83R3753 CLG-D
By: Naishtat H.B. No. 2412
A BILL TO BE ENTITLED
AN ACT
relating to notice and reporting of investigations of certified
guardians conducted by the Guardianship Certification Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 1163.005, Estates Code,
as effective January 1, 2014, is amended to read as follows:
Sec. 1163.005. VERIFICATION OF ACCOUNT AND STATEMENT
REGARDING TAXES AND STATUS AS GUARDIAN.
SECTION 2. Section 1163.005(a), Estates Code, as effective
January 1, 2014, is amended to read as follows:
(a) The guardian of the estate shall attach to an account
the guardian's affidavit stating:
(1) that the account contains a correct and complete
statement of the matters to which the account relates;
(2) that the guardian has paid the bond premium for the
next accounting period;
(3) that the guardian has filed all tax returns of the
ward due during the accounting period; [and]
(4) that the guardian has paid all taxes the ward owed
during the accounting period, the amount of the taxes, the date the
guardian paid the taxes, and the name of the governmental entity to
which the guardian paid the taxes; and
(5) if the guardian is certified under Subchapter C,
Chapter 111, Government Code, whether the guardian is or has been
the subject of an investigation conducted by the Guardianship
Certification Board during the accounting period.
SECTION 3. Section 1163.101(c), Estates Code, as effective
January 1, 2014, is amended to read as follows:
(c) The guardian of the person shall file a sworn affidavit
that contains:
(1) the guardian's current name, address, and
telephone number;
(2) the ward's date of birth and current name, address,
telephone number, and age;
(3) a description of the type of home in which the ward
resides, which shall be described as:
(A) the ward's own home;
(B) a nursing home;
(C) a guardian's home;
(D) a foster home;
(E) a boarding home;
(F) a relative's home, in which case the
description must specify the relative's relationship to the ward;
(G) a hospital or medical facility; or
(H) another type of residence;
(4) statements indicating:
(A) the length of time the ward has resided in the
present home;
(B) the reason for a change in the ward's
residence, if a change in the ward's residence has occurred in the
past year;
(C) the date the guardian most recently saw the
ward;
(D) how frequently the guardian has seen the ward
in the past year;
(E) whether the guardian has possession or
control of the ward's estate;
(F) whether the ward's mental health has
improved, deteriorated, or remained unchanged during the past year,
including a description of the change if a change has occurred;
(G) whether the ward's physical health has
improved, deteriorated, or remained unchanged during the past year,
including a description of the change if a change has occurred;
(H) whether the ward has regular medical care;
and
(I) the ward's treatment or evaluation by any of
the following persons during the past year, including the person's
name and a description of the treatment:
(i) a physician;
(ii) a psychiatrist, psychologist, or other
mental health care provider;
(iii) a dentist;
(iv) a social or other caseworker; or
(v) any other individual who provided
treatment;
(5) a description of the ward's activities during the
past year, including recreational, educational, social, and
occupational activities, or a statement that no activities were
available or that the ward was unable or refused to participate in
activities;
(6) the guardian's evaluation of:
(A) the ward's living arrangements as excellent,
average, or below average, including an explanation if the
conditions are below average;
(B) whether the ward is content or unhappy with
the ward's living arrangements; and
(C) unmet needs of the ward;
(7) a statement indicating whether the guardian's
power should be increased, decreased, or unaltered, including an
explanation if a change is recommended;
(8) a statement indicating that the guardian has paid
the bond premium for the next reporting period; [and]
(9) if the guardian is certified under Subchapter C,
Chapter 111, Government Code, a statement indicating whether the
guardian is or has been the subject of an investigation conducted by
the Guardianship Certification Board during the past year; and
(10) any additional information the guardian desires
to share with the court regarding the ward, including:
(A) whether the guardian has filed for emergency
detention of the ward under Subchapter A, Chapter 573, Health and
Safety Code; and
(B) if applicable, the number of times the
guardian has filed for emergency detention and the dates of the
applications for emergency detention.
SECTION 4. Subchapter C, Chapter 111, Government Code, is
amended by adding Section 111.045 to read as follows:
Sec. 111.045. NOTICE OF INVESTIGATION OF CERTIFIED
GUARDIAN. (a) Not later than the 30th day after the date the board
commences an investigation of a guardian who holds a certificate
issued under Section 111.042, the board shall notify each probate
court that has appointed the guardian as guardian of a person or
estate of the fact of the investigation.
(b) The board shall make available to a probate court on
request the name and address of each individual issued a
certificate under Section 111.042 who is the subject of a pending
investigation being conducted by the board.
SECTION 5. (a) Except as otherwise provided by this
section, this Act takes effect January 1, 2014.
(b) Section 111.045, Government Code, as added by this Act,
takes effect September 1, 2013.