Texas House Bill HB3930

Texas 2015 - 84th Regular

Caption

Relating to the provision of care and treatment to certain incapacitated persons.

Impact

The implications of HB3930 extend significantly into how guardianship arrangements are managed. It seeks to ensure that guardians are actively engaged in the care processes of their wards by requiring monthly visits to the facilities where the wards reside. This change marks a shift toward more thorough oversight and accountability among guardians, intending to improve the quality of care rendered to incapacitated individuals. By enhancing the structure of guardianship, the bill aims to safeguard the rights and welfare of those unable to make decisions for themselves.

Summary

House Bill 3930 addresses the provision of care and treatment for incapacitated persons in Texas. The bill amends specific sections of the Estates Code, notably concerning the requirements for guardians of adults who are incapacitated. It mandates that guardians must apply for residential care on behalf of their wards only with their agreement, enhancing the ward's autonomy. Furthermore, it compels guardians to report on their wards' conditions regularly and ensures that they maintain open lines of communication regarding care, responding promptly to inquiries from various stakeholders involved in the ward's wellbeing.

Enactment

HB3930 specifies that its provisions apply to guardianships established both before and after its enactment, indicating a comprehensive approach to reforming guardianship practices statewide. The bill is designed to take effect immediately upon a two-thirds vote from elected members in each house, underscoring the urgency assigned to improving the standards of care for incapacitated persons.

Contention

There were discussions surrounding the balance between necessary oversight and potential overreach in guardianship decisions. Some stakeholders expressed concerns that increased requirements for guardians could impose additional burdens on those serving in this capacity, potentially discouraging individuals from stepping into guardianship roles. Others argued that this bill merely formalizes reasonable expectations for guardians and promotes better outcomes for incapacitated individuals, ensuring that their needs and preferences are prioritized.