81R3163 CLG-F
By: Naishtat H.B. No. 2048
A BILL TO BE ENTITLED
AN ACT
relating to the appointment or removal of guardians of
incapacitated persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 681, Texas Probate Code, is amended to
read as follows:
Sec. 681. PERSONS DISQUALIFIED TO SERVE AS GUARDIANS. A
person may not be appointed guardian if the person is:
(1) a minor;
(2) a person whose conduct is notoriously bad;
(3) an incapacitated person;
(4) a person who is a party or whose parent is a party
to a lawsuit concerning or affecting the welfare of the proposed
ward, unless the court:
(A) determines that the lawsuit claim of the
person who has applied to be appointed guardian is not in conflict
with the lawsuit claim of the proposed ward; or
(B) appoints a guardian ad litem to represent the
interests of the proposed ward throughout the litigation of the
ward's lawsuit claim;
(5) a person indebted to the proposed ward unless the
person pays the debt before appointment;
(6) a person asserting a claim adverse to the proposed
ward or the proposed ward's property, real or personal;
(7) a person who, because of inexperience, lack of
education, or other good reason, is incapable of properly and
prudently managing and controlling the ward or the ward's estate;
(8) a person, institution, or corporation found
unsuitable by the court;
(9) a person disqualified in a declaration made under
Section 679 of this code; [or]
(10) a nonresident person who has not filed with the
court the name of a resident agent to accept service of process in
all actions or proceedings relating to the guardianship; or
(11) a person who does not have the certification to
serve as guardian that is required by Section 697B of this code.
SECTION 2. Section 761, Texas Probate Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) In addition to the authority granted to the court
under Subsection (c) of this section, the court may, on the
complaint of the Guardianship Certification Board, remove a
guardian who would be ineligible for appointment under Section 681
of this code because of the guardian's failure to maintain the
certification required under Section 697B of this code. The
guardian shall be cited to appear and contest the request for
removal under this subsection in the manner provided by Subsection
(c) of this section.
SECTION 3. This Act takes effect September 1, 2009.