81R14599 T
By: Hartnett H.B. No. 3112
A BILL TO BE ENTITLED
AN ACT
relating to determining the need for guardianship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.101, Human Resource Code, is amended
by adding Section 161.101(d) renumbering subsequent subsections
accordingly and is additionally amended to read as follows:
Sec. 161.101. GUARDIANSHIP SERVICES.
(b) The department shall conduct a thorough assessment of
the conditions and circumstances of an elderly or disabled person
referred to the department under Section 48.209(a)(2) for
guardianship services to determine whether a guardianship is
appropriate for the individual. In conducting the assessment of
the conditions and circumstances, the department must use the
current physician's certificate provided by Adult Protective
Services that complies with Section 687(a) of the Texas Probate
Code. The department may consider the investigation and findings
of Adult Protective Services concerning the elderly or disabled
person to determine whether a guardianship is appropriate. In
addition to the conditions and circumstances of the elderly or
disabled person, [In determining whether a guardianship is
appropriate,] the department may consider the person's resources
and funds available [to meet the needs of the disabled or elderly
person ] and resources and funds that the elderly or disabled person
may qualify for to determine whether a guardianship is appropriate.
The executive commissioner shall adopt rules for the administration
of this subsection.
(c) If after conducting an assessment of an elderly or
disabled person under Subsection (b) the department determines that
a guardianship is appropriate for the elderly or disabled person,
the department shall file an application under Section 682 or 875,
Texas Probate Code, to be appointed guardian of the person or
estate, or both, of the individual using the current physician's
certificate provided by Adult Protective Services. If after
conducting the assessment the department determines that a less
restrictive alternative to guardianship is available for the
elderly or disabled person, the department shall pursue the less
restrictive alternative instead of applying for appointment as the
person's guardian.
(d) Within 30 days of receiving a referral to the department
under Section 48.209(a) for guardianship services, the department
shall determine if a guardianship is appropriate or if there are
appropriate less restrictive alternatives. If guardianship is
appropriate, the department must file an application for
guardianship under Sections 682 or 875 of the Texas Probate Code
within that 30 day period.
SECTION 2. Section 48.209, Human Resource Code, is amended
by adding Section 48.209(b) and renumber subsequent subsections
accordingly:
(b) When the department refers an individual to the
Department of Aging and Disability Services for guardianship
services under Subchapter E, Chapter 161, the department shall
provide a current physician's certificate that complies with
Section 687(a) of the Texas Probate Code. The physician's
certificate must not expire within 31 days of the referral to the
Department of Aging and Disability Services.
SECTION 3. This Act takes effect September 1, 2009.