Texas 2019 - 86th Regular

Texas Senate Bill SB1783

Caption

Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

Impact

The bill's provisions could significantly alter the landscape of guardianship in Texas by introducing more flexibility regarding how and when guardianships can be applied or terminated. The emphasis on alternatives to guardianship highlights a progressive shift towards supporting individuals' autonomy and reducing unnecessary bureaucratic constraints. This could lead to fewer individuals being placed under guardianship, allowing for more tailored support services that better meet individual needs.

Summary

SB1783 aims to amend provisions related to guardianships, specifically addressing the needs and support for incapacitated persons. The bill introduces changes in how guardianships can be transferred between counties, ensuring that such transfers are in the best interest of the ward. Additionally, it emphasizes the use of alternatives to guardianship by allowing courts to terminate guardianships when a ward's needs can be managed without a guardian, thus promoting independence and self-reliance among incapacitated individuals.

Sentiment

General sentiment around SB1783 appears to be positive, with support stemming from advocates for disability rights and those who believe in promoting independence among incapacitated individuals. However, there may also be some concerns regarding the implementation of these changes, particularly related to the adequacy of available alternatives and support services, which could be seen as a challenge by some stakeholders in the legal community.

Contention

Notable points of contention could arise around how effectively the proposed changes will be implemented. Critics may worry about the adequacy of the services defined as alternatives to guardianship and whether their effectiveness will truly fulfill the needs of incapacitated persons. Additionally, ensuring that proper oversight exists during the transfer of guardianships remains a point of concern among legal professionals who might argue about potential gaps in jurisdiction or adherence to the designated measures meant to protect vulnerable individuals.

Companion Bills

No companion bills found.

Previously Filed As

TX SB24

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB44

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB2248

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB23

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB12

Relating to guardianships for persons who are incapacitated; changing a fee.

TX SB1624

Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness.

TX HB3184

Relating to guardianships and the delivery of certain notices or other communications in connection with guardianship proceedings.

TX SB1457

Relating to guardianships and the delivery of certain notices or other communications in connection with guardianship proceedings.

TX HB3009

Relating to the health care providers authorized to examine a person to determine whether the person is incapacitated for purposes of certain guardianship proceedings.

TX HB653

Relating to guardianships of the person of wards with profound intellectual disabilities who are minors or were minors when their guardianship proceedings commenced.

Similar Bills

TX HB3318

Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

TX SB1129

Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

NV SB346

Makes various changes relating to guardianship. (BDR 13-217)

NV AB65

Revises provisions relating to guardianship. (BDR 13-470)

MI SB0137

Children: guardians; guardians of tribal children; allow access to guardian funds. Amends secs. 5, 5a, 5b & 6 of 2008 PA 260 (MCL 722.875 et seq.). TIE BAR WITH: SB 0138'23

TX HB585

Relating to records related to an estate of a decedent or incapacitated person.