Texas Senate Bill SB1196

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/28/11
• Introduced: 3/4/11
• Voted on by Senate: 5/3/11
• Out of House Committee: 5/19/11
• Voted on by House: 5/23/11
• Engrossed: 5/3/11
• Governor Action: 6/17/11
• Refer: 5/4/11
• Report Pass: 5/13/11
• Enrolled: 5/27/11
• Passed: 6/17/11

Caption

Relating to guardianships and alternatives to guardianship for persons who have physical disabilities or who are incapacitated.

Impact

The bill will impact existing statutes regarding guardianship proceedings, allowing judges more discretion in determining suitable locations for hearings, thereby fostering an environment that better serves the interests of the individuals involved. Moreover, it modifies the framework for establishing and managing trusts for those deemed incapacitated, making provisions for their health, education, and maintenance to be addressed through these trusts without requiring continuous court oversight. As such, it aims to simplify the administrative processes and potentially reduce costs associated with guardianship while ensuring that the needs of the wards are prioritized.

Summary

SB1196 addresses the guardianship and alternatives to guardianship for individuals with physical disabilities or incapacitation. The bill proposes modifications to the Texas Probate Code, aiming to enhance the support structures available for such individuals. The changes are focused on improving the legal framework surrounding the appointment and duties of guardians, as well as expanding the options available to individuals with physical disabilities regarding their care and legal representation. This aligns with a broader goal of minimizing unnecessary guardianships and emphasizing alternatives such as trusts and guardianship-like structures.

Contention

Notable points of contention likely revolve around the adequacy of the proposed alternatives to traditional guardianship, including the concerns regarding the transparency and oversight of trusts established under this new framework. Critics may argue that the options provided do not sufficiently protect vulnerable individuals from potential abuse or mismanagement of their assets. Furthermore, debates may arise over how the implementation of these provisions could affect families and legal representatives of those with disabilities, particularly in contested cases where the definition of incapacity can sometimes be subjective.