Texas Senate Bill SB1768

Texas 2019 - 86th Regular

Caption

Relating to guardianships and supports and services for incapacitated persons.

Impact

This bill introduces the notion of 'person-first respectful language', moving away from the term 'ward' and advocating for terms like 'person with a guardian' or 'incapacitated person' to express more respect towards those affected. The legislation mandates revisions in the language used across state laws and policies, which is expected to foster a culture of dignity and respect in legal documents and discussions surrounding guardianship.

Summary

Senate Bill 1768 aims to amend various sections of the Estates Code concerning guardianships and the supports and services provided to incapacitated persons. One of the significant changes includes redefining the criteria for determining incapacity, emphasizing an individual's ability to manage essential personal needs such as health, safety, and financial affairs. This shift allows for a more nuanced approach, recognizing that some individuals may have the capacity to make personal decisions with appropriate supports and services in place despite lacking complete independence.

Contention

There may be notable points of contention regarding the ability to appoint guardians based on the new set of conditions laid out in the bill. The requirement for clear and convincing evidence of incapacity could pose challenges in court proceedings, especially regarding the nuances of mental health conditions. Moreover, the emphasis on exploring supports and services before appointing a guardian may lead to disputes among family members, potential guardians, and legal representatives about what constitutes adequate support and when a guardian is truly necessary.