By: Klick H.B. No. 2600
A BILL TO BE ENTITLED
AN ACT
relating to the determination of probable cause for a court to
ascertain whether a person is an incapacitated person for purposes
of the appointment of a guardian ad litem or court investigator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1102.002, Estate Code is amended to read
as follows:
To establish probable cause under Section 1102.001, the court
shall [may] require:
(1) an affidavit from an interested person that
alleges facts demonstrating that an individual is an incapacitated
person under Section 1002.017(2), Estate Code; and [an information
letter about the person believed to be incapacitated that is
submitted by an interested person and satisfies the requirements of
Section 1102.003; or]
(2) written letter or certificate from a physician who has
examined the person believed to be incapacitated that satisfies the
requirements of Section 1101.103, except that the letter must be
[.]
; and
(A) dated not earlier than the 120th day before the
date of the appointment of a guardian ad litem or court investigator
under Section 1102.001; and
(B) based on an examination the physician performed
not earlier than the 120th day before that date.
(3) a hearing, consistent with standards of due process,
that is held subsequent to the date of the physician's letter
referenced in subdivision (2), but not later than thirty (30) days
prior to the date of the appointment of a guardian ad litem, and
during which any interested person may submit oral or written
evidence regarding the condition of the person who is alleged to be
incapacitated.
SECTION 2. Section 1102.003, Estate Code is repealed.
SECTION 3. This Act takes effect January 1, 2014.