the | ||
guardian paid the taxes, and the name of the governmental entity to | ||
which the guardian paid the taxes; and | ||
(5) if the guardian is a private professional | ||
guardian, a guardianship program, an office of public guardian, or | ||
the Health and Human Services Commission [ |
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certified under Subchapter C, Chapter 155 [ |
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who is providing guardianship services to the ward and who is | ||
swearing to the account on the guardian's behalf, is or has been the | ||
subject of an investigation conducted by the Judicial Branch | ||
[ |
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accounting period. | ||
SECTION 8. Section 1163.101(c), Estates Code, is amended to | ||
read as follows: | ||
(c) The guardian of the person shall file a sworn affidavit | ||
that contains: | ||
(1) the guardian's current name, address, and | ||
telephone number; | ||
(2) the ward's date of birth and current name, address, | ||
telephone number, and age; | ||
(3) a description of the type of home in which the ward | ||
resides, which shall be described as: | ||
(A) the ward's own home; | ||
(B) a nursing home; | ||
(C) a guardian's home; | ||
(D) a foster home; | ||
(E) a boarding home; | ||
(F) a relative's home, in which case the | ||
description must specify the relative's relationship to the ward; | ||
(G) a hospital or medical facility; or | ||
(H) another type of residence; | ||
(4) statements indicating: | ||
(A) the length of time the ward has resided in the | ||
present home; | ||
(B) the reason for a change in the ward's | ||
residence, if a change in the ward's residence has occurred in the | ||
past year; | ||
(C) the date the guardian most recently saw the | ||
ward; | ||
(D) how frequently the guardian has seen the ward | ||
in the past year; | ||
(E) whether the guardian has possession or | ||
control of the ward's estate; | ||
(F) whether the ward's mental health has | ||
improved, deteriorated, or remained unchanged during the past year, | ||
including a description of the change if a change has occurred; | ||
(G) whether the ward's physical health has | ||
improved, deteriorated, or remained unchanged during the past year, | ||
including a description of the change if a change has occurred; | ||
(H) whether the ward has regular medical care; | ||
and | ||
(I) the ward's treatment or evaluation by any of | ||
the following persons during the past year, including the person's | ||
name and a description of the treatment: | ||
(i) a physician; | ||
(ii) a psychiatrist, psychologist, or other | ||
mental health care provider; | ||
(iii) a dentist; | ||
(iv) a social or other caseworker; or | ||
(v) any other individual who provided | ||
treatment; | ||
(5) a description of the ward's activities during the | ||
past year, including recreational, educational, social, and | ||
occupational activities, or a statement that no activities were | ||
available or that the ward was unable or refused to participate in | ||
activities; | ||
(6) the guardian's evaluation of: | ||
(A) the ward's living arrangements as excellent, | ||
average, or below average, including an explanation if the | ||
conditions are below average; | ||
(B) whether the ward is content or unhappy with | ||
the ward's living arrangements; and | ||
(C) unmet needs of the ward; | ||
(7) a statement indicating whether the guardian's | ||
power should be increased, decreased, or unaltered, including an | ||
explanation if a change is recommended; | ||
(8) a statement indicating that the guardian has paid | ||
the bond premium for the next reporting period; | ||
(9) if the guardian is a private professional | ||
guardian, a guardianship program, an office of public guardian, or | ||
the Health and Human Services Commission [ |
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certified under Subchapter C, Chapter 155, Government Code, who is | ||
providing guardianship services to the ward and who is filing the | ||
affidavit on the guardian's behalf, is or has been the subject of an | ||
investigation conducted by the Judicial Branch [ |
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Certification Commission [ |
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(10) any additional information the guardian desires | ||
to share with the court regarding the ward, including: | ||
(A) whether the guardian has filed for emergency | ||
detention of the ward under Subchapter A, Chapter 573, Health and | ||
Safety Code; and | ||
(B) if applicable, the number of times the | ||
guardian has filed for emergency detention and the dates of the | ||
applications for emergency detention. | ||
SECTION 9. Section 155.001, Government Code, is amended by | ||
amending Subdivisions (4) and (6) and adding Subdivisions (5-a) and | ||
(6-a) to read as follows: | ||
(4) "Guardianship program" means a local, county, or | ||
regional program, other than an office of public guardian, that | ||
provides guardianship and related services to an incapacitated | ||
person or other person who needs assistance in making decisions | ||
concerning the person's own welfare or financial affairs. | ||
(5-a) "Office of public guardian" has the meaning | ||
assigned by Section 1002.0215, Estates Code. | ||
(6) "Private professional guardian" means a person, | ||
other than an attorney, [ |
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public guardian, who is engaged in the business of providing | ||
guardianship services. | ||
(6-a) "Public guardian" has the meaning assigned by | ||
Section 1002.0265, Estates Code. | ||
