Texas 2017 - 85th Regular

Texas House Bill HB3847 Compare Versions

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

Old	New	Differences
1	1	85R1508 MTB-F
2	2	By: Farrar H.B. No. 3847
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to guardianships, substitutes for guardianships, and
8	8	durable powers of attorney for persons with disabilities or who are
9	9	incapacitated.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 751.052, Estates Code, is amended to
12	12	read as follows:
13	13	Sec. 751.052. RELATION OF ATTORNEY IN FACT OR AGENT TO
14	14	COURT-APPOINTED GUARDIAN OF ESTATE. (a) If, after execution of a
15	15	durable power of attorney, a court [of the principal's domicile]
16	16	appoints a temporary or permanent guardian of the estate for a ward
17	17	who is [of] the principal who executed the power of attorney, the
18	18	powers and authority granted to [of] the attorney in fact or agent
19	19	named in the power of attorney are automatically revoked on the
20	20	qualification of the guardian unless the court enters an order
21	21	that:
22	22	(1) affirms and states the effectiveness of the power
23	23	of attorney; and
24	24	(2) confirms the validity of the appointment of the
25	25	named attorney in fact or agent [terminate on the qualification of
26	26	the guardian of the estate].
27	27	(b) If the powers and authority of an [The] attorney in fact
28	28	or agent are revoked as provided by Subsection (a), the attorney in
29	29	fact or agent shall:
30	30	(1) deliver to the guardian of the estate all assets of
31	31	the ward's estate that are in the possession of the attorney in fact
32	32	or agent; and
33	33	(2) account to the guardian of the estate as the
34	34	attorney in fact or agent would account to the principal if the
35	35	principal had terminated the powers of the attorney in fact or
36	36	agent.
37	37	[(b) If, after execution of a durable power of attorney, a
38	38	court of the principal's domicile appoints a temporary guardian of
39	39	the estate of the principal, the court may suspend the powers of the
40	40	attorney in fact or agent on the qualification of the temporary
41	41	guardian of the estate until the date the term of the temporary
42	42	guardian expires. This subsection may not be construed to prohibit
43	43	the application for or issuance of a temporary restraining order
44	44	under applicable law.]
45	45	SECTION 2. Section 751.054(a), Estates Code, is amended to
46	46	read as follows:
47	47	(a) The revocation by, the death of, or the qualification of
48	48	a temporary or permanent guardian of the estate of a principal who
49	49	has executed a durable power of attorney or the removal of an
50	50	attorney in fact or agent under Chapter 753 does not revoke or
51	51	terminate the agency as to the attorney in fact, agent, or other
52	52	person who acts in good faith under or in reliance on the power
53	53	without actual knowledge of the termination of the power by:
54	54	(1) the revocation;
55	55	(2) the principal's death; [or]
56	56	(3) the qualification of a guardian of the estate of
57	57	the principal; or
58	58	(4) the attorney in fact's or agent's removal.
59	59	SECTION 3. Section 751.055(a), Estates Code, is amended to
60	60	read as follows:
61	61	(a) As to an act undertaken in good-faith reliance on a
62	62	durable power of attorney, an affidavit executed by the attorney in
63	63	fact or agent under the durable power of attorney stating that the
64	64	attorney in fact or agent did not have, at the time the power was
65	65	exercised, actual knowledge of the termination of the power by
66	66	revocation, the principal's death, the principal's divorce or the
67	67	annulment of the principal's marriage if the attorney in fact or
68	68	agent was the principal's spouse, [or] the qualification of a
69	69	temporary or permanent guardian of the estate of the principal, or
70	70	the attorney in fact's or agent's removal, is conclusive proof as
71	71	between the attorney in fact or agent and a person other than the
72	72	principal or the principal's personal representative dealing with
73	73	the attorney in fact or agent of the nonrevocation or
74	74	nontermination of the power at that time.
75	75	SECTION 4. Section 752.051, Estates Code, is amended to
76	76	read as follows:
77	77	Sec. 752.051. FORM. The following form is known as a
78	78	"statutory durable power of attorney":
79	79	STATUTORY DURABLE POWER OF ATTORNEY
80	80	NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
81	81	THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,
82	82	TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE
83	83	POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT
84	84	AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS
85	85	FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO
86	86	DO SO.
