Bill Text: TX SB1882 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a bill of rights for wards under guardianship.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-19 - Effective immediately [SB1882 Detail]
Download: Texas-2015-SB1882-Comm_Sub.html
Bill Title: Relating to a bill of rights for wards under guardianship.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-19 - Effective immediately [SB1882 Detail]
Download: Texas-2015-SB1882-Comm_Sub.html
By: Zaffirini | S.B. No. 1882 | |
(Thompson of Harris) | ||
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relating to a bill of rights for wards under guardianship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 1151, Estates Code, is amended by adding | ||
Subchapter H to read as follows: | ||
SUBCHAPTER H. RIGHTS OF WARDS | ||
Sec. 1151.351. BILL OF RIGHTS FOR WARDS. (a) A ward has | ||
all the rights, benefits, responsibilities, and privileges granted | ||
by the constitution and laws of this state and the United States, | ||
except where specifically limited by a court-ordered guardianship | ||
or where otherwise lawfully restricted. | ||
(b) Unless a right is limited by a court or otherwise | ||
restricted by law, a ward has the right: | ||
(1) to have a copy of the guardianship order and | ||
letters of guardianship and contact information for the probate | ||
court that issued the order and letters; | ||
(2) to have a guardianship that encourages the | ||
development or maintenance of maximum self-reliance and | ||
independence in the ward with the eventual goal, if possible, of | ||
self-sufficiency; | ||
(3) to be treated with respect, consideration, and | ||
recognition of the ward's dignity and individuality; | ||
(4) to reside and receive support services in the most | ||
integrated setting, including home-based or other community-based | ||
settings, as required by Title II of the Americans with | ||
Disabilities Act (42 U.S.C. Section 12131 et seq.); | ||
(5) to consideration of the ward's current and | ||
previously stated personal preferences, desires, medical and | ||
psychiatric treatment preferences, religious beliefs, living | ||
arrangements, and other preferences and opinions; | ||
(6) to financial self-determination for all public | ||
benefits after essential living expenses and health needs are met | ||
and to have access to a monthly personal allowance; | ||
(7) to receive timely and appropriate health care and | ||
medical treatment that does not violate the ward's rights granted | ||
by the constitution and laws of this state and the United States; | ||
(8) to exercise full control of all aspects of life not | ||
specifically granted by the court to the guardian; | ||
(9) to control the ward's personal environment based | ||
on the ward's preferences; | ||
(10) to complain or raise concerns regarding the | ||
guardian or guardianship to the court, including living | ||
arrangements, retaliation by the guardian, conflicts of interest | ||
between the guardian and service providers, or a violation of any | ||
rights under this section; | ||
(11) to receive notice in the ward's native language, | ||
or preferred mode of communication, and in a manner accessible to | ||
the ward, of a court proceeding to continue, modify, or terminate | ||
the guardianship and the opportunity to appear before the court to | ||
express the ward's preferences and concerns regarding whether the | ||
guardianship should be continued, modified, or terminated; | ||
(12) to have a court investigator, guardian ad litem, | ||
or attorney ad litem appointed by the court to investigate a | ||
complaint received by the court from the ward or any person about | ||
the guardianship; | ||
(13) to participate in social, religious, and | ||
recreational activities, training, employment, education, | ||
habilitation, and rehabilitation of the ward's choice in the most | ||
integrated setting; | ||
(14) to self-determination in the substantial | ||
maintenance, disposition, and management of real and personal | ||
property after essential living expenses and health needs are met, | ||
including the right to receive notice and object about the | ||
substantial maintenance, disposition, or management of clothing, | ||
furniture, vehicles, and other personal effects; | ||
(15) to personal privacy and confidentiality in | ||
personal matters, subject to state and federal law; | ||
(16) to unimpeded, private, and uncensored | ||
communication and visitation with persons of the ward's choice, | ||
except that if the guardian determines that certain communication | ||
or visitation causes substantial harm to the ward: | ||
(A) the guardian may limit, supervise, or | ||
restrict communication or visitation, but only to the extent | ||
necessary to protect the ward from substantial harm; and | ||
(B) the ward may request a hearing to remove any | ||
restrictions on communication or visitation imposed by the guardian | ||
under Paragraph (A); | ||
(17) to petition the court and retain counsel of the | ||
ward's choice who holds a certificate required by Subchapter E, | ||
Chapter 1054, to represent the ward's interest for capacity | ||
restoration, modification of the guardianship, the appointment of a | ||
different guardian, or for other appropriate relief under this | ||
subchapter, including a transition to a supported decision-making | ||
agreement, except as limited by Section 1054.006; | ||
(18) to vote in a public election, marry, and retain a | ||
license to operate a motor vehicle, unless restricted by the court; | ||
(19) to personal visits from the guardian or the | ||
guardian's designee at least once every three months, but more | ||
often, if necessary, unless the court orders otherwise; | ||
(20) to be informed of the name, address, phone | ||
number, and purpose of Disability Rights Texas, an organization | ||
whose mission is to protect the rights of, and advocate for, persons | ||
with disabilities, and to communicate and meet with representatives | ||
of that organization; | ||
(21) to be informed of the name, address, phone | ||
number, and purpose of an independent living center, an area agency | ||
on aging, an aging and disability resource center, and the local | ||
mental health and intellectual and developmental disability | ||
center, and to communicate and meet with representatives from these | ||
agencies and organizations; | ||
(22) to be informed of the name, address, phone | ||
number, and purpose of the Judicial Branch Certification Commission | ||
and the procedure for filing a complaint against a certified | ||
guardian; | ||
(23) to contact the Department of Family and | ||
Protective Services to report abuse, neglect, exploitation, or | ||
violation of personal rights without fear of punishment, | ||
interference, coercion, or retaliation; and | ||
(24) to have the guardian, on appointment and on | ||
annual renewal of the guardianship, explain the rights delineated | ||
in this subsection in the ward's native language, or preferred mode | ||
of communication, and in a manner accessible to the ward. | ||
(c) This section does not supersede or abrogate other | ||
remedies existing in law. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |