Texas House Bill HB3112

Texas 2009 - 81st Regular

• Out of House Committee: 5/11/09
• Voted on by House: 5/17/09
• Out of Senate Committee: 5/21/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the referral of an elderly or disabled person to the Department of Aging and Disability Services and the determination by that agency of the need for a guardianship for that person.

Impact

Upon enactment, HB 3112 would modify the Human Resource Code, specifically enhancing the processes relating to guardianship services. Importantly, it lays out a clear timeline, requiring the department to complete its assessment within 30 days of referral. If the assessment indicates a guardianship is necessary, DADS is responsible for applying to be appointed as guardian within the stipulated timeframe. The bill emphasizes the necessity of considering less restrictive options before resorting to guardianship, thereby aiming to protect the rights and autonomy of the elderly and disabled individuals.

Summary

House Bill 3112 addresses the process of determining the need for guardianship for elderly or disabled individuals. The bill mandates a thorough assessment by the Department of Aging and Disability Services (DADS) to evaluate the circumstances surrounding a referral for guardianship services. This assessment must utilize a current physician's certificate and consider findings from Adult Protective Services, resources of the individual, and potential less restrictive alternatives to guardianship. The bill establishes a procedural framework to ensure that decisions about guardianship are made systematically and with due consideration of individual circumstances.

Contention

One notable point of contention regarding HB 3112 revolves around the balance between ensuring protection for vulnerable individuals and the preservation of their autonomy. Advocates for the elderly and disabled may argue that guardianship can lead to a loss of individual rights and independence if not carefully regulated. Thus, while the bill strengthens the evaluative processes before establishing guardianship, there might be discussions on the adequacy of the assessment criteria and the agency's capacity to conduct thorough evaluations in a timely manner.