Texas 2015 - 84th Regular

Texas Senate Bill SB1224 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10001 MTB-F
2	2	By: Schwertner S.B. No. 1224
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to guardianships for incapacitated persons.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1001.001(b), Estates Code, is amended to
10	10	read as follows:
11	11	(b) In creating a guardianship that gives a guardian limited
12	12	authority over an incapacitated person, the court shall design the
13	13	guardianship to encourage the development or maintenance of maximum
14	14	self-reliance and independence in the incapacitated person,
15	15	including allowing the incapacitated person to make personal
16	16	decisions regarding the person's residence.
17	17	SECTION 2. Chapter 1002, Estates Code, is amended by adding
18	18	Sections 1002.0015 and 1002.031 to read as follows:
19	19	Sec. 1002.0015. ALTERNATIVES TO GUARDIANSHIP.
20	20	"Alternatives to guardianship" includes the:
21	21	(1) execution of a medical power of attorney under
22	22	Chapter 166, Health and Safety Code;
23	23	(2) appointment of an attorney in fact or agent under a
24	24	durable power of attorney as provided by Subtitle P, Title 2;
25	25	(3) execution of a declaration for mental health
26	26	treatment under Chapter 137, Civil Practices and Remedies Code;
27	27	(4) appointment of a representative payee to manage
28	28	public benefits;
29	29	(5) establishment of a joint bank account;
30	30	(6) creation of a management trust under Chapter 1301;
31	31	(7) creation of a special needs trust;
32	32	(8) designation of a guardian before the need arises
33	33	under Subchapter E, Chapter 1104; and
34	34	(9) establishment of alternate forms of
35	35	decision-making based on person-centered planning.
36	36	Sec. 1002.031. SUPPORTS AND SERVICES. "Supports and
37	37	services" means available formal and informal resources and
38	38	assistance that enable an individual to:
39	39	(1) meet the individual's needs for food, clothing, or
40	40	shelter;
41	41	(2) care for the individual's physical or mental
42	42	health;
43	43	(3) manage the individual's financial affairs; or
44	44	(4) make personal decisions regarding residence,
45	45	voting, operating a motor vehicle, and marriage.
46	46	SECTION 3. Section 1002.015, Estates Code, is amended to
47	47	read as follows:
48	48	Sec. 1002.015. GUARDIANSHIP PROCEEDING. The term
49	49	"guardianship proceeding" means a matter or proceeding related to a
50	50	guardianship or any other matter covered by this title, including:
51	51	(1) the appointment of a guardian of a minor or other
52	52	incapacitated person, including an incapacitated adult for whom
53	53	another court obtained continuing, exclusive jurisdiction in a suit
54	54	affecting the parent-child relationship when the person was a
55	55	child;
56	56	(2) an application, petition, or motion regarding
57	57	guardianship or a substitute for [an alternative to] guardianship
58	58	under this title;
59	59	(3) a mental health action; and
60	60	(4) an application, petition, or motion regarding a
61	61	trust created under Chapter 1301.
62	62	SECTION 4. Section 1054.004, Estates Code, is amended by
63	63	amending Subsection (a) and adding Subsections (c) and (d) to read
64	64	as follows:
65	65	(a) An attorney ad litem appointed under Section 1054.001
66	66	shall interview the proposed ward within a reasonable time before
67	67	the hearing in the proceeding for the appointment of a
68	68	guardian. To the greatest extent possible, the attorney shall
69	69	discuss with the proposed ward:
70	70	(1) the law and facts of the case;
71	71	(2) the proposed ward's legal options regarding
72	72	disposition of the case; [and]
73	73	(3) the grounds on which guardianship is sought; and
74	74	(4) whether alternatives to guardianship would meet
75	75	the needs of the proposed ward and avoid the need for the
76	76	appointment of a guardian.
77	77	(c) Before the hearing, the attorney ad litem shall
78	78	investigate whether:
79	79	(1) a guardianship is necessary for the proposed ward;
80	80	and
81	81	(2) if the attorney ad litem determines that a
82	82	guardianship is necessary, specific powers or duties of the
83	83	guardian should be limited if the proposed ward receives supports
84	84	and services.
