Bill Text: TX SB1710 | 2017-2018 | 85th Legislature | Enrolled

Texas Senate Bill 1710 (Prior Session Legislation)

Bill Title: Relating to applications for the complete restoration of a ward's capacity or modification of a guardianship.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1710 Detail]

Download: Texas-2017-SB1710-Enrolled.html



	S.B. No. 1710




	AN ACT
	relating to applications for the complete restoration of a ward's
	capacity or modification of a guardianship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 1202.051, Estates Code, is amended to
	read as follows:
	Sec. 1202.051. APPLICATION AUTHORIZED.
	(a) Notwithstanding Section 1055.003, a [A] ward or any person
	interested in the ward's welfare may file a written application
	with the court for an order:
	(1) finding that the ward is no longer an
	incapacitated person and ordering the settlement and closing of the
	guardianship;
	(2) finding that the ward lacks the capacity, or lacks
	sufficient capacity with supports and services, to do some or all of
	the tasks necessary to provide food, clothing, or shelter for
	himself or herself, to care for the ward's own physical health, or
	to manage the ward's own financial affairs and granting additional
	powers or duties to the guardian; or
	(3) finding that the ward has the capacity, or
	sufficient capacity with supports and services, to do some, but not
	all, of the tasks necessary to provide food, clothing, or shelter
	for himself or herself, to care for the ward's own physical health,
	or to manage the ward's own financial affairs and:
	(A) limiting the guardian's powers or duties; and
	(B) permitting the ward to care for himself or
	herself, make personal decisions regarding residence, or manage the
	ward's own financial affairs commensurate with the ward's ability,
	with or without supports and services.
	(b) If the guardian of a ward who is the subject of an
	application filed under Subsection (a) has resigned, was removed,
	or has died, the court may not require the appointment of a
	successor guardian before considering the application.
	SECTION 2. Section 1202.054, Estates Code, is amended by
	adding Subsections (b-1) and (b-2) and amending Subsection (c) to
	read as follows:
	(b-1) A written letter or certificate from a physician as
	described by Section 1202.152 is not required before the
	appointment of the court investigator or a guardian ad litem under
	Subsection (b).
	(b-2) Not later than the 30th day after the date the court
	receives an informal letter from a ward under Subsection (a), the
	court shall send the ward a letter by certified mail:
	(1) acknowledging receipt of the informal letter; and
	(2) advising the ward of the date on which the court
	appointed the court investigator or guardian ad litem as required
	under Subsection (b) and the contact information for the court
	investigator or guardian ad litem.
	(c) The court investigator or guardian ad litem shall file
	with the court and provide to the ward a report of the
	investigation's findings and conclusions. If the court
	investigator or guardian ad litem determines that it is in the best
	interest of the ward to terminate or modify the guardianship, the
	court investigator or guardian ad litem shall file an application
	under Section 1202.051 on the ward's behalf.
	SECTION 3. (a) The changes in law made by this Act to
	Section 1202.051, Estates Code, apply to an application for the
	complete restoration of a ward's capacity or modification of a
	guardianship filed before, on, or after the effective date of this
	Act.
	(b) The changes in law made by this Act to Section 1202.054,
	Estates Code, apply only to a request by informal letter for a court
	order that is delivered on or after the effective date of this Act.
	A request by informal letter for a court order that is delivered
	before the effective date of this Act is governed by the law in
	effect on the date the informal letter was delivered, and the former
	law is continued in effect for that purpose.
	SECTION 4. This Act takes effect September 1, 2017.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 1710 passed the Senate on
	April 19, 2017, by the following vote: Yeas 30, Nays 1.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 1710 passed the House on
	May 23, 2017, by the following vote: Yeas 145, Nays 0, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor