Bill Text: TX HB2998 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to adoption of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB2998 Detail]

Download: Texas-2015-HB2998-Comm_Sub.html

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84R911 CLG-F
By: Rodriguez of Bexar, et al. H.B. No. 2998

A BILL TO BE ENTITLED
AN ACT
relating to adoption of the Uniform Adult Guardianship and
Protective Proceedings Jurisdiction Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 3, Estates Code, is amended by
adding Chapter 1254 to read as follows:
CHAPTER 1254. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE
PROCEEDINGS JURISDICTION ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1254.001. SHORT TITLE. This chapter may be cited as
the Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act.
Sec. 1254.002. DEFINITIONS. In this chapter:
(1) "Adult" means an individual who is 18 years of age
or older.
(2) "Conservator" means a person appointed by the
court of another state to administer the property of an adult.
(3) "Guardian" means:
(A) if used in reference to a guardianship in
this state, a person appointed by the court to make decisions
regarding the person of an adult or to administer the property of an
adult. The term includes:
(i) a person appointed guardian of the
person of an adult ward under Chapter 1101;
(ii) a person appointed guardian of the
estate of an adult ward under Chapter 1101; and
(iii) a person appointed guardian of both
the person and estate of an adult ward under Chapter 1101; or
(B) if used in reference to a guardianship in
another state, a person appointed by the court of that state to make
decisions regarding the person of an adult.
(4) "Guardianship order" means an order appointing a
guardian.
(5) "Guardianship proceeding" means a judicial
proceeding in which an order for the appointment of a guardian is
sought or has been issued.
(6) "Incapacitated adult" means an adult for whom a
guardian has been appointed.
(7) "Party" means the respondent, petitioner,
guardian, conservator, or any other person allowed by the court to
participate in a guardianship or protective proceeding.
(8) "Person," except in the term protected person,
means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint
venture, public corporation, government or governmental
subdivision, agency, or instrumentality, or other legal or
commercial entity.
(9) "Protected person" means an adult for whom a
protective order has been issued.
(10) "Protective order" means an order appointing a
conservator or other order related to management of an adult's
property.
(11) "Protective proceeding" means a judicial
proceeding in which a protective order is sought or has been issued.
(12) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
(13) "Respondent" means an adult for whom a protective
order or the appointment of a guardian is sought.
(14) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, a federally recognized Indian tribe, or any territory or
insular possession subject to the jurisdiction of the United
States.
Sec. 1254.003. INTERNATIONAL APPLICATION OF CHAPTER. A
court of this state may treat a foreign country as if it were a state
for the purpose of applying this subchapter and Subchapters B, C,
and E.
Sec. 1254.004. COMMUNICATION BETWEEN COURTS. (a) A court
of this state may communicate with a court in another state
concerning a proceeding arising under this chapter. The court may
allow the parties to participate in the communication. Except as
otherwise provided in Subsection (b), the court shall make a record
of the communication. The record may be limited to the fact that
the communication occurred.
(b) Courts may communicate concerning schedules, calendars,
court records, and other administrative matters without making a
record.
Sec. 1254.005. COOPERATION BETWEEN COURTS. (a) In a
guardianship proceeding in this state, a court of this state may
request the appropriate court of another state to do any of the
following:
(1) hold an evidentiary hearing;
(2) order a person in that state to produce evidence or
give testimony pursuant to procedures of that state;
(3) order that an evaluation or assessment be made of
the respondent;
(4) order any appropriate investigation of a person
involved in a proceeding;
(5) forward to the court of this state a certified copy
of the transcript or other record of a hearing under Subdivision (1)
or any other proceeding, any evidence otherwise produced under
Subdivision (2), any evaluation or assessment prepared in
compliance with an order under Subdivision (3), and the results of
any investigation conducted in compliance with an order under
Subdivision (4);
(6) issue any order necessary to assure the appearance
in the proceeding of a person whose presence is necessary for the
court to make a determination, including the respondent or the
adult ward; or
(7) issue an order authorizing the release of medical,
financial, criminal, or other relevant information in that state,
including protected health information that is subject to 45 C.F.R.
Section 164.504.
(b) If a court of another state in which a guardianship or
protective proceeding is pending requests assistance of the kind
provided in Subsection (a), a court of this state has jurisdiction
for the limited purpose of granting the request or making
reasonable efforts to comply with the request.
Sec. 1254.006. TAKING TESTIMONY IN ANOTHER STATE. (a) In a
guardianship proceeding, in addition to other procedures that may
be available, testimony of a witness who is located in another state
may be offered by deposition or other means allowable in this state
for testimony taken in another state. The court on its own motion
may order that the testimony of a witness be taken in another state
and may prescribe the manner in which and the terms on which the
testimony is to be taken.
(b) In a guardianship proceeding, a court in this state may
permit a witness located in another state to be deposed or to
testify by telephone or audiovisual or other electronic means. A
court of this state shall cooperate with the court of the other
state in designating an appropriate location for the deposition or
testimony.
(c) Documentary evidence transmitted from another state to
a court of this state by technological means that do not produce an
original writing may not be excluded from evidence on an objection
based on the best evidence rule.
Sec. 1254.007. CONFLICT WITH OTHER PROVISIONS OF TITLE. To
the extent of any conflict between a provision of this chapter and
any other provision of this title, the provision of this chapter