87	87	You should select someone you trust to serve as your agent
88	88	(attorney in fact). Unless you specify otherwise, generally the
89	89	agent's (attorney in fact's) authority will continue until:
90	90	(1) you die or revoke the power of attorney;
91	91	(2) your agent (attorney in fact) resigns, is removed
92	92	by court order, or is unable to act for you; or
93	93	(3) a guardian is appointed for your estate.
94	94	I, __________ (insert your name and address), appoint
95	95	__________ (insert the name and address of the person appointed) as
96	96	my agent (attorney in fact) to act for me in any lawful way with
97	97	respect to all of the following powers that I have initialed below.
98	98	TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN
99	99	FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS
100	100	LISTED IN (A) THROUGH (M).
101	101	TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE
102	102	POWER YOU ARE GRANTING.
103	103	TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE
104	104	POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.
105	105	____ (A) Real property transactions;
106	106	____ (B) Tangible personal property transactions;
107	107	____ (C) Stock and bond transactions;
108	108	____ (D) Commodity and option transactions;
109	109	____ (E) Banking and other financial institution
110	110	transactions;
111	111	____ (F) Business operating transactions;
112	112	____ (G) Insurance and annuity transactions;
113	113	____ (H) Estate, trust, and other beneficiary transactions;
114	114	____ (I) Claims and litigation;
115	115	____ (J) Personal and family maintenance;
116	116	____ (K) Benefits from social security, Medicare, Medicaid,
117	117	or other governmental programs or civil or military service;
118	118	____ (L) Retirement plan transactions;
119	119	____ (M) Tax matters;
120	120	____ (N) ALL OF THE POWERS LISTED IN (A) THROUGH (M). YOU DO
121	121	NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU
122	122	INITIAL LINE (N).
123	123	SPECIAL INSTRUCTIONS:
124	124	Special instructions applicable to gifts (initial in front of
125	125	the following sentence to have it apply):
126	126	____ I grant my agent (attorney in fact) the power to apply my
127	127	property to make gifts outright to or for the benefit of a person,
128	128	including by the exercise of a presently exercisable general power
129	129	of appointment held by me, except that the amount of a gift to an
130	130	individual may not exceed the amount of annual exclusions allowed
131	131	from the federal gift tax for the calendar year of the gift.
132	132	ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
133	133	LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
134	134	________________________________________________________________
135	135	________________________________________________________________
136	136	________________________________________________________________
137	137	________________________________________________________________
138	138	________________________________________________________________
139	139	________________________________________________________________
140	140	________________________________________________________________
141	141	________________________________________________________________
142	142	________________________________________________________________
143	143	UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
144	144	EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
145	145	CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
146	146	ALTERNATIVE NOT CHOSEN:
147	147	(A) This power of attorney is not affected by my subsequent
148	148	disability or incapacity.
149	149	(B) This power of attorney becomes effective upon my
150	150	disability or incapacity.
151	151	YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
152	152	IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
153	153	IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
154	154	YOU CHOSE ALTERNATIVE (A).
155	155	If Alternative (B) is chosen and a definition of my
156	156	disability or incapacity is not contained in this power of
157	157	attorney, I shall be considered disabled or incapacitated for
158	158	purposes of this power of attorney if a physician certifies in
159	159	writing at a date later than the date this power of attorney is
160	160	executed that, based on the physician's medical examination of me,
161	161	I am mentally incapable of managing my financial affairs. I
162	162	authorize the physician who examines me for this purpose to
163	163	disclose my physical or mental condition to another person for
164	164	purposes of this power of attorney. A third party who accepts this
165	165	power of attorney is fully protected from any action taken under
166	166	this power of attorney that is based on the determination made by a
167	167	physician of my disability or incapacity.
168	168	I agree that any third party who receives a copy of this
169	169	document may act under it. Revocation of the durable power of
170	170	attorney is not effective as to a third party until the third party
171	171	receives actual notice of the revocation. I agree to indemnify the
172	172	third party for any claims that arise against the third party
173	173	because of reliance on this power of attorney.
