| 1 | 1 | | 88R14535 EAS-F |
|---|
| 2 | 2 | | By: Darby H.B. No. 4970 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to guardianship matters. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 1055.003, Estates Code, is amended by |
|---|
| 10 | 10 | | amending Subsections (a) and (c) and adding Subsections (e), (f), |
|---|
| 11 | 11 | | and (g) to read as follows: |
|---|
| 12 | 12 | | (a) Except [Notwithstanding the Texas Rules of Civil |
|---|
| 13 | 13 | | Procedure and except] as provided by Subsection (d), an interested |
|---|
| 14 | 14 | | person may intervene in a guardianship proceeding [only] by filing |
|---|
| 15 | 15 | | a [timely] motion to intervene that is served on the parties. |
|---|
| 16 | 16 | | (c) Except as provided by Subsection (g), the [The] court |
|---|
| 17 | 17 | | has the discretion to grant or deny the motion and, in exercising |
|---|
| 18 | 18 | | that discretion, may only deny the motion if [must consider |
|---|
| 19 | 19 | | whether]: |
|---|
| 20 | 20 | | (1) the intervention will harm the ward or proposed |
|---|
| 21 | 21 | | ward [unduly delay or prejudice the adjudication of the original |
|---|
| 22 | 22 | | parties' rights]; or |
|---|
| 23 | 23 | | (2) the proposed intervenor is not acting in the ward's |
|---|
| 24 | 24 | | or proposed ward's best interest [has such an adverse relationship |
|---|
| 25 | 25 | | with the ward or proposed ward that the intervention would unduly |
|---|
| 26 | 26 | | prejudice the adjudication of the original parties' rights]. |
|---|
| 27 | 27 | | (e) If the court denies a motion under Subsection (c), the |
|---|
| 28 | 28 | | court must support the denial with factual findings. |
|---|
| 29 | 29 | | (f) If requested by a proposed intervenor, the court shall |
|---|
| 30 | 30 | | allow reasonable discovery, including conducting a deposition, |
|---|
| 31 | 31 | | before holding a hearing on the proposed intervenor's motion. |
|---|
| 32 | 32 | | (g) If the motion to intervene includes a request to have a |
|---|
| 33 | 33 | | guardian ad litem or court investigator appointed, the court shall |
|---|
| 34 | 34 | | grant that portion of the motion regardless of whether the court |
|---|
| 35 | 35 | | grants the motion to intervene. |
|---|
| 36 | 36 | | SECTION 2. Section 1203.052(a), Estates Code, is amended to |
|---|
| 37 | 37 | | read as follows: |
|---|
| 38 | 38 | | (a) Subject to Subsection (c), the court may remove a |
|---|
| 39 | 39 | | guardian as provided by Subsection (a-1) if: |
|---|
| 40 | 40 | | (1) sufficient grounds appear to support a belief that |
|---|
| 41 | 41 | | the guardian has misapplied, embezzled, or removed from the state, |
|---|
| 42 | 42 | | or is about to misapply, embezzle, or remove from the state, any of |
|---|
| 43 | 43 | | the property entrusted to the guardian's care; |
|---|
| 44 | 44 | | (2) the guardian fails to return any account or report |
|---|
| 45 | 45 | | that is required by law to be made; |
|---|
| 46 | 46 | | (3) the guardian fails to obey a proper order of the |
|---|
| 47 | 47 | | court that has jurisdiction with respect to the performance of the |
|---|
| 48 | 48 | | guardian's duties; |
|---|
| 49 | 49 | | (4) the guardian is proved to have been guilty of gross |
|---|
| 50 | 50 | | misconduct or mismanagement in the performance of the guardian's |
|---|
| 51 | 51 | | duties; |
|---|
| 52 | 52 | | (5) the guardian: |
|---|
| 53 | 53 | | (A) becomes incapacitated; |
|---|
| 54 | 54 | | (B) is sentenced to the penitentiary; or |
|---|
| 55 | 55 | | (C) from any other cause, becomes incapable of |
|---|
| 56 | 56 | | properly performing the duties of the guardian's trust; |
|---|
| 57 | 57 | | (6) the guardian has engaged in conduct with respect |
|---|
| 58 | 58 | | to the ward that would be considered to be abuse, neglect, or |
|---|
| 59 | 59 | | exploitation, as those terms are defined by Section 48.002, Human |
|---|
| 60 | 60 | | Resources Code, if engaged in with respect to an elderly person or |
|---|
| 61 | 61 | | person with a disability, as defined by that section; |
|---|
| 62 | 62 | | (7) the guardian neglects to educate or maintain the |
|---|
| 63 | 63 | | ward as liberally as the means of the ward's estate and the ward's |
|---|
| 64 | 64 | | ability or condition permit; |
|---|
| 65 | 65 | | (8) the guardian interferes with the ward's progress |
|---|
| 66 | 66 | | or participation in programs in the community; |
|---|
| 67 | 67 | | (9) the guardian fails to comply with the requirements |
|---|
| 68 | 68 | | of Subchapter G, Chapter 1104; |
|---|
| 69 | 69 | | (10) the court determines that, because of the |
|---|
| 70 | 70 | | dissolution of the joint guardians' marriage, the termination of |
|---|
| 71 | 71 | | the guardians' joint appointment and the continuation of only one |
|---|
| 72 | 72 | | of the joint guardians as the sole guardian is in the best interest |
|---|
| 73 | 73 | | of the ward; [or] |
|---|
| 74 | 74 | | (11) the guardian of the estate fails to maintain a |
|---|
| 75 | 75 | | bond in the amount required by Section 1105.152; or |
|---|
| 76 | 76 | | (12) the guardian would be ineligible for appointment |
|---|
| 77 | 77 | | as a guardian under Subchapter H, Chapter 1104. |
|---|
| 78 | 78 | | SECTION 3. The changes in law made by this Act apply to a |
|---|
| 79 | 79 | | guardianship created before, on, or after the effective date of |
|---|
| 80 | 80 | | this Act. |
|---|
| 81 | 81 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|