Texas Senate Bill SB481

Texas 2011 - 82nd Regular

• Out of Senate Committee: 3/14/11
• Introduced: 2/1/11
• Voted on by Senate: 3/24/11
• Refer: 2/14/11
• Out of House Committee: 5/19/11
• Report Pass: 3/14/11
• Voted on by House: 5/23/11
• Engrossed: 3/24/11
• Governor Action: 6/17/11
• Refer: 4/28/11
• Report Pass: 5/16/11
• Enrolled: 5/23/11
• Passed: 6/17/11

Caption

Relating to the removal of a guardian of an incapacitated person ordered by a court.

Impact

The modifications in SB481 serve to clarify the legal framework surrounding guardian removal, which can significantly affect how courts handle such cases. By mandating that the court clerk issue a formal notice that includes specific details about the removal, the bill aims to foster transparency and due process. Moreover, the requirement for a prompt hearing on the guardian's application for reinstatement reinforces the idea that guardians have a right to defend their conduct and potentially regain their position if they have not engaged in wrongful behavior.

Summary

SB481 seeks to amend the Texas Probate Code regarding the process and requirements for the removal of guardians for incapacitated individuals. The primary focus of the bill is to enhance the procedural safeguards for both the wards and the guardians involved in these sensitive situations. The amendments introduce specific requirements for notice to be provided to guardians who have been removed, thus allowing them an opportunity to contest their removal within a set time frame. This ensures that the rights of the removed guardians are respected and that they are duly informed of the actions taken against them.

Contention

One notable aspect of contention surrounding SB481 could stem from the balance it seeks to strike between providing protections to incapacitated individuals and ensuring due process for guardians. Advocates for the bill argue that it safeguards the well-being of wards by ensuring that only appropriate individuals remain as guardians. However, critics may argue that the procedures outlined could complicate the removal process and potentially delay the appointment of more suitable guardians in urgent situations. As such, the bill invites discussion on the effectiveness of current guardianship laws and the necessary protections for all parties involved.