174	174	If any agent named by me dies, becomes legally disabled,
175	175	resigns, [or] refuses to act, or is removed by court order, I name
176	176	the following (each to act alone and successively, in the order
177	177	named) as successor(s) to that agent: __________.
178	178	Signed this ______ day of __________, _____________
179	179	___________________________
180	180	(your signature)
181	181	State of _______________________
182	182	County of ______________________
183	183	This document was acknowledged before me on ____________(date) by
184	184	________________________
185	185	(name of principal)
186	186	______________________________
187	187	(signature of notarial officer)
188	188	(Seal, if any, of notary)
189	189	________________________________________
190	190	(printed name)
191	191	My commission expires: ______________
192	192	IMPORTANT INFORMATION FOR AGENT (ATTORNEY IN FACT)
193	193	Agent's Duties
194	194	When you accept the authority granted under this power of
195	195	attorney, you establish a "fiduciary" relationship with the
196	196	principal. This is a special legal relationship that imposes on you
197	197	legal duties that continue until you resign or the power of attorney
198	198	is terminated or revoked by the principal or by operation of law. A
199	199	fiduciary duty generally includes the duty to:
200	200	(1) act in good faith;
201	201	(2) do nothing beyond the authority granted in this
202	202	power of attorney;
203	203	(3) act loyally for the principal's benefit;
204	204	(4) avoid conflicts that would impair your ability to
205	205	act in the principal's best interest; and
206	206	(5) disclose your identity as an agent or attorney in
207	207	fact when you act for the principal by writing or printing the name
208	208	of the principal and signing your own name as "agent" or "attorney
209	209	in fact" in the following manner:
210	210	(Principal's Name) by (Your Signature) as Agent (or as
211	211	Attorney in Fact)
212	212	In addition, the Durable Power of Attorney Act (Subtitle P,
213	213	Title 2, Estates Code) requires you to:
214	214	(1) maintain records of each action taken or decision
215	215	made on behalf of the principal;
216	216	(2) maintain all records until delivered to the
217	217	principal, released by the principal, or discharged by a court; and
218	218	(3) if requested by the principal, provide an
219	219	accounting to the principal that, unless otherwise directed by the
220	220	principal or otherwise provided in the Special Instructions, must
221	221	include:
222	222	(A) the property belonging to the principal that
223	223	has come to your knowledge or into your possession;
224	224	(B) each action taken or decision made by you as
225	225	agent or attorney in fact;
226	226	(C) a complete account of receipts,
227	227	disbursements, and other actions of you as agent or attorney in fact
228	228	that includes the source and nature of each receipt, disbursement,
229	229	or action, with receipts of principal and income shown separately;
230	230	(D) a listing of all property over which you have
231	231	exercised control that includes an adequate description of each
232	232	asset and the asset's current value, if known to you;
233	233	(E) the cash balance on hand and the name and
234	234	location of the depository at which the cash balance is kept;
235	235	(F) each known liability;
236	236	(G) any other information and facts known to you
237	237	as necessary for a full and definite understanding of the exact
238	238	condition of the property belonging to the principal; and
239	239	(H) all documentation regarding the principal's
240	240	property.
241	241	Termination of Agent's Authority
242	242	You must stop acting on behalf of the principal if you learn
243	243	of any event that terminates this power of attorney or your
244	244	authority under this power of attorney. An event that terminates
245	245	this power of attorney or your authority to act under this power of
246	246	attorney includes:
247	247	(1) the principal's death;
248	248	(2) the principal's revocation of this power of
249	249	attorney or your authority;
250	250	(3) the occurrence of a termination event stated in
251	251	this power of attorney;
252	252	(4) if you are married to the principal, the
253	253	dissolution of your marriage by court decree of divorce or
254	254	annulment;
255	255	(5) the appointment and qualification of a temporary
256	256	or permanent guardian of the principal's estate unless a court
257	257	order provides otherwise; or
258	258	(6) if ordered by a court, your removal as agent
259	259	(attorney in fact) under this power of attorney [if ordered by a
260	260	court, the suspension of this power of attorney on the appointment
261	261	and qualification of a temporary guardian until the date the term of
262	262	the temporary guardian expires].
