Texas 2011 - 82nd Regular

Texas Senate Bill SB481 Compare Versions

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Old	New	Differences
1	1	By: Harris S.B. No. 481
2	2	(Jackson)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the removal of a guardian of an incapacitated person
8	8	ordered by a court.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 761, Texas Probate Code, is amended by
11	11	adding Subsection (a-1) to read as follows:
12	12	(a-1) The court clerk shall issue notice of an order
13	13	rendered by the court removing a guardian under Subsection (a)(1),
14	14	(2), (3), (4), (6), (7), or (8) of this section. The notice must:
15	15	(1) state the names of the ward and the removed
16	16	guardian;
17	17	(2) state the date the court signed the order of
18	18	removal;
19	19	(3) contain the following statement printed in
20	20	12-point bold font:
21	21	"If you have been removed from serving as guardian under
22	22	Section 761(a)(6) or (7), Texas Probate Code, you have the right to
23	23	contest the order of removal by filing an application with the court
24	24	for a hearing under Section 762, Texas Probate Code, to determine
25	25	whether you should be reinstated as guardian. The application must
26	26	be filed not later than the 30th day after the date the court signed
27	27	the order of removal.";
28	28	(4) contain as an attachment a copy of the order of
29	29	removal; and
30	30	(5) be personally served on the removed guardian not
31	31	later than the seventh day after the date the court signed the order
32	32	of removal.
33	33	SECTION 2. Subsections (a), (c), and (d), Section 762,
34	34	Texas Probate Code, are amended to read as follows:
35	35	(a) Not later than the 30th [10th] day after the date the
36	36	court signs the order of removal, a guardian [personal
37	37	representative] who is removed under Section 761(a)(6) [Subsection
38	38	(a)(6)] or (7)[, Section 761,] of this code may file an application
39	39	with the court for a hearing to determine whether the guardian
40	40	[personal representative] should be reinstated.
41	41	(c) The court shall hold a hearing on an application for
42	42	reinstatement under this section as soon as practicable after the
43	43	application is filed, but not later than the 60th day after the date
44	44	the court signed the order of removal. If, at the conclusion of the
45	45	[a] hearing [under this section], the court is satisfied by a
46	46	preponderance of the evidence that the applicant did not engage in
47	47	the conduct that directly led to the applicant's removal, the court
48	48	shall set aside an order appointing a successor guardian
49	49	[representative], if any, and shall enter an order reinstating the
50	50	applicant as guardian [personal representative] of the ward or
51	51	estate.
52	52	(d) If the court sets aside the appointment of a successor
53	53	guardian [representative] under this section, the court may require
54	54	the successor guardian [representative] to prepare and file, under
55	55	oath, an accounting of the estate and to detail the disposition the
56	56	successor has made of the property of the estate.
57	57	SECTION 3. The changes in law made by this Act to Sections
58	58	761 and 762, Texas Probate Code, apply only to a removal of a
59	59	guardian ordered by a court on or after the effective date of this
60	60	Act. A removal of a guardian ordered by a court before the
61	61	effective date of this Act is governed by the law in effect on the
62	62	date the order was rendered, and the former law is continued in
63	63	effect for that purpose.
64	64	SECTION 4. This Act takes effect September 1, 2011.