Texas 2021 - 87th Regular

Texas House Bill HB2439 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R5295 KFF-D
2		-	By: White~~, Guillen~~ H.B. No. 2439
	2	+	By: White H.B. No. 2439
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the appointment of a temporary guardian to receive
8	8		certain social security benefits.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Subtitle G, Title 3, Estates Code, is amended by
11	11		adding Chapter 1251A to read as follows:
12	12		CHAPTER 1251A. TEMPORARY GUARDIANSHIP TO RECEIVE CERTAIN SOCIAL
13	13		SECURITY BENEFITS
14	14		SUBCHAPTER A. APPOINTMENT OF TEMPORARY GUARDIAN TO RECEIVE CERTAIN
15	15		SOCIAL SECURITY BENEFITS GENERALLY
16	16		Sec. 1251A.001. APPOINTMENT OF TEMPORARY GUARDIAN TO
17	17		RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. (a) A court shall
18	18		appoint a temporary guardian with the limited power to receive
19	19		funds under the federal Social Security Act (42 U.S.C. Section 301
20	20		et seq.), including funds in the form of Supplemental Security
21	21		Income (SSI) benefits under 42 U.S.C. Section 1381 et seq. or funds
22	22		in the form of Social Security Disability Insurance (SSDI) benefits
23	23		under 42 U.S.C. Section 401 et seq., if the court:
24	24		(1) is presented with substantial evidence that a
25	25		person may be an incapacitated person; and
26	26		(2) has probable cause to believe that the immediate
27	27		appointment of a guardian is required.
28	28		(b) The person for whom a temporary guardian is appointed
29	29		under this chapter retains all rights and powers that are not
30	30		specifically granted to the person's temporary guardian by court
31	31		order.
32	32		Sec. 1251A.002. NO PRESUMPTION OF INCAPACITY. A person for
33	33		whom a temporary guardian is appointed under this chapter may not be
34	34		presumed to be incapacitated.
35	35		Sec. 1251A.003. PERSONS ELIGIBLE FOR APPOINTMENT AS
36	36		TEMPORARY GUARDIAN TO RECEIVE CERTAIN SOCIAL SECURITY BENEFITS.
37	37		The following persons are eligible for appointment as temporary
38	38		guardian under this chapter:
39	39		(1) the person's spouse;
40	40		(2) the person's reasonably available adult children;
41	41		(3) the person's parents; or
42	42		(4) the person's nearest living relative.
43	43		Sec. 1251A.004. APPLICATION. (a) A sworn, written
44	44		application for the appointment of a temporary guardian shall be
45	45		filed before the court appoints a temporary guardian under this
46	46		chapter.
47	47		(b) The application must state:
48	48		(1) the name and address of the person who is the
49	49		subject of the guardianship proceeding;
50	50		(2) the appointment is requested for the limited
51	51		purpose of receiving funds under the federal Social Security Act,
52	52		including a description of the specific benefits sought;
53	53		(3) the facts and reasons supporting the allegations
54	54		and requests;
55	55		(4) the proposed temporary guardian's name, address,
56	56		and qualification; and
57	57		(5) the applicant's name, address, and interest.
58	58		Sec. 1251A.005. NOTICE OF APPLICATION. (a) On the filing
59	59		of an application for temporary guardianship under this chapter,
60	60		the clerk shall issue notice to be served on:
61	61		(1) the proposed ward; and
62	62		(2) the proposed temporary guardian named in the
63	63		application, if that person is not the applicant.
64	64		(b) The notice must describe:
65	65		(1) the rights of the parties; and
66	66		(2) the date, time, place, purpose, and possible
67	67		consequences of a hearing on the application.
68	68		(c) A copy of the application must be attached to the
69	69		notice.
70	70		Sec. 1251A.006. SCHEDULING OF EXPEDITED HEARING. (a)
71	71		Immediately after an application for a temporary guardianship is
72	72		filed under this chapter, the court shall issue an order setting a
73	73		certain date for the hearing on the application.
74	74		(b) Unless postponed as provided by Subsection (c), a
75	75		hearing shall be held not later than 48 hours after the time the
76	76		application for temporary guardianship is filed.
77	77		(c) The proposed ward may consent to postpone the hearing on
78	78		the application for temporary guardianship for a period not to
79	79		exceed seven days after the date the application is filed.
80	80		(d) An application for temporary guardianship takes
81	81		precedence over all matters except older matters of the same
82	82		character.
83	83		Sec. 1251A.007. MOTION FOR DISMISSAL OF APPLICATION. (a)
84	84		Subject to Subsection (b), the proposed ward may appear and move for
85	85		the dismissal of the application for temporary guardianship filed
86	86		under this chapter.
87	87		(b) At least one day before making a motion under Subsection
88	88		(a), the proposed ward shall provide notice to the party who filed
89	89		the application for temporary guardianship.
90	90		(c) If a motion is made for dismissal of the application for
91	91		temporary guardianship, the court shall hear and determine the
92	92		motion as expeditiously as justice requires.
93	93		Sec. 1251A.008. RIGHTS OF PROPOSED WARD AT HEARING. At a
94	94		hearing under this subchapter, the proposed ward has the right to:
95	95		(1) receive prior notice;
96	96		(2) be represented by counsel;
97	97		(3) be present;
98	98		(4) present evidence;
99	99		(5) confront and cross-examine witnesses; and
100	100		(6) a closed hearing if requested by the proposed
101	101		ward.
