Texas House Bill HB3318

Texas 2021 - 87th Regular

Caption

Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

Impact

The implications of HB 3318 on state laws are significant as it modifies the Estates Code, particularly in the areas concerning the management and oversight of guardianships. By potentially allowing for the closure of guardianships when alternatives or supports are determined to be sufficient, the bill intends to promote independence for individuals previously subject to guardianship. This approach could decrease the number of individuals under court supervision, offering enhanced autonomy to wards and also streamlining the legal processes surrounding guardianship management.

Summary

House Bill 3318 aims to reform the guardianship process for incapacitated persons in Texas. It introduces provisions that focus on identifying alternatives to guardianship and emphasizes the need for appropriate supports and services that can assist individuals without necessitating full guardianship. The bill seeks to establish criteria under which current guardianships can be terminated if it is found that a ward's needs can be effectively managed without continued oversight by a guardian. Additionally, it includes mechanisms for the gradual transfer of guardianships between counties, while maintaining the rights and protections for wards throughout the process.

Contention

While the bill aims to modernize and enhance the guardianship process, it may face contention regarding the adequacy of supports and services provided in lieu of guardianship. Opponents may express concerns whether all individuals needing assistance will receive appropriate services and whether the termination of guardianships may be implemented too hastily without ensuring the individual's best interests. Furthermore, the requirement for comprehensive physician assessments before termination of custody could lead to debates over the interpretations of 'feasibility' pertaining to alternatives to guardianship, creating potential disparities in application across different judicial districts.