Texas House Bill HB4562

Texas 2019 - 86th Regular

Caption

Relating to parental administrations for certain incapacitated adults; authorizing a fee; creating a criminal offense.

Impact

The law modifies existing statutes in the Estates Code, particularly affecting the way courts handle cases regarding incapacitated adults. Bill HB4562 emphasizes the necessity to consider less restrictive measures for individuals who may not require full guardianship. The court is now mandated to terminate guardianships when a parental administration is established and can modify the extent of a parental administrator's powers. The bill is expected to lead to a decrease in the instances of full guardianship being deemed necessary, which proponents argue will alleviate the burden on the judicial system and empower families to care for their loved ones more effectively.

Summary

House Bill 4562 introduces significant changes to the framework of parental administration for incapacitated adults in Texas. The bill authorizes the establishment of a parental administration as an alternative to guardianship, allowing for a less restrictive and more flexible approach to care for incapacitated adults. It outlines the definitions and the process for appointing a parental administrator, who will have specific powers and duties regarding the care and management of the incapacitated adult's affairs. This change aims to restore more rights and legal autonomy to incapacitated individuals, enabling them to participate more fully in decisions about their care and support.

Contention

Despite its positive intent, HB4562 has faced some points of contention among lawmakers and advocacy groups. Critics are concerned that while parental administration proposes a more flexible approach, it could lead to potential abuses if adequate oversight and checks are not established. Issues surrounding the clarity of powers delegated to parental administrators and the emotional complexities involved in managing an incapacitated adult's affairs are also debated. Furthermore, the bill introduces criminal penalties for interference with possessory rights established by the parental administrator, a move that some believe may complicate familial relationships during emotionally charged situations.