Texas Senate Bill SB2016

Texas 2017 - 85th Regular

Caption

Relating to parental administrations for certain adults with intellectual disabilities and the prosecution of a related criminal offense.

Impact

The implementation of SB2016 would likely transform the legal framework surrounding parental responsibilities towards adult children with intellectual disabilities. It empowers parents to secure the best interests of their children by allowing them limited control over decision-making without necessitating the more formal and often restrictive guardianship process. As a result, it could lead to more tailored care environments for these individuals, appealing to families that seek autonomy over the management of care for their loved ones. Furthermore, the bill seeks to harmonize legal definitions and processes within the Estates Code, thereby potentially reducing confusion arising from interpretation of different laws.

Summary

SB2016 seeks to amend the Estates Code of Texas by introducing the concept of 'parental administration' for adults with intellectual disabilities. This legislative proposal aims to create an alternative to guardianship for parents of adult children who may be incapacitated due to mental conditions. The bill outlines various legal roles and responsibilities of a 'parental administrator,' allowing parents to act on behalf of their incapacitated adult children regarding their care, protection, and management of affairs. This approach provides parents legal authority while potentially reducing the need for full guardianship, which can be cumbersome and more restrictive in nature.

Contention

Despite the apparent benefits, the bill may encounter scrutiny related to its provisions on the rights and powers of the parental administrator. Critics may argue that, while the bill enhances parental authority, it could also risk the rights of the incapacitated individuals if proper checks and balances are not firmly established. Concerns may revolve around the potential for misuse of power by parental administrators, particularly if ethical safeguards and accountability measures are inadequate. The balance between empowering parents and protecting the rights of incapacitated adults remains a point of contention in discussions surrounding SB2016.