263	263	Liability of Agent
264	264	The authority granted to you under this power of attorney is
265	265	specified in the Durable Power of Attorney Act (Subtitle P, Title 2,
266	266	Estates Code). If you violate the Durable Power of Attorney Act or
267	267	act beyond the authority granted, you may be liable for any damages
268	268	caused by the violation or subject to prosecution for
269	269	misapplication of property by a fiduciary under Chapter 32 of the
270	270	Texas Penal Code.
271	271	THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
272	272	THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
273	273	RESPONSIBILITIES OF AN AGENT.
274	274	SECTION 5. Subtitle P, Title 2, Estates Code, is amended by
275	275	adding Chapter 753 to read as follows:
276	276	CHAPTER 753. REMOVAL OF ATTORNEY IN FACT OR AGENT
277	277	Sec. 753.001. PROCEDURE FOR REMOVAL. (a) The following
278	278	persons may file a petition under this section:
279	279	(1) any person named as a successor attorney in fact or
280	280	agent in a durable power of attorney; or
281	281	(2) if the person with respect to whom a guardianship
282	282	proceeding has been commenced is a principal who has executed a
283	283	durable power of attorney, any person interested in the
284	284	guardianship proceeding, including an attorney ad litem or guardian
285	285	ad litem.
286	286	(b) On the petition of a person described by Subsection (a),
287	287	a probate court, after a hearing, may enter an order to:
288	288	(1) remove a person named and serving as an attorney in
289	289	fact or agent under a durable power of attorney and, subject to
290	290	Subsection (d), authorize the appointment of a successor attorney
291	291	in fact or agent who is named in the durable power of attorney; and
292	292	(2) if compensation is allowed by the terms of the
293	293	durable power of attorney, deny all or part of the removed attorney
294	294	in fact's or agent's compensation.
295	295	(c) A court may enter an order under Subsection (b) if the
296	296	court finds:
297	297	(1) that the attorney in fact or agent has breached the
298	298	attorney in fact's or agent's fiduciary duties to the principal;
299	299	(2) that the attorney in fact or agent has materially
300	300	violated or attempted to violate the terms of the durable power of
301	301	attorney and the violation or attempted violation results in a
302	302	material financial loss to the principal;
303	303	(3) that the attorney in fact or agent is
304	304	incapacitated or is otherwise incapable of properly performing the
305	305	attorney in fact's or agent's duties;
306	306	(4) that the attorney in fact or agent has failed to
307	307	make an accounting:
308	308	(A) that is required by Section 751.104 or other
309	309	law or by the terms of the durable power of attorney; or
310	310	(B) as ordered by the court; or
311	311	(5) another cause for removal.
312	312	(d) The court may not authorize the appointment of a
313	313	successor attorney in fact or agent who is named in the durable
314	314	power of attorney under Subsection (b) unless the court enters a
315	315	finding that the person is qualified and capable of properly
316	316	performing the duties owed by the person to the principal under the
317	317	terms of the durable power of attorney and other applicable law.
318	318	Sec. 753.002. NOTICE TO THIRD PARTIES. Not later than the
319	319	21st day after the date the court enters an order removing an
320	320	attorney in fact or agent and authorizing the appointment of a
321	321	successor under Section 753.001, the successor attorney in fact or
322	322	agent shall provide actual notice of the order to each third party
323	323	that the attorney in fact or agent has reason to believe relied on
324	324	or may rely on the durable power of attorney.
325	325	SECTION 6. Section 1055.003, Estates Code, is amended by
326	326	adding Subsection (d) to read as follows:
327	327	(d) This section does not apply to a person who is entitled
328	328	to receive notice under Section 1051.104.