85	85	(d) If the attorney ad litem determines that a guardianship
86	86	is necessary, the attorney must certify to the court that the
87	87	guardianship is necessary and reasonable efforts have been made to
88	88	explore alternatives to guardianship and supports and services
89	89	available to the proposed ward that would avoid the need for the
90	90	appointment of a guardian.
91	91	SECTION 5. Section 1054.054, Estates Code, is amended by
92	92	adding Subsections (c) and (d) to read as follows:
93	93	(c) The guardian ad litem shall:
94	94	(1) investigate whether a guardianship is necessary
95	95	for the proposed ward; and
96	96	(2) evaluate alternatives to guardianship and
97	97	supports and services available to the proposed ward that would
98	98	avoid the need for appointment of a guardian.
99	99	(d) The information gathered by the guardian ad litem under
100	100	Subsection (c) is subject to examination by the court.
101	101	SECTION 6. Sections 1054.201(a) and (b), Estates Code, are
102	102	amended to read as follows:
103	103	(a) An attorney for an applicant for guardianship and a [A]
104	104	court-appointed attorney in a guardianship proceeding, including
105	105	an attorney ad litem, must be certified by the State Bar of Texas,
106	106	or a person or other entity designated by the state bar, as having
107	107	successfully completed a course of study in guardianship law and
108	108	procedure sponsored by the state bar or the state bar's designee.
109	109	(b) The State Bar of Texas shall require four [three] hours
110	110	of credit for certification under this subchapter, including one
111	111	hour on alternatives to guardianship and supports and services
112	112	available to proposed wards.
113	113	SECTION 7. Section 1101.001(b), Estates Code, is amended to
114	114	read as follows:
115	115	(b) The application must be sworn to by the applicant and
116	116	state:
117	117	(1) the proposed ward's name, sex, date of birth, and
118	118	address;
119	119	(2) the name, relationship, and address of the person
120	120	the applicant seeks to have appointed as guardian;
121	121	(3) whether guardianship of the person or estate, or
122	122	both, is sought;
123	123	(3-a) whether alternatives to guardianship and
124	124	available supports and services to avoid guardianship were
125	125	considered;
126	126	(3-b) whether any alternatives to guardianship and
127	127	supports and services available to the proposed ward considered are
128	128	feasible and would avoid the need for a guardianship;
129	129	(4) the nature and degree of the alleged incapacity,
130	130	the specific areas of protection and assistance requested, and the
131	131	limitation or termination of rights requested to be included in the
132	132	court's order of appointment, including a termination of:
133	133	(A) the right of a proposed ward who is 18 years
134	134	of age or older to vote in a public election; [and]
135	135	(B) the proposed ward's eligibility to hold or
136	136	obtain a license to operate a motor vehicle under Chapter 521,
137	137	Transportation Code; and
138	138	(C) the right of a proposed ward to make personal
139	139	decisions regarding residence;
140	140	(5) the facts requiring the appointment of a guardian;
141	141	(6) the interest of the applicant in the appointment
142	142	of a guardian;
143	143	(7) the nature and description of any kind of
144	144	guardianship existing for the proposed ward in any other state;
145	145	(8) the name and address of any person or institution
146	146	having the care and custody of the proposed ward;
147	147	(9) the approximate value and description of the
148	148	proposed ward's property, including any compensation, pension,
149	149	insurance, or allowance to which the proposed ward may be entitled;
150	150	(10) the name and address of any person whom the
151	151	applicant knows to hold a power of attorney signed by the proposed
152	152	ward and a description of the type of power of attorney;
153	153	(11) for a proposed ward who is a minor, the following
154	154	information if known by the applicant:
155	155	(A) the name of each of the proposed ward's
156	156	parents and either the parent's address or that the parent is
157	157	deceased;
158	158	(B) the name and age of each of the proposed
159	159	ward's siblings, if any, and either the sibling's address or that
