Texas Senate Bill SB1622

Texas 2015 - 84th Regular

Caption

Relating to payment and reimbursement of court costs in a guardianship proceeding.

Impact

One significant change proposed by SB1622 is the exemption from court costs for certain parties involved in guardianship cases. Specifically, attorneys and guardians ad litem, as well as individuals or entities filing an affidavit of inability to pay, will not be required to cover these costs upfront. This change can alleviate financial pressures on those involved and potentially broaden access to legal representation in guardianship matters, fostering a more inclusive process for vulnerable populations who may require guardianship.

Summary

Senate Bill 1622 addresses the issues surrounding the payment and reimbursement of court costs in guardianship proceedings within the state of Texas. The bill amends Section 1155.151 of the Texas Estates Code by clarifying how costs associated with guardians ad litem, attorneys ad litem, court visitors, mental health professionals, and interpreters should be determined and managed. It aims to ensure that costs are deemed 'equitable and just' by the court, thus providing a more structured guideline for financial responsibilities during guardianship cases.

Conclusion

The bill mandates that any costs incurred that are exempt from immediate payment should be reimbursed from the guardianship estate when there are sufficient assets. This ensures that if funds become available after a guardianship is established, those costs can be recouped appropriately. The overall changes presented in SB1622 are set to take effect on September 1, 2015, and they pertain only to guardianship proceedings filed after this date.

Contention

While the intention of SB1622 may be to enhance fairness and accessibility in guardianship proceedings, there could be contention regarding how the new cost management system may affect funding for court services. Critics might argue that significant reliance on guardianship estates or county treasuries for cost recovery may strain public resources or undermine the sustainability of guardianship services. Additionally, concerns may arise about ensuring that courts can effectively cover their operating costs without placing too much burden on guardianship estates or other entities involved.