329	329	SECTION 7. Section 1101.002, Estates Code, is amended to
330	330	read as follows:
331	331	Sec. 1101.002. CONTENTS OF APPLICATION; CONFIDENTIALITY OF
332	332	CERTAIN ADDRESSES. An application filed under Section 1101.001 may
333	333	omit the address of a person named in the application if:
334	334	(1) the application states that the person is or was
335	335	protected by a protective order issued under Chapter 85, Family
336	336	Code;
337	337	(2) a copy of the protective order is attached to the
338	338	application as an exhibit;
339	339	(3) the application states the county in which the
340	340	person resides;
341	341	(4) the application indicates the place where notice
342	342	to or the issuance and service of citation on the person may be made
343	343	or sent; and
344	344	(5) the application is accompanied by a request for an
345	345	order under Section 1051.201 specifying the manner of issuance,
346	346	service, and return of citation or notice on the person.
347	347	SECTION 8. Section 1357.052, Estates Code, is amended to
348	348	read as follows:
349	349	Sec. 1357.052. AUTHORITY AND DUTIES OF SUPPORTER. (a) A
350	350	supporter may exercise the authority granted to the supporter in
351	351	the supported decision-making agreement.
352	352	(b) A supporter is in a fiduciary relationship with the
353	353	adult with a disability with whom the supporter enters into a
354	354	supported decision-making agreement. The supporter owes to the
355	355	adult with a disability the duties listed in the form provided by
356	356	Section 1357.056(a), regardless of whether that form is used for
357	357	the supported decision-making agreement.
358	358	SECTION 9. Section 1357.053(b), Estates Code, is amended to
359	359	read as follows:
360	360	(b) The supported decision-making agreement is terminated
361	361	if:
362	362	(1) the Department of Family and Protective Services
363	363	finds that the adult with a disability has been abused, neglected,
364	364	or exploited by the supporter; [or]
365	365	(2) the supporter is found criminally liable for
366	366	conduct described by Subdivision (1); or
367	367	(3) a guardian of the person or estate appointed for
368	368	the adult with a disability qualifies.
369	369	SECTION 10. Section 1357.056(a), Estates Code, is amended
370	370	to read as follows:
371	371	(a) Subject to Subsection (b), a supported decision-making
372	372	agreement is valid only if it is in substantially the following
373	373	form:
374	374	SUPPORTED DECISION-MAKING AGREEMENT
375	375	Important Information For Supporter: Duties
376	376	When you accept the authority granted to a supporter under
377	377	this supported decision-making agreement, you establish a
378	378	"fiduciary" relationship with the adult with a disability. This is
379	379	a special legal relationship that imposes on you legal duties that
380	380	continue until the agreement is terminated by either party, by the
381	381	terms of the agreement, or by operation of law. A fiduciary duty
382	382	generally includes the duty to:
383	383	(1) act in good faith;
384	384	(2) do nothing beyond the authority granted in this
385	385	agreement;
386	386	(3) act loyally for the benefit of the adult with a
387	387	disability;
388	388	(4) disclose to the adult with a disability pertinent
389	389	information affecting that person; and
390	390	(5) avoid conflicts that would impair your ability to
391	391	act in the best interest of the adult with a disability.
392	392	Important Information For Supporter: Termination of Authority
393	393	You must stop acting as a supporter on behalf of the adult
394	394	with a disability if you learn of any event that terminates this
395	395	agreement or your authority to act under it. An event that
396	396	terminates this agreement or your authority to act under it
397	397	includes:
398	398	(1) the termination of the agreement by either you or
399	399	the adult with a disability;
400	400	(2) the appointment and qualification of a guardian of
401	401	the person or estate for the adult with a disability;
402	402	(3) a finding by the Department of Family and
403	403	Protective Services that the adult with a disability has been
404	404	abused, neglected, or exploited by you; or
405	405	(4) a finding that you are criminally liable for
406	406	abusing, neglecting, or exploiting the adult with a disability.
407	407	Appointment of Supporter
408	408	I, (insert your name), make this agreement of my own free
409	409	will.
410	410	I agree and designate that:
411	411	Name:
412	412	Address:
413	413	Phone Number:
414	414	E-mail Address:
415	415	is my supporter. My supporter may help me with making everyday
416	416	life decisions relating to the following:
417	417	Y/N obtaining food, clothing, and shelter
418	418	Y/N taking care of my physical health
419	419	Y/N managing my financial affairs.