160	160	the sibling is deceased; and
161	161	(C) if each of the proposed ward's parents and
162	162	adult siblings are deceased, the names and addresses of the
163	163	proposed ward's other living relatives who are related to the
164	164	proposed ward within the third degree by consanguinity and who are
165	165	adults;
166	166	(12) for a proposed ward who is a minor, whether the
167	167	minor was the subject of a legal or conservatorship proceeding in
168	168	the preceding two years and, if so:
169	169	(A) the court involved;
170	170	(B) the nature of the proceeding; and
171	171	(C) any final disposition of the proceeding;
172	172	(13) for a proposed ward who is an adult, the following
173	173	information if known by the applicant:
174	174	(A) the name of the proposed ward's spouse, if
175	175	any, and either the spouse's address or that the spouse is deceased;
176	176	(B) the name of each of the proposed ward's
177	177	parents and either the parent's address or that the parent is
178	178	deceased;
179	179	(C) the name and age of each of the proposed
180	180	ward's siblings, if any, and either the sibling's address or that
181	181	the sibling is deceased;
182	182	(D) the name and age of each of the proposed
183	183	ward's children, if any, and either the child's address or that the
184	184	child is deceased; and
185	185	(E) if there is no living spouse, parent, adult
186	186	sibling, or adult child of the proposed ward, the names and
187	187	addresses of the proposed ward's other living relatives who are
188	188	related to the proposed ward within the third degree by
189	189	consanguinity and who are adults;
190	190	(14) facts showing that the court has venue of the
191	191	proceeding; and
192	192	(15) if applicable, that the person whom the applicant
193	193	seeks to have appointed as a guardian is a private professional
194	194	guardian who is certified under Subchapter C, Chapter 155,
195	195	Government Code, and has complied with the requirements of
196	196	Subchapter G, Chapter 1104.
197	197	SECTION 8. Section 1101.101, Estates Code, is amended by
198	198	amending Subsection (a) and adding Subsection (c) to read as
199	199	follows:
200	200	(a) Before appointing a guardian for a proposed ward, the
201	201	court must:
202	202	(1) find by clear and convincing evidence that:
203	203	(A) the proposed ward is an incapacitated person;
204	204	(B) it is in the proposed ward's best interest to
205	205	have the court appoint a person as the proposed ward's guardian;
206	206	[and]
207	207	(C) the proposed ward's rights or property will
208	208	be protected by the appointment of a guardian;
209	209	(D) alternatives to guardianship that would
210	210	avoid the need for the appointment of a guardian have been
211	211	considered and determined not to be feasible; and
212	212	(E) supports and services available to the
213	213	proposed ward that would avoid the need for the appointment of a
214	214	guardian have been considered and determined not to be feasible;
215	215	and
216	216	(2) find by a preponderance of the evidence that:
217	217	(A) the court has venue of the case;
218	218	(B) the person to be appointed guardian is
219	219	eligible to act as guardian and is entitled to appointment, or, if
220	220	no eligible person entitled to appointment applies, the person
221	221	appointed is a proper person to act as guardian;
222	222	(C) if a guardian is appointed for a minor, the
223	223	guardianship is not created for the primary purpose of enabling the
224	224	minor to establish residency for enrollment in a school or school
225	225	district for which the minor is not otherwise eligible for
226	226	enrollment; and
227	227	(D) the proposed ward:
228	228	(i) is totally without capacity as provided
229	229	by this title to care for himself or herself and to manage his or her
230	230	property; or
231	231	(ii) lacks the capacity to do some, but not
232	232	all, of the tasks necessary to care for himself or herself or to
233	233	manage his or her property.
234	234	(c) A finding under Subsection (a)(2)(D)(ii) must
235	235	specifically state whether the proposed ward lacks the capacity,
236	236	with or without supports and services, to make personal decisions
237	237	regarding residence, voting, operating a motor vehicle, and
238	238	marriage.
