88R3495 EAS-D
By: Zaffirini S.B. No. 1606
A BILL TO BE ENTITLED
AN ACT
relating to evidence and orders regarding intellectual disability
or mental condition in certain guardianship proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1101.104, Estates Code, is amended to
read as follows:
Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING
INTELLECTUAL DISABILITY. (a) If an intellectual disability is the
basis of the proposed ward's alleged incapacity, the court may not
grant an application to create a guardianship for the proposed ward
unless the applicant presents to the court a written letter or
certificate that:
(1) complies with Sections 1101.103(a) and (b); or
(2) shows that not earlier than 24 months before the
hearing date:
(A) the proposed ward has been examined by a
physician or psychologist licensed in this state or certified by
the Health and Human [Department of Aging and Disability] Services
Commission to perform the examination, in accordance with rules of
the executive commissioner of the commission [Health and Human
Services Commission] governing examinations of that kind, and the
physician's or psychologist's written findings and recommendations
include a determination of an intellectual disability; or
(B) a physician or psychologist licensed in this
state or certified by the Health and Human [Department of Aging and
Disability] Services Commission to perform examinations described
by Paragraph (A) updated or endorsed in writing a prior
determination of an intellectual disability for the proposed ward
made by a physician or psychologist licensed in this state or
certified by the commission [department].
(b) A physician or psychologist described by Subsection
(a)(2)(A) must have experience examining individuals with an
intellectual disability.
SECTION 2. Section 1202.152(a), Estates Code, is amended to
read as follows:
(a) Except as provided by Section 1202.1521, the [The] court
may not grant an order completely restoring a ward's capacity or
modifying a ward's guardianship under an application filed under
Section 1202.051 unless the applicant presents to the court a
written letter or certificate from a physician licensed in this
state that is dated:
(1) not earlier than the 120th day before the date the
application was filed; or
(2) after the date the application was filed but
before the date of the hearing.
SECTION 3. Subchapter D, Chapter 1202, Estates Code, is
amended by adding Section 1202.1521 to read as follows:
Sec. 1202.1521. EXAMINATIONS AND DOCUMENTATION REGARDING
INTELLECTUAL DISABILITY. If an intellectual disability is the
basis of the proposed ward's alleged incapacity, the court may not
grant an order completely restoring a ward's capacity or modifying
a ward's guardianship under an application filed under Section
1202.051 unless the applicant presents to the court a written
letter or certificate:
(1) from a physician licensed in this state that
complies with Sections 1202.152(a) and (b); or
(2) from a psychologist licensed in this state that:
(A) is dated:
(i) not earlier than the 120th day before
the date the application was filed; or
(ii) after the date the application was
filed but before the date of the hearing;
(B) shows the ward has been examined by the
psychologist within the period prescribed by Paragraph (A)(i) or
(ii);
(C) describes the mental incapacity, including
the degree of incapacity;
(D) states, in the psychologist's opinion,
whether the ward has the capacity, or sufficient capacity with
supports and services, to do any of the activities listed in Section
1202.152(b)(1);
(E) states how or in what manner the ward's
ability to make or communicate reasonable decisions concerning
himself or herself is affected by the ward's mental health; and
(F) includes any other information required by
the court.
SECTION 4. Section 1202.155, Estates Code, is amended to
read as follows:
Sec. 1202.155. ADDITIONAL REQUIREMENTS FOR ORDER RESTORING
WARD'S CAPACITY. If the court finds that a ward is no longer an
incapacitated person, the order completely restoring the ward's
capacity must contain findings of fact and specify, in addition to
the information required by Section 1202.154:
(1) that the ward is no longer an incapacitated
person;
(2) that there is no further need for a guardianship of
the person or estate of the ward;
(3) [if the ward's incapacity resulted from a mental
condition, that the ward's mental capacity is completely restored;
[(4)] that the guardian is required to:
(A) immediately settle the guardianship in
accordance with this title; and
(B) deliver all of the remaining guardianship
estate to the ward; and
(4) [(5)] that the clerk shall revoke letters of
guardianship when the guardianship is finally settled and closed.
SECTION 5. The changes in law made by this Act apply only to
an application for the appointment of a guardian, for the complete
restoration of a ward's capacity, or for the modification of a
guardianship, as applicable, that is filed on or after the
effective date of this Act. An application filed before the
effective date of this Act is governed by the law in effect on the
date the application was filed, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.