420	420	My supporter is not allowed to make decisions for me. To help
421	421	me with my decisions, my supporter may:
422	422	1. Help me access, collect, or obtain information that is
423	423	relevant to a decision, including medical, psychological,
424	424	financial, educational, or treatment records;
425	425	2. Help me understand my options so I can make an informed
426	426	decision; or
427	427	3. Help me communicate my decision to appropriate persons.
428	428	Y/N A release allowing my supporter to see protected
429	429	health information under the Health Insurance Portability and
430	430	Accountability Act of 1996 (Pub. L. No. 104-191) is attached.
431	431	Y/N A release allowing my supporter to see educational
432	432	records under the Family Educational Rights and Privacy Act of 1974
433	433	(20 U.S.C. Section 1232g) is attached.
434	434	Effective Date of Supported Decision-Making Agreement
435	435	This supported decision-making agreement is effective
436	436	immediately and will continue until (insert date) or until the
437	437	agreement is terminated by my supporter or me or by operation of
438	438	law.
439	439	Signed this ______ day of _________, 20___
440	440	Consent of Supporter
441	441	I, (name of supporter), consent to act as a supporter under
442	442	this agreement.
443	443	(signature of supporter)(printed name of supporter)
444	444	Signature
445	445	(my signature)(my printed name)
446	446	(witness 1 signature)(printed name of witness 1)
447	447	(witness 2 signature)(printed name of witness 2)
448	448	State of
449	449	County of
450	450	This document was acknowledged before me
451	451	on _______________________________ (date)
452	452	by _______________________________ and _______________________
453	453	(name of adult with a disability)(name of supporter)
454	454	(signature of notarial officer)
455	455	(Seal, if any, of notary)
456	456	(printed name)
457	457	My commission expires:
458	458	WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
459	459	IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
460	460	OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT THE
461	461	ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR EXPLOITED BY
462	462	THE SUPPORTER, THE PERSON SHALL REPORT THE ALLEGED ABUSE, NEGLECT,
463	463	OR EXPLOITATION TO THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
464	464	BY CALLING THE ABUSE HOTLINE AT 1-800-252-5400 OR ONLINE AT
465	465	WWW.TXABUSEHOTLINE.ORG.
466	466	SECTION 11. (a) Sections 751.052, 751.054(a), and
467	467	751.055(a), Estates Code, as amended by this Act, and Chapter 753,
468	468	Estates Code, as added by this Act, apply to a durable power of
469	469	attorney, including a statutory durable power of attorney, executed
470	470	before, on, or after the effective date of this Act.
471	471	(b) Section 752.051, Estates Code, as amended by this Act,
472	472	applies to a statutory durable power of attorney executed on or
473	473	after the effective date of this Act. A statutory durable power of
474	474	attorney executed before the effective date of this Act is governed
475	475	by the law as it existed on the date the statutory durable power of
476	476	attorney was executed, and the former law is continued in effect for
477	477	that purpose.
478	478	(c) Section 1055.003(d), Estates Code, as added by this Act,
479	479	applies to a guardianship proceeding that is pending or commenced
480	480	on or after the effective date of this Act.
481	481	(d) Section 1101.002, Estates Code, as amended by this Act,
482	482	applies to an application for a guardianship filed on or after the
483	483	effective date of this Act.
484	484	(e) Sections 1357.052 and 1357.053(b), Estates Code, as
485	485	amended by this Act, apply to a supported decision-making agreement
486	486	entered into before, on, or after the effective date of this Act.
487	487	(f) Section 1357.056(a), Estates Code, as amended by this
488	488	Act, applies to a supported decision-making agreement entered into
489	489	on or after the effective date of this Act. A supported
490	490	decision-making agreement entered into before the effective date of
491	491	this Act is governed by the law as it existed on the date the
492	492	supported decision-making agreement was entered into, and the
493	493	former law is continued in effect for that purpose.
494	494	SECTION 12. This Act takes effect September 1, 2017.