239	239	SECTION 9. Section 1101.103(b), Estates Code, is amended to
240	240	read as follows:
241	241	(b) The letter or certificate must:
242	242	(1) describe the nature, degree, and severity of the
243	243	proposed ward's incapacity, including any functional deficits
244	244	regarding the proposed ward's ability to:
245	245	(A) handle business and managerial matters;
246	246	(B) manage financial matters;
247	247	(C) operate a motor vehicle;
248	248	(D) make personal decisions regarding residence,
249	249	voting, and marriage; and
250	250	(E) consent to medical, dental, psychological,
251	251	or psychiatric treatment;
252	252	(2) in providing a description under Subdivision (1)
253	253	regarding the proposed ward's ability to operate a motor vehicle
254	254	and make personal decisions regarding voting, state whether in the
255	255	physician's opinion the proposed ward:
256	256	(A) has the mental capacity to vote in a public
257	257	election; and
258	258	(B) has the ability to safely operate a motor
259	259	vehicle;
260	260	(3) provide an evaluation of the proposed ward's
261	261	physical condition and mental functioning [function] and summarize
262	262	the proposed ward's medical history if reasonably available;
263	263	(3-a) in providing an evaluation under Subdivision
264	264	(3), state whether improvement in the proposed ward's physical
265	265	condition and mental functioning is possible and, if so, state the
266	266	period after which the proposed ward should be reevaluated to
267	267	determine whether a guardianship continues to be necessary;
268	268	(4) state how or in what manner the proposed ward's
269	269	ability to make or communicate responsible decisions concerning
270	270	himself or herself is affected by the proposed ward's physical or
271	271	mental health, including the proposed ward's ability to:
272	272	(A) understand or communicate;
273	273	(B) recognize familiar objects and individuals;
274	274	(C) solve problems [perform simple
275	275	calculations];
276	276	(D) reason logically; and
277	277	(E) administer to daily life activities with and
278	278	without supports and services;
279	279	(5) state whether any current medication affects the
280	280	proposed ward's demeanor or the proposed ward's ability to
281	281	participate fully in a court proceeding;
282	282	(6) describe the precise physical and mental
283	283	conditions underlying a diagnosis of a mental disability, and state
284	284	whether the proposed ward would benefit from supports and services
285	285	that would allow the individual to live in the least restrictive
286	286	setting;
287	287	(6-a) state whether a guardianship is necessary for
288	288	the proposed ward and, if so, whether specific powers or duties of
289	289	the guardian should be limited if the proposed ward receives
290	290	supports and services; and
291	291	(7) include any other information required by the
292	292	court.
293	293	SECTION 10. Sections 1101.151(a) and (b), Estates Code, are
294	294	amended to read as follows:
295	295	(a) If it is found that the proposed ward is totally without
296	296	capacity to care for himself or herself, manage his or her property,
297	297	operate a motor vehicle, make personal decisions regarding
298	298	residence, and vote in a public election, the court may appoint a
299	299	guardian of the proposed ward's person or estate, or both, with full
300	300	authority over the incapacitated person except as provided by law.
301	301	(b) An order appointing a guardian under this section must
302	302	contain findings of fact and specify:
303	303	(1) the information required by Section 1101.153(a);
304	304	(2) that the guardian has full authority over the
305	305	incapacitated person;
306	306	(3) if necessary, the amount of funds from the corpus
307	307	of the person's estate the court will allow the guardian to spend
308	308	for the education and maintenance of the person under Subchapter A,
309	309	Chapter 1156;
310	310	(4) whether the person is totally incapacitated
311	311	because of a mental condition;
312	312	(5) that the person does not have the capacity to
313	313	operate a motor vehicle, make personal decisions regarding
314	314	residence, and [to] vote in a public election; and
315	315	(6) if it is a guardianship of the person of the ward
316	316	or of both the person and the estate of the ward, the rights of the
317	317	guardian with respect to the person as specified in Section
318	318	1151.051(c)(1).
