By: Zaffirini S.B. No. 1710
(In the Senate - Filed March 9, 2017; March 22, 2017, read
first time and referred to Committee on State Affairs;
April 11, 2017, reported favorably by the following vote: Yeas 9,
Nays 0; April 11, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to applications for the complete restoration of a ward's
capacity or modification of a guardianship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1202.051, Estates Code, is amended to
read as follows:
Sec. 1202.051. APPLICATION AUTHORIZED.
(a) Notwithstanding Section 1055.003, a [A] ward or any person
interested in the ward's welfare may file a written application
with the court for an order:
(1) finding that the ward is no longer an
incapacitated person and ordering the settlement and closing of the
guardianship;
(2) finding that the ward lacks the capacity, or lacks
sufficient capacity with supports and services, to do some or all of
the tasks necessary to provide food, clothing, or shelter for
himself or herself, to care for the ward's own physical health, or
to manage the ward's own financial affairs and granting additional
powers or duties to the guardian; or
(3) finding that the ward has the capacity, or
sufficient capacity with supports and services, to do some, but not
all, of the tasks necessary to provide food, clothing, or shelter
for himself or herself, to care for the ward's own physical health,
or to manage the ward's own financial affairs and:
(A) limiting the guardian's powers or duties; and
(B) permitting the ward to care for himself or
herself, make personal decisions regarding residence, or manage the
ward's own financial affairs commensurate with the ward's ability,
with or without supports and services.
(b) If the guardian of a ward who is the subject of an
application filed under Subsection (a) has resigned, was removed,
or has died, the court may not require the appointment of a
successor guardian before considering the application.
SECTION 2. Section 1202.054, Estates Code, is amended by
adding Subsections (b-1) and (b-2) and amending Subsection (c) to
read as follows:
(b-1) A written letter or certificate from a physician as
described by Section 1202.152 is not required before the
appointment of the court investigator or a guardian ad litem under
Subsection (b).
(b-2) Not later than the 30th day after the date the court
receives an informal letter from a ward under Subsection (a), the
court shall send the ward a letter by certified mail:
(1) acknowledging receipt of the informal letter; and
(2) advising the ward of the date on which the court
appointed the court investigator or guardian ad litem as required
under Subsection (b) and the contact information for the court
investigator or guardian ad litem.
(c) The court investigator or guardian ad litem shall file
with the court and provide to the ward a report of the
investigation's findings and conclusions. If the court
investigator or guardian ad litem determines that it is in the best
interest of the ward to terminate or modify the guardianship, the
court investigator or guardian ad litem shall file an application
under Section 1202.051 on the ward's behalf.
SECTION 3. (a) The changes in law made by this Act to
Section 1202.051, Estates Code, apply to an application for the
complete restoration of a ward's capacity or modification of a
guardianship filed before, on, or after the effective date of this
Act.
(b) The changes in law made by this Act to Section 1202.054,
Estates Code, apply only to a request by informal letter for a court
order that is delivered on or after the effective date of this Act.
A request by informal letter for a court order that is delivered
before the effective date of this Act is governed by the law in
effect on the date the informal letter was delivered, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.
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