Bill Text: TX SB2939 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to certain mandatory training for guardians ad litem.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-04-07 - Referred to Jurisprudence [SB2939 Detail]
Download: Texas-2025-SB2939-Introduced.html
| By: Menéndez | S.B. No. 2939 | |
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| relating to certain mandatory training for guardians ad litem. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Add Section 1054.0541 of the Estates Code as | ||
| follows: | ||
| Sec. 1054.0541. TRAINING FOR GUARDIANS AD LITEM. (a) A | ||
| guardian ad litem appointed under Subchapter B of this Chapter to | ||
| represent the interests of an incapacitated person in a | ||
| guardianship proceeding shall complete at least 4.75 hours of | ||
| training relating to representing the interests of an incapacitated | ||
| person in a guardianship proceeding as described by Subsection (b) | ||
| and Subsection (c) as soon as practicable after the guardian ad | ||
| litem is appointed. A guardian ad litem is not required to comply | ||
| with this subsection if the court finds that the guardian ad litem | ||
| has experience equivalent to the required education. | ||
| (b) An individual who is qualified for appointment as an | ||
| guardian ad litem to represent the interests of an incapacitated | ||
| person in a guardianship proceeding must complete at least 4.75 | ||
| hours of training relating to the representation of the interests | ||
| of an incapacitated person in a guardianship proceeding every 2 | ||
| years before the anniversary date of the guardian ad litem's | ||
| appointment. | ||
| (c) The training required by Subsection (b) must be designed | ||
| to educate a guardian ad litem regarding the guardian ad litem's | ||
| duty to represent the interests of an incapacitated person in a | ||
| guardianship proceeding and include information regarding: | ||
| (1) basic principles of guardianship law, including | ||
| the duties and responsibilities of a guardian ad litem; | ||
| (2) understanding the responsibilities of a guardian | ||
| ad litem in protecting the interests of the person subject to | ||
| the guardianship; | ||
| (3) the ethical obligations of a guardian ad litem, | ||
| including the duty to act in the best interests of the person | ||
| subject to the guardianship, avoiding conflicts of interest, | ||
| and ensuring impartiality; | ||
| (4) techniques for interviewing and communicating | ||
| with individuals subject to guardianship, as well as their | ||
| family members and other parties involved in the case; | ||
| (5) an overview of mental health, cognitive | ||
| impairments, and other medical conditions that may be | ||
| relevant in guardianship cases; | ||
| (6) guidance on how to assess the needs and best | ||
| interests of individuals subject to guardianship, including | ||
| the consideration of less restrictive alternatives to | ||
| guardianship when appropriate; and | ||
| (7) familiarization with the procedural aspects of | ||
| guardianship hearings, including the submission of reports | ||
| and testifying in court. | ||
| (d) The training required by Subsections (b) must: | ||
| (1) be low-cost and available to persons throughout this | ||
| state, including on the Internet; and | ||
| (2) focus on the duties of a guardian ad litem in, and the | ||
| procedures of and best practices for, representing the interests of | ||
| an incapacitated person in a guardianship proceeding. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