319	319	SECTION 11. Sections 1101.152(a) and (b), Estates Code, are
320	320	amended to read as follows:
321	321	(a) If it is found that the proposed ward lacks the capacity
322	322	to do some, but not all, of the tasks necessary to care for himself
323	323	or herself or to manage his or her property with or without supports
324	324	and services, the court may appoint a guardian with limited powers
325	325	and permit the proposed ward to care for himself or herself,
326	326	including making personal decisions regarding residence, or to
327	327	manage his or her property commensurate with the proposed ward's
328	328	ability.
329	329	(b) An order appointing a guardian under this section must
330	330	contain findings of fact and specify:
331	331	(1) the information required by Section 1101.153(a);
332	332	(2) the specific powers, limitations, or duties of the
333	333	guardian with respect to the person's care or the management of the
334	334	person's property by the guardian;
335	335	(2-a) the specific rights and powers retained by the
336	336	person:
337	337	(A) with the necessity for supports and services;
338	338	and
339	339	(B) without the necessity for supports and
340	340	services;
341	341	(3) if necessary, the amount of funds from the corpus
342	342	of the person's estate the court will allow the guardian to spend
343	343	for the education and maintenance of the person under Subchapter A,
344	344	Chapter 1156; and
345	345	(4) whether the person is incapacitated because of a
346	346	mental condition and, if so, whether the person:
347	347	(A) retains the right to make personal decisions
348	348	regarding residence or vote in a public election; or
349	349	(B) maintains eligibility to hold or obtain a
350	350	license to operate a motor vehicle under Chapter 521,
351	351	Transportation Code.
352	352	SECTION 12. Section 1101.153, Estates Code, is amended by
353	353	adding Subsection (a-1) to read as follows:
354	354	(a-1) If the letter or certificate under Section
355	355	1101.103(b)(3-a) stated that improvement in the ward's physical
356	356	condition or mental functioning is possible and specified a period
357	357	of less than a year after which the ward should be reevaluated to
358	358	determine continued necessity for the guardianship, an order
359	359	appointing a guardian must include the date by which the guardian
360	360	must submit to the court an updated letter or certificate
361	361	containing the requirements of Section 1101.103(b).
362	362	SECTION 13. Section 1104.002, Estates Code, is amended to
363	363	read as follows:
364	364	Sec. 1104.002. PREFERENCE OF INCAPACITATED PERSON. Before
365	365	appointing a guardian, the court shall make a reasonable effort to
366	366	consider the incapacitated person's preference of the person to be
367	367	appointed guardian and, to the extent consistent with other
368	368	provisions of this title, shall give due consideration to the
369	369	preference indicated by the incapacitated person, regardless of
370	370	whether the person has designated by declaration a guardian before
371	371	the need arises under Subchapter E.
372	372	SECTION 14. Section 1151.051, Estates Code, is amended by
373	373	adding Subsection (e) to read as follows:
374	374	(e) Notwithstanding Subsection (c)(1) and except in cases
375	375	of emergency, a guardian of the person of a ward may only place the
376	376	ward in a more restrictive care facility if:
377	377	(1) the guardian files an application with the court;
378	378	(2) the guardian provides notice to any persons who
379	379	have requested notice; and
380	380	(3) the placement is authorized by court order.
381	381	SECTION 15. Sections 1202.001(b) and (c), Estates Code, are
382	382	amended to read as follows:
383	383	(b) A guardianship shall be settled and closed when the
384	384	ward:
385	385	(1) dies and, if the ward was married, the ward's
386	386	spouse qualifies as survivor in community;
387	387	(2) is found by the court to have full capacity, with
388	388	or without supports and services, to care for himself or herself and
389	389	to manage the ward's property;
390	390	(3) is no longer a minor; or
391	391	(4) no longer must have a guardian appointed to
392	392	receive funds due the ward from any governmental source.
393	393	(c) Except for an order issued under Section 1101.153(a-1),
394	394	an [An] order appointing a guardian or a successor guardian may
395	395	specify a period of not more than one year during which a petition
396	396	for adjudication that the ward no longer requires the guardianship
397	397	may not be filed without special leave.
