Texas 2025 - 89th Regular

Texas Senate Bill SB2939 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Menéndez S.B. No. 2939
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to certain mandatory training for guardians ad litem.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Add Section 1054.0541 of the Estates Code as
11	11	follows:
12	12	Sec. 1054.0541. TRAINING FOR GUARDIANS AD LITEM. (a) A
13	13	guardian ad litem appointed under Subchapter B of this Chapter to
14	14	represent the interests of an incapacitated person in a
15	15	guardianship proceeding shall complete at least 4.75 hours of
16	16	training relating to representing the interests of an incapacitated
17	17	person in a guardianship proceeding as described by Subsection (b)
18	18	and Subsection (c) as soon as practicable after the guardian ad
19	19	litem is appointed. A guardian ad litem is not required to comply
20	20	with this subsection if the court finds that the guardian ad litem
21	21	has experience equivalent to the required education.
22	22	(b) An individual who is qualified for appointment as an
23	23	guardian ad litem to represent the interests of an incapacitated
24	24	person in a guardianship proceeding must complete at least 4.75
25	25	hours of training relating to the representation of the interests
26	26	of an incapacitated person in a guardianship proceeding every 2
27	27	years before the anniversary date of the guardian ad litem's
28	28	appointment.
29	29	(c) The training required by Subsection (b) must be designed
30	30	to educate a guardian ad litem regarding the guardian ad litem's
31	31	duty to represent the interests of an incapacitated person in a
32	32	guardianship proceeding and include information regarding:
33	33	(1) basic principles of guardianship law, including
34	34	the duties and responsibilities of a guardian ad litem;
35	35	(2) understanding the responsibilities of a guardian
36	36	ad litem in protecting the interests of the person subject to
37	37	the guardianship;
38	38	(3) the ethical obligations of a guardian ad litem,
39	39	including the duty to act in the best interests of the person
40	40	subject to the guardianship, avoiding conflicts of interest,
41	41	and ensuring impartiality;
42	42	(4) techniques for interviewing and communicating
43	43	with individuals subject to guardianship, as well as their
44	44	family members and other parties involved in the case;
45	45	(5) an overview of mental health, cognitive
46	46	impairments, and other medical conditions that may be
47	47	relevant in guardianship cases;
48	48	(6) guidance on how to assess the needs and best
49	49	interests of individuals subject to guardianship, including
50	50	the consideration of less restrictive alternatives to
51	51	guardianship when appropriate; and
52	52	(7) familiarization with the procedural aspects of
53	53	guardianship hearings, including the submission of reports
54	54	and testifying in court.
55	55	(d) The training required by Subsections (b) must:
56	56	(1) be low-cost and available to persons throughout this
57	57	state, including on the Internet; and
58	58	(2) focus on the duties of a guardian ad litem in, and the
59	59	procedures of and best practices for, representing the interests of
60	60	an incapacitated person in a guardianship proceeding.
61	61	SECTION 2. This Act takes effect September 1, 2025.