By: Menéndez S.B. No. 2939
A BILL TO BE ENTITLED
AN ACT
relating to certain mandatory training for guardians ad litem.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Add Section 1054.0541 of the Estates Code as
follows:
Sec. 1054.0541. TRAINING FOR GUARDIANS AD LITEM. (a) A
guardian ad litem appointed under Subchapter B of this Chapter to
represent the interests of an incapacitated person in a
guardianship proceeding shall complete at least 4.75 hours of
training relating to representing the interests of an incapacitated
person in a guardianship proceeding as described by Subsection (b)
and Subsection (c) as soon as practicable after the guardian ad
litem is appointed. A guardian ad litem is not required to comply
with this subsection if the court finds that the guardian ad litem
has experience equivalent to the required education.
(b) An individual who is qualified for appointment as an
guardian ad litem to represent the interests of an incapacitated
person in a guardianship proceeding must complete at least 4.75
hours of training relating to the representation of the interests
of an incapacitated person in a guardianship proceeding every 2
years before the anniversary date of the guardian ad litem's
appointment.
(c) The training required by Subsection (b) must be designed
to educate a guardian ad litem regarding the guardian ad litem's
duty to represent the interests of an incapacitated person in a
guardianship proceeding and include information regarding:
(1) basic principles of guardianship law, including
the duties and responsibilities of a guardian ad litem;
(2) understanding the responsibilities of a guardian
ad litem in protecting the interests of the person subject to
the guardianship;
(3) the ethical obligations of a guardian ad litem,
including the duty to act in the best interests of the person
subject to the guardianship, avoiding conflicts of interest,
and ensuring impartiality;
(4) techniques for interviewing and communicating
with individuals subject to guardianship, as well as their
family members and other parties involved in the case;
(5) an overview of mental health, cognitive
impairments, and other medical conditions that may be
relevant in guardianship cases;
(6) guidance on how to assess the needs and best
interests of individuals subject to guardianship, including
the consideration of less restrictive alternatives to
guardianship when appropriate; and
(7) familiarization with the procedural aspects of
guardianship hearings, including the submission of reports
and testifying in court.
(d) The training required by Subsections (b) must:
(1) be low-cost and available to persons throughout this
state, including on the Internet; and
(2) focus on the duties of a guardian ad litem in, and the
procedures of and best practices for, representing the interests of
an incapacitated person in a guardianship proceeding.
SECTION 2. This Act takes effect September 1, 2025.