398	398	SECTION 16. Section 1202.051, Estates Code, is amended to
399	399	read as follows:
400	400	Sec. 1202.051. APPLICATION AUTHORIZED. A ward or any
401	401	person interested in the ward's welfare may file a written
402	402	application with the court for an order:
403	403	(1) finding that the ward is no longer an
404	404	incapacitated person and ordering the settlement and closing of the
405	405	guardianship;
406	406	(2) finding that the ward lacks the capacity, with or
407	407	without supports and services, to do some or all of the tasks
408	408	necessary to provide food, clothing, or shelter for himself or
409	409	herself, to care for the ward's own physical health, or to manage
410	410	the ward's own financial affairs and granting additional powers or
411	411	duties to the guardian; or
412	412	(3) finding that the ward has the capacity, with or
413	413	without supports and services, to do some, but not all, of the tasks
414	414	necessary to provide food, clothing, or shelter for himself or
415	415	herself, to care for the ward's own physical health, or to manage
416	416	the ward's own financial affairs and:
417	417	(A) limiting the guardian's powers or duties; and
418	418	(B) permitting the ward to care for himself or
419	419	herself, make personal decisions regarding residence, or [to]
420	420	manage the ward's own financial affairs commensurate with the
421	421	ward's ability, with or without supports and services.
422	422	SECTION 17. Section 1202.151(a), Estates Code, is amended
423	423	to read as follows:
424	424	(a) Except as provided by Section 1202.201, at a hearing on
425	425	an application filed under Section 1202.051, the court shall
426	426	consider only evidence regarding the ward's mental or physical
427	427	capacity at the time of the hearing that is relevant to the complete
428	428	restoration of the ward's capacity or modification of the ward's
429	429	guardianship, including whether:
430	430	(1) the guardianship is necessary; and
431	431	(2) specific powers or duties of the guardian should
432	432	be limited if the ward receives supports and services.
433	433	SECTION 18. Section 1202.152(b), Estates Code, is amended
434	434	to read as follows:
435	435	(b) A letter or certificate presented under Subsection (a)
436	436	must:
437	437	(1) describe the nature and degree of incapacity,
438	438	including the medical history if reasonably available, or state
439	439	that, in the physician's opinion, the ward has the capacity, with or
440	440	without supports and services, to:
441	441	(A) provide food, clothing, and shelter for
442	442	himself or herself;
443	443	(B) care for the ward's own physical health; and
444	444	(C) manage the ward's financial affairs;
445	445	(2) provide a medical prognosis specifying the
446	446	estimated severity of any incapacity;
447	447	(3) state how or in what manner the ward's ability to
448	448	make or communicate responsible decisions concerning himself or
449	449	herself is affected by the ward's physical or mental health;
450	450	(4) state whether any current medication affects the
451	451	ward's demeanor or the ward's ability to participate fully in a
452	452	court proceeding;
453	453	(5) describe the precise physical and mental
454	454	conditions underlying a diagnosis of senility, if applicable; and
455	455	(6) include any other information required by the
456	456	court.
457	457	SECTION 19. Section 1202.153(c), Estates Code, is amended
458	458	to read as follows:
459	459	(c) Before limiting the powers granted to or duties required
460	460	to be performed by the guardian under an application filed under
461	461	Section 1202.051, the court must find by a preponderance of the
462	462	evidence that the current nature and degree of the ward's
463	463	incapacity, with or without supports and services, warrants a
464	464	modification of the guardianship and that some of the ward's rights
465	465	need to be restored, with or without supports and services.
466	466	SECTION 20. Section 1202.154(a), Estates Code, is amended
467	467	to read as follows:
468	468	(a) A court order entered with respect to an application
469	469	filed under Section 1202.051 to completely restore a ward's
470	470	capacity or modify a ward's guardianship must state:
471	471	(1) the guardian's name;
472	472	(2) the ward's name; [and]
473	473	(3) whether the type of guardianship being addressed
474	474	at the proceeding is a:
475	475	(A) guardianship of the person;
476	476	(B) guardianship of the estate; or
477	477	(C) guardianship of both the person and the
478	478	estate; and
479	479	(4) if applicable, any necessary supports and services
480	480	for the restoration of the ward's capacity or modification of the
481	481	guardianship.
