Texas 2009 - 81st Regular

Texas Senate Bill SB1053 Compare Versions

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1	1	S.B. No. 1053
2	2
3	3
4	4	AN ACT
5	5	relating to the appointment or removal of guardians of
6	6	incapacitated persons.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 681, Texas Probate Code, is amended to
9	9	read as follows:
10	10	Sec. 681. PERSONS DISQUALIFIED TO SERVE AS GUARDIANS. A
11	11	person may not be appointed guardian if the person is:
12	12	(1) a minor;
13	13	(2) a person whose conduct is notoriously bad;
14	14	(3) an incapacitated person;
15	15	(4) a person who is a party or whose parent is a party
16	16	to a lawsuit concerning or affecting the welfare of the proposed
17	17	ward, unless the court:
18	18	(A) determines that the lawsuit claim of the
19	19	person who has applied to be appointed guardian is not in conflict
20	20	with the lawsuit claim of the proposed ward; or
21	21	(B) appoints a guardian ad litem to represent the
22	22	interests of the proposed ward throughout the litigation of the
23	23	ward's lawsuit claim;
24	24	(5) a person indebted to the proposed ward unless the
25	25	person pays the debt before appointment;
26	26	(6) a person asserting a claim adverse to the proposed
27	27	ward or the proposed ward's property, real or personal;
28	28	(7) a person who, because of inexperience, lack of
29	29	education, or other good reason, is incapable of properly and
30	30	prudently managing and controlling the ward or the ward's estate;
31	31	(8) a person, institution, or corporation found
32	32	unsuitable by the court;
33	33	(9) a person disqualified in a declaration made under
34	34	Section 679 of this code; [or]
35	35	(10) a nonresident person who has not filed with the
36	36	court the name of a resident agent to accept service of process in
37	37	all actions or proceedings relating to the guardianship; or
38	38	(11) a person who does not have the certification to
39	39	serve as guardian that is required by Section 697B of this code.
40	40	SECTION 2. Section 761, Texas Probate Code, is amended by
41	41	adding Subsection (c-1) to read as follows:
42	42	(c-1) In addition to the authority granted to the court
43	43	under Subsection (c) of this section, the court may, on the
44	44	complaint of the Guardianship Certification Board, remove a
45	45	guardian who would be ineligible for appointment under Section 681
46	46	of this code because of the guardian's failure to maintain the
47	47	certification required under Section 697B of this code. The
48	48	guardian shall be cited to appear and contest the request for
49	49	removal under this subsection in the manner provided by Subsection
50	50	(c) of this section.
51	51	SECTION 3. This Act takes effect September 1, 2009.
52	52	______________________________ ______________________________
53	53	President of the Senate Speaker of the House
54	54	I hereby certify that S.B. No. 1053 passed the Senate on
55	55	April 16, 2009, by the following vote: Yeas 31, Nays 0.
56	56	______________________________
57	57	Secretary of the Senate
58	58	I hereby certify that S.B. No. 1053 passed the House on
59	59	May 26, 2009, by the following vote: Yeas 144, Nays 0, two present
60	60	not voting.
61	61	______________________________
62	62	Chief Clerk of the House
63	63	Approved:
64	64	______________________________
65	65	Date
66	66	______________________________
67	67	Governor