88R14535 EAS-F
By: Darby H.B. No. 4970
A BILL TO BE ENTITLED
AN ACT
relating to guardianship matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1055.003, Estates Code, is amended by
amending Subsections (a) and (c) and adding Subsections (e), (f),
and (g) to read as follows:
(a) Except [Notwithstanding the Texas Rules of Civil
Procedure and except] as provided by Subsection (d), an interested
person may intervene in a guardianship proceeding [only] by filing
a [timely] motion to intervene that is served on the parties.
(c) Except as provided by Subsection (g), the [The] court
has the discretion to grant or deny the motion and, in exercising
that discretion, may only deny the motion if [must consider
whether]:
(1) the intervention will harm the ward or proposed
ward [unduly delay or prejudice the adjudication of the original
parties' rights]; or
(2) the proposed intervenor is not acting in the ward's
or proposed ward's best interest [has such an adverse relationship
with the ward or proposed ward that the intervention would unduly
prejudice the adjudication of the original parties' rights].
(e) If the court denies a motion under Subsection (c), the
court must support the denial with factual findings.
(f) If requested by a proposed intervenor, the court shall
allow reasonable discovery, including conducting a deposition,
before holding a hearing on the proposed intervenor's motion.
(g) If the motion to intervene includes a request to have a
guardian ad litem or court investigator appointed, the court shall
grant that portion of the motion regardless of whether the court
grants the motion to intervene.
SECTION 2. Section 1203.052(a), Estates Code, is amended to
read as follows:
(a) Subject to Subsection (c), the court may remove a
guardian as provided by Subsection (a-1) if:
(1) sufficient grounds appear to support a belief that
the guardian has misapplied, embezzled, or removed from the state,
or is about to misapply, embezzle, or remove from the state, any of
the property entrusted to the guardian's care;
(2) the guardian fails to return any account or report
that is required by law to be made;
(3) the guardian fails to obey a proper order of the
court that has jurisdiction with respect to the performance of the
guardian's duties;
(4) the guardian is proved to have been guilty of gross
misconduct or mismanagement in the performance of the guardian's
duties;
(5) the guardian:
(A) becomes incapacitated;
(B) is sentenced to the penitentiary; or
(C) from any other cause, becomes incapable of
properly performing the duties of the guardian's trust;
(6) the guardian has engaged in conduct with respect
to the ward that would be considered to be abuse, neglect, or
exploitation, as those terms are defined by Section 48.002, Human
Resources Code, if engaged in with respect to an elderly person or
person with a disability, as defined by that section;
(7) the guardian neglects to educate or maintain the
ward as liberally as the means of the ward's estate and the ward's
ability or condition permit;
(8) the guardian interferes with the ward's progress
or participation in programs in the community;
(9) the guardian fails to comply with the requirements
of Subchapter G, Chapter 1104;
(10) the court determines that, because of the
dissolution of the joint guardians' marriage, the termination of
the guardians' joint appointment and the continuation of only one
of the joint guardians as the sole guardian is in the best interest
of the ward; [or]
(11) the guardian of the estate fails to maintain a
bond in the amount required by Section 1105.152; or
(12) the guardian would be ineligible for appointment
as a guardian under Subchapter H, Chapter 1104.
SECTION 3. The changes in law made by this Act apply to a
guardianship created before, on, or after the effective date of
this Act.
SECTION 4. This Act takes effect September 1, 2023.