482	482	SECTION 21. Section 1202.156, Estates Code, is amended to
483	483	read as follows:
484	484	Sec. 1202.156. ADDITIONAL REQUIREMENTS FOR ORDER MODIFYING
485	485	GUARDIANSHIP. If the court finds that a guardian's powers or
486	486	duties should be expanded or limited, the order modifying the
487	487	guardianship must contain findings of fact and specify, in addition
488	488	to the information required by Section 1202.154:
489	489	(1) the specific powers, limitations, or duties of the
490	490	guardian with respect to the care of the ward or the management of
491	491	the ward's property, as appropriate;
492	492	(2) the specific areas of protection and assistance to
493	493	be provided to the ward;
494	494	(3) any limitation of the ward's rights;
495	495	(4) if the ward's incapacity resulted from a mental
496	496	condition, whether the ward retains the right to vote and make
497	497	personal decisions regarding residence; and
498	498	(5) that the clerk shall modify the letters of
499	499	guardianship to the extent applicable to conform to the order.
500	500	SECTION 22. The heading to Subtitle I, Title 3, Estates
501	501	Code, is amended to read as follows:
502	502	SUBTITLE I. OTHER SPECIAL PROCEEDINGS AND SUBSTITUTES FOR
503	503	[ALTERNATIVES TO] GUARDIANSHIP
504	504	SECTION 23. (a) Except as otherwise provided by this
505	505	section, the changes in law made by this Act apply to:
506	506	(1) a guardianship created before, on, or after the
507	507	effective date of this Act; and
508	508	(2) an application for a guardianship pending on, or
509	509	filed on or after, the effective date of this Act.
510	510	(b) Sections 1054.004 and 1054.054, Estates Code, as
511	511	amended by this Act, apply only to a guardianship proceeding for
512	512	which a court has appointed a guardian ad litem or attorney ad litem
513	513	to represent the interests of a proposed ward on or after the
514	514	effective date of this Act.
515	515	(c) Sections 1054.201, 1101.101, 1101.103, 1101.151,
516	516	1101.152, and 1101.153, Estates Code, as amended by this Act, apply
517	517	only to a guardianship proceeding filed on or after the effective
518	518	date of this Act. A guardianship proceeding filed before the
519	519	effective date of this Act is governed by the law in effect on the
520	520	date the proceeding was filed, and the former law is continued in
521	521	effect for that purpose.
522	522	(d) Section 1101.001, Estates Code, as amended by this Act,
523	523	applies only to an application for the appointment of a guardian
524	524	filed on or after the effective date of this Act. An application
525	525	for the appointment of a guardian filed before the effective date of
526	526	this Act is governed by the law in effect on the date the
527	527	application was filed, and the former law is continued in effect for
528	528	that purpose.
529	529	(e) Section 1202.051, Estates Code, as amended by this Act,
530	530	applies only to an application for the restoration of a ward's
531	531	capacity or the modification of a ward's guardianship that is filed
532	532	on or after the effective date of this Act. An application for the
533	533	restoration of a ward's capacity or the modification of a ward's
534	534	guardianship that is filed before the effective date of this Act is
535	535	governed by the law in effect on the date the application was filed,
536	536	and the former law is continued in effect for that purpose.
537	537	(f) Sections 1202.151, 1202.152, 1202.153, 1202.154, and
538	538	1202.156, Estates Code, as amended by this Act, apply only to a
539	539	proceeding for the restoration of a ward's capacity or the
540	540	modification of a ward's guardianship that is filed on or after the
541	541	effective date of this Act. An application for the restoration of a
542	542	ward's capacity or the modification of a ward's guardianship that is
543	543	filed before the effective date of this Act is governed by the law
544	544	in effect on the date the application was filed, and the former law
545	545	is continued in effect for that purpose.
546	546	SECTION 24. This Act takes effect September 1, 2015.