102	102		Sec. 1251A.009. APPEARANCE BY PROPOSED TEMPORARY GUARDIAN
103	103		TO RECEIVE CERTAIN SOCIAL SECURITY BENEFITS IN CERTAIN
104	104		CIRCUMSTANCES. If the applicant for a temporary guardianship under
105	105		this chapter is not the proposed temporary guardian, a temporary
106	106		guardianship may not be granted before a hearing on the application
107	107		required by Section 1251A.006(b) unless the proposed temporary
108	108		guardian appears in court.
109	109		Sec. 1251A.010. EXPEDITED ORDER APPOINTING TEMPORARY
110	110		GUARDIAN TO RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. (a) Not
111	111		later than 24 hours after the time the hearing required by Section
112	112		1251A.006(b) concludes, the court shall appoint a temporary
113	113		guardian by written order if the court determines that the
114	114		applicant has established that there is substantial evidence that
115	115		the proposed ward is an incapacitated person and that the immediate
116	116		appointment of a guardian is required for the purposes described by
117	117		Section 1251A.001(a).
118	118		(b) The court shall assign to the temporary guardian only
119	119		those powers and duties that are necessary to receive the funds
120	120		specified in the application under Section 1251A.004(b)(2).
121	121		(c) The order appointing the temporary guardian must
122	122		describe:
123	123		(1) the reasons for the temporary guardianship; and
124	124		(2) the powers and duties of the temporary guardian.
125	125		Sec. 1251A.011. BOND NOT REQUIRED. Notwithstanding Chapter
126	126		1105 or any other law, a person appointed to serve as temporary
127	127		guardian under this chapter is not required to give a bond.
128	128		Sec. 1251A.012. COURT COSTS. If the court appoints a
129	129		temporary guardian after the hearing required by Section
130	130		1251A.006(b), all court costs, including attorney's fees, may be
131	131		assessed as provided by Sections 1155.054 and 1155.151.
132	132		SUBCHAPTER B. POWERS AND DUTIES OF TEMPORARY GUARDIAN TO RECEIVE
133	133		CERTAIN SOCIAL SECURITY BENEFITS
134	134		Sec. 1251A.051. AUTHORITY OF TEMPORARY GUARDIAN TO RECEIVE
135	135		CERTAIN SOCIAL SECURITY BENEFITS. (a) When the temporary guardian
136	136		appointed under this chapter takes the oath required under this
137	137		title, the court order appointing the temporary guardian takes
138	138		effect without the necessity for issuance of letters of
139	139		guardianship.
140	140		(b) The clerk shall note compliance with the oath
141	141		requirement by the appointed temporary guardian on a certificate
142	142		attached to the order.
143	143		(c) The order appointing the temporary guardian is evidence
144	144		of the temporary guardian's authority to act within the scope of the
145	145		powers and duties stated in the order.
146	146		(d) The clerk may not issue certified copies of the order
147	147		until the oath requirement is satisfied.
148	148		Sec. 1251A.052. APPLICABILITY OF GUARDIANSHIP PROVISIONS.
149	149		The provisions of this title relating to the guardianship of the
150	150		estates of incapacitated persons apply to a temporary guardianship
151	151		created under this chapter, to the extent the provisions may be made
152	152		applicable.
153	153		SUBCHAPTER C. EXPIRATION AND CLOSING OF TEMPORARY GUARDIANSHIP TO
154	154		RECEIVE CERTAIN SOCIAL SECURITY BENEFITS
155	155		Sec. 1251A.101. EXPIRATION OF TEMPORARY GUARDIANSHIP TO
156	156		RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. The term of a temporary
157	157		guardian appointed under this chapter expires on the earliest of:
158	158		(1) the 30th day after the date the court order
159	159		appointing the temporary guardian takes effect, except that the
160	160		court may grant one extension of that time for not longer than 30
161	161		days; or
162	162		(2) the date a permanent guardian appointed by the
163	163		court for the proposed ward qualifies to serve as the ward's
164	164		guardian.
165	165		Sec. 1251A.102. ACCOUNTING. (a) At the expiration of a
166	166		temporary guardianship under Section 1251A.101, the temporary
167	167		guardian shall file with the court clerk:
168	168		(1) a sworn list of all estate property that has come
169	169		into the temporary guardian's possession; and
170	170		(2) a full exhibit and account of all the temporary
171	171		guardian's acts as temporary guardian.
172	172		(b) The court shall act on the list, exhibit, and account
173	173		filed under Subsection (a).
174	174		Sec. 1251A.103. DELIVERY OF ESTATE; DISCHARGE OF TEMPORARY
175	175		GUARDIAN TO RECEIVE CERTAIN SOCIAL SECURITY BENEFITS. (a) When the
176	176		court order appointing a temporary guardian under this chapter
177	177		expires or ceases to be effective for any reason, the court
178	178		immediately shall enter an order requiring the temporary guardian
179	179		to deliver the estate remaining in the temporary guardian's
180	180		possession to the person legally entitled to possession of the
181	181		estate.
182	182		(b) On proof of delivery under Subsection (a), the temporary
183	183		guardian shall be discharged.
184	184		SECTION 2. This Act takes effect September 1, 2021.