84R8449 KFF-D
By: Naishtat H.B. No. 3137
A BILL TO BE ENTITLED
AN ACT
relating to the use of unsworn declarations for filing certain
annual reports by guardians of the person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1163.101(c), Estates Code, 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;
(9) if the guardian is a private professional
guardian, a guardianship program, or the Department of Aging and
Disability Services, whether the guardian or an individual
certified under Subchapter C, Chapter 155 [111], Government Code,
who is providing guardianship services to the ward and who is filing
[swearing to] the affidavit on the guardian's behalf, is or has been
the subject of an investigation conducted by the Guardianship
Certification Board during the preceding 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 2. The heading to Section 1163.1011, Estates Code,
is amended to read as follows:
Sec. 1163.1011. USE OF UNSWORN DECLARATION IN LIEU OF SWORN
DECLARATION OR AFFIDAVIT FOR [ELECTRONIC] FILING [OF] ANNUAL
REPORT.
SECTION 3. Section 1163.1011(a), Estates Code, is amended
to read as follows:
(a) A guardian of the person who is required to file an
[files the] annual report under [required by] Section 1163.101
[electronically] with the court, including a guardian filing the
annual report electronically, may use an unsworn declaration made
as provided by this section instead of the [a written] sworn
declaration or affidavit required by Section 1163.101.
SECTION 4. The change in law made by this Act applies to a
guardianship created before, on, or after the effective date of
this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.