Texas 2017 - 85th Regular

Texas Senate Bill SB1710 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1710
	1	+	By: Zaffirini S.B. No. 1710
	2	+	(Neave)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to applications for the complete restoration of a ward's
6	8		capacity or modification of a guardianship.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 1202.051, Estates Code, is amended to
9	11		read as follows:
10	12		Sec. 1202.051. APPLICATION AUTHORIZED.
11	13		(a) Notwithstanding Section 1055.003, a [A] ward or any person
12	14		interested in the ward's welfare may file a written application
13	15		with the court for an order:
14	16		(1) finding that the ward is no longer an
15	17		incapacitated person and ordering the settlement and closing of the
16	18		guardianship;
17	19		(2) finding that the ward lacks the capacity, or lacks
18	20		sufficient capacity with supports and services, to do some or all of
19	21		the tasks necessary to provide food, clothing, or shelter for
20	22		himself or herself, to care for the ward's own physical health, or
21	23		to manage the ward's own financial affairs and granting additional
22	24		powers or duties to the guardian; or
23	25		(3) finding that the ward has the capacity, or
24	26		sufficient capacity with supports and services, to do some, but not
25	27		all, of the tasks necessary to provide food, clothing, or shelter
26	28		for himself or herself, to care for the ward's own physical health,
27	29		or to manage the ward's own financial affairs and:
28	30		(A) limiting the guardian's powers or duties; and
29	31		(B) permitting the ward to care for himself or
30	32		herself, make personal decisions regarding residence, or manage the
31	33		ward's own financial affairs commensurate with the ward's ability,
32	34		with or without supports and services.
33	35		(b) If the guardian of a ward who is the subject of an
34	36		application filed under Subsection (a) has resigned, was removed,
35	37		or has died, the court may not require the appointment of a
36	38		successor guardian before considering the application.
37	39		SECTION 2. Section 1202.054, Estates Code, is amended by
38	40		adding Subsections (b-1) and (b-2) and amending Subsection (c) to
39	41		read as follows:
40	42		(b-1) A written letter or certificate from a physician as
41	43		described by Section 1202.152 is not required before the
42	44		appointment of the court investigator or a guardian ad litem under
43	45		Subsection (b).
44	46		(b-2) Not later than the 30th day after the date the court
45	47		receives an informal letter from a ward under Subsection (a), the
46	48		court shall send the ward a letter by certified mail:
47	49		(1) acknowledging receipt of the informal letter; and
48	50		(2) advising the ward of the date on which the court
49	51		appointed the court investigator or guardian ad litem as required
50	52		under Subsection (b) and the contact information for the court
51	53		investigator or guardian ad litem.
52	54		(c) The court investigator or guardian ad litem shall file
53	55		with the court and provide to the ward a report of the
54	56		investigation's findings and conclusions. If the court
55	57		investigator or guardian ad litem determines that it is in the best
56	58		interest of the ward to terminate or modify the guardianship, the
57	59		court investigator or guardian ad litem shall file an application
58	60		under Section 1202.051 on the ward's behalf.
59	61		SECTION 3. (a) The changes in law made by this Act to
60	62		Section 1202.051, Estates Code, apply to an application for the
61	63		complete restoration of a ward's capacity or modification of a
62	64		guardianship filed before, on, or after the effective date of this
63	65		Act.
64	66		(b) The changes in law made by this Act to Section 1202.054,
65	67		Estates Code, apply only to a request by informal letter for a court
66	68		order that is delivered on or after the effective date of this Act.
67	69		A request by informal letter for a court order that is delivered
68	70		before the effective date of this Act is governed by the law in
69	71		effect on the date the informal letter was delivered, and the former
70	72		law is continued in effect for that purpose.
71	73		SECTION 4. This Act takes effect September 1, 2017.
72		-	______________________________ ______________________________
73		-	President of the Senate Speaker of the House
74		-	I hereby certify that S.B. No. 1710 passed the Senate on
75		-	April 19, 2017, by the following vote: Yeas 30, Nays 1.
76		-	______________________________
77		-	Secretary of the Senate
78		-	I hereby certify that S.B. No. 1710 passed the House on
79		-	May 23, 2017, by the following vote: Yeas 145, Nays 0, one
80		-	present not voting.
81		-	______________________________
82		-	Chief Clerk of the House
83		-	Approved:
84		-	______________________________
85		-	Date
86		-	______________________________
87		-	Governor