Texas Senate Bill SB511

Texas 2017 - 85th Regular

Caption

Relating to a written declaration to designate a guardian before the need for a guardian arises.

Impact

The modifications brought by SB511 are expected to streamline the legal process surrounding the designation of guardians. By enabling declarations to be validated through a notary instead of requiring multiple witnesses, the bill potentially makes it easier for individuals to create their declarations of guardianship. The changes apply only to declarations executed on or after the law’s effective date, maintaining the validity of older declarations under previous guidelines.

Summary

SB511 amends the Estates Code of Texas, specifically focusing on the process of designating a guardian before the need arises. The bill introduces changes to the requirements for a written declaration, allowing that if the declaration does not disqualify any potential guardian, it can be acknowledged by a notary public rather than requiring two witnesses. This alteration is seen as a simplification of the guardian designation process for individuals who wish to plan for future incapacity.

Sentiment

The general sentiment surrounding SB511 is positive, particularly among advocates for elder law and estate planning. Supporters argue that the new provisions enhance accessibility and reduce unnecessary complexity in planning for guardianship. However, there may be some concerns regarding the adequacy of oversight by allowing notary acknowledgment without witnesses, although these concerns were not dominant in the discussions available.

Contention

Opponents of the bill have raised questions about the implications of relying solely on notaries for validation of declarations, fearing that this could lead to potential abuses or misinterpretations without the safeguard of multiple witnesses. Nonetheless, proponents assert that the new regulations are necessary for modernizing estate planning processes and making necessary preparations more accessible for individuals.