Texas House Bill HB3063

Texas 2021 - 87th Regular

Caption

Relating to the duties of a private professional guardian regarding critical care and end-of-life decisions concerning a ward.

Impact

The passage of HB 3063 is intended to enhance the protection of wards by ensuring that their families are involved in critical care and end-of-life discussions. The legislation aims to prevent guardians from making unilateral decisions without family input, thereby promoting transparency and respect for the personal connections of wards. By formalizing the process through which guardians must operate, the bill aims to create standards that safeguard the rights and preferences of individuals under guardianship.

Summary

House Bill 3063, known as the Michael Hickson Act, amends the Estates Code to clarify the responsibilities and authorities of private professional guardians regarding critical care and end-of-life decisions for their wards. The bill establishes a framework for how these guardians must communicate with the closest living next of kin of a ward before making any substantial medical decisions. This includes a defined process for attempting to contact the next of kin and stipulates that a guardian can make decisions only after exhaustive efforts to reach the next of kin have been undertaken without success.

Sentiment

The sentiment around HB 3063 is generally supportive among advocates for the elderly and those concerned with guardianship transparency. Proponents argue that the act is a necessary step to protect vulnerable individuals from potential mismanagement and to ensure that family members are kept in the loop regarding significant health care decisions. However, there may also be concerns about the practicality of enforcing these communication requirements, as guardians may find it challenging to maintain regular contact with relatives, particularly if they are geographically distant.

Contention

Despite its intent to strengthen the ward's rights, there could be points of contention regarding the scope of responsibilities placed upon private professional guardians. Questions may arise regarding the definition of 'critical care' and how guardians will document their attempts to contact kin, as well as potential delays in decision-making due to these requirements. Additionally, some may argue that these regulations could add layers of bureaucracy that could hinder timely medical intervention in urgent situations.