Texas Senate Bill SB286

Texas 2011 - 82nd Regular

• Filed: 12/21/10
• Out of Senate Committee: 3/14/11
• Introduced: 12/21/10
• Voted on by Senate: 3/24/11
• Refer: 1/31/11
• Out of House Committee: 5/21/11
• Report Pass: 3/14/11
• Voted on by House: 5/25/11
• Refer: 3/30/11
• Report Pass: 5/20/11

Caption

Relating to attorney's fees and other costs in guardianship proceedings.

Impact

The proposed legislation will significantly affect the financial dynamics of guardianship proceedings. By allowing courts to authorize fees from county treasuries when the estate is insufficient, SB286 aims to ensure that necessary legal representation is available for applicants. This change is expected to make the guardianship process less burdensome for individuals needing to secure guardianship for loved ones, ultimately fostering a more equitable legal environment for vulnerable populations.

Summary

SB286 is aimed at addressing the payment of attorney's fees and other costs in guardianship proceedings within Texas. The bill proposes amendments to the Texas Probate Code, particularly Section 665B, which outlines how these fees can be authorized by courts during guardianship creation or management trust proceedings. It allows for better financial support for attorneys working on behalf of those seeking guardianship, ensuring they can be compensated even if the ward's estate lacks sufficient funds.

Contention

As with many legal reforms, there are concerns regarding the implications of SB286. Critics could argue that the potential use of county funds may lead to fiscal strain on local budgets. There may also be discussions about the accountability and oversight of attorney compensation, ensuring that fees are fair and just. Additionally, the requirement for applicants to act in good faith to receive fee authorization could spark debates around the interpretation of 'good faith' in the context of guardianship applications, potentially leading to varied outcomes.