SECTION 10. Section 155.101(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission shall adopt minimum standards for: | ||
(1) the provision of guardianship services or other | ||
similar but less restrictive types of assistance or services by: | ||
(A) guardianship programs; and | ||
(B) private professional guardians; [ |
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(2) the provision of guardianship services by the | ||
Health and Human Services Commission; and | ||
(3) the provision of guardianship services by offices | ||
of public guardians [ |
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SECTION 11. Section 155.102(a), Government Code, is amended | ||
to read as follows: | ||
(a) To provide guardianship services in this state, the | ||
following individuals must hold a certificate issued under this | ||
section: | ||
(1) an individual who is a private professional | ||
guardian; | ||
(2) an individual who will provide those services to a | ||
ward of a private professional guardian on the guardian's behalf; | ||
[ |
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(3) an individual, other than a volunteer, who will | ||
provide those services or other services under Section 161.114, | ||
Human Resources Code, to a ward of a guardianship program or the | ||
Health and Human Services Commission [ |
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[ |
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(4) an individual who is a public guardian; and | ||
(5) an individual who will provide those services to a | ||
ward of an office of public guardian. | ||
SECTION 12. Section 155.105, Government Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) Not later than January 31 of each year, each office of | ||
public guardian shall provide to the commission a report containing | ||
for the preceding year: | ||
(1) the number of wards served by the office; | ||
(2) the total amount of any money received from this | ||
state for the provision of guardianship services; and | ||
(3) the amount of money received from any other public | ||
source, including a county or the federal government, for the | ||
provision of guardianship services, reported by source, and the | ||
total amount of money received from those public sources. | ||
SECTION 13. Section 411.1386(a), Government Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsections (a-1), (a-5), and | ||
(a-6), the clerk of the county having venue over a proceeding for | ||
the appointment of a guardian under Title 3, Estates Code, shall | ||
obtain from the department criminal history record information | ||
maintained by the department that relates to: | ||
(1) a private professional guardian; | ||
(2) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of the private | ||
professional guardian; | ||
(3) each person employed by a private professional | ||
guardian who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; | ||
(4) each person employed by or volunteering or | ||
contracting with a guardianship program to provide guardianship | ||
services to a ward of the program on the program's behalf; [ |
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(5) a public guardian, as defined by Section | ||
1002.0265(1), Estates Code; | ||
(6) each person who represents or plans to represent | ||
the interests of a ward as a guardian on behalf of an office of | ||
public guardian; | ||
(7) each person employed by an office of public | ||
guardian, as defined by Section 1002.0215, Estates Code, who will: | ||
(A) have personal contact with a ward or proposed | ||
ward; | ||
(B) exercise control over and manage a ward's | ||
estate; or | ||
(C) perform any duties with respect to the | ||
management of a ward's estate; or | ||
(8) any other person proposed to serve as a guardian | ||
under Title 3, Estates Code, including a proposed temporary | ||
guardian and a proposed successor guardian, other than an attorney. | ||
SECTION 14. Section 161.103, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 161.103. CONTRACT FOR GUARDIANSHIP SERVICES. (a) If | ||
appropriate, the commission [ |
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political subdivision of this state, a guardianship program as | ||
defined by Section 1002.016, Estates Code, a private agency, or | ||
another state agency for the provision of guardianship services | ||
under this section. | ||
(b) A contract under Subsection (a) may allow for the | ||
provision of guardianship services by an office of public guardian, | ||
as defined by Section 1002.0215, Estates Code. | ||
SECTION 15. Not later than January 1, 2018, the supreme | ||
court shall adopt rules necessary to implement Subchapter G-1, | ||
Chapter 1104, Estates Code, as added by this Act, including rules | ||
governing the transfer of a guardianship of the person or of the | ||
estate of a ward, or both, if appropriate, to an office of public | ||
guardian established under that subchapter or a public guardian | ||
contracted under that subchapter. | ||
SECTION 16. (a) The changes in law made by this Act apply | ||
only to the appointment of a guardian of the person or of the estate | ||
of a ward, or both, made on or after July 1, 2018. | ||
(b) Notwithstanding any other law, a person who, | ||
immediately before July 1, 2018, is serving as guardian of the | ||
person or of the estate of a ward, or both, who, under Section | ||
1104.334, Estates Code, as added by this Act, would be eligible for | ||
appointment of an office of public guardian as the ward's guardian, | ||
may continue to serve as guardian of the person or of the estate of | ||
the ward, or both, unless otherwise removed as provided by law. | ||
SECTION 17. This Act takes effect September 1, 2017. |