controls.
Sec. 1254.008. CERTAIN PROVISIONS OF TITLE NOT APPLICABLE.
Chapter 1002 does not apply to this chapter.
SUBCHAPTER B. JURISDICTION
Sec. 1254.051. DEFINITIONS; SIGNIFICANT-CONNECTION
FACTORS. (a) In this subchapter:
(1) "Emergency" means a circumstance that likely will
result in substantial harm to a respondent's health, safety, or
welfare, and for which the appointment of a guardian is necessary
because no other person has authority and is willing to act on the
respondent's behalf.
(2) "Home state" means the state in which the
respondent was physically present, including any period of
temporary absence, for at least six consecutive months immediately
before the filing of a petition for a protective order or the
appointment of a guardian in another state or the filing of an
application for the appointment of a guardian in this state; or if
none, the state in which the respondent was physically present,
including any period of temporary absence, for at least six
consecutive months ending within the six months prior to the filing
of the petition or application.
(3) "Significant-connection state" means a state,
other than the home state, with which a respondent has a significant
connection other than mere physical presence and in which
substantial evidence concerning the respondent is available.
(b) In determining under Sections 1254.053 and 1254.101(e)
whether a respondent has a significant connection with a particular
state, the court shall consider:
(1) the location of the respondent's family and other
persons required to be notified of the guardianship proceeding;
(2) the length of time the respondent at any time was
physically present in the state and the duration of any absence;
(3) the location of the respondent's property; and
(4) the extent to which the respondent has ties to the
state such as voting registration, state or local tax return
filing, vehicle registration, driver's license, social
relationship, and receipt of services.
Sec. 1254.052. EXCLUSIVE BASIS. Notwithstanding any other
provision of this title, this subchapter provides the exclusive
jurisdictional basis for a court of this state to appoint a guardian
of the person or estate, or both, for an adult.
Sec. 1254.053. JURISDICTION. A court of this state has
jurisdiction to appoint a guardian of the person or estate, or both,
for a respondent if:
(1) this state is the respondent's home state;
(2) on the date the application is filed, this state is
a significant-connection state and:
(A) the respondent does not have a home state or a
court of the respondent's home state has declined to exercise
jurisdiction because this state is a more appropriate forum; or
(B) the respondent has a home state, a petition
for an appointment of a guardian or issuance of a protective order
is not pending in a court of that state or another
significant-connection state, and, before the court makes the
appointment:
(i) a petition for an appointment of a
guardian or issuance of a protective order is not filed in the
respondent's home state;
(ii) an objection to the court's
jurisdiction is not filed by a person required to be notified of the
proceeding; and
(iii) the court in this state concludes
that it is an appropriate forum under the factors set forth in
Section 1254.056;
(3) this state does not have jurisdiction under either
Subdivision (1) or (2), the respondent's home state and all
significant-connection states have declined to exercise
jurisdiction because this state is the more appropriate forum, and
jurisdiction in this state is consistent with provisions of the
Texas Constitution and the United States Constitution; or
(4) the requirements for special jurisdiction under
Section 1254.054 are met.
Sec. 1254.054. SPECIAL JURISDICTION. (a) A court of this
state lacking jurisdiction under Section 1254.053(1), (2), or (3)
has special jurisdiction to do any of the following:
(1) appoint a guardian of the person in an emergency
for a term not to exceed 90 days for a respondent who is physically
present in this state;
(2) appoint a guardian of the estate with respect to
real or tangible personal property located in this state; or
(3) appoint a guardian of the person, guardian of the
estate, or guardian of both the person and estate, as applicable,
for an incapacitated adult or protected person for whom a
provisional order to transfer the proceeding from another state has
been issued under procedures similar to Section 1254.101.
(b) If an application for the appointment of a guardian of
the person in an emergency is brought in this state and this state
was not the respondent's home state on the date the application was
filed, the court shall dismiss the proceeding at the request of the
court of the home state, if any, whether dismissal is requested
before or after the emergency appointment.
Sec. 1254.055. EXCLUSIVE AND CONTINUING JURISDICTION.
Except as otherwise provided in Section 1254.054, a court that has
appointed a guardian of the person or estate, or both, consistent
with this chapter has exclusive and continuing jurisdiction over
the proceeding until it is terminated by the court or the
appointment expires by its own terms.
Sec. 1254.056. APPROPRIATE FORUM. (a) A court of this
state having jurisdiction under Section 1254.053 to appoint a
guardian of the person or estate, or both, may decline to exercise
its jurisdiction if it determines at any time that a court of
another state is a more appropriate forum.
(b) If a court of this state declines to exercise its
jurisdiction under Subsection (a), it shall either dismiss or stay
the proceeding. The court may impose any condition the court
considers just and proper, including the condition that a petition
for the appointment of a guardian or issuance of a protective order
be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the
court shall consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect, or exploitation of the
respondent has occurred or is likely to occur and which state could
best protect the respondent from the abuse, neglect, or
exploitation;
(3) the length of time the respondent was physically
present in or was a legal resident of this or another state;
(4) the distance of the respondent from the court in
each state;
(5) the financial circumstances of the respondent's
estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide
the issue expeditiously and the procedures necessary to present
evidence;
(8) the familiarity of the court of each state with the
facts and issues in the proceeding; and
(9) if an appointment were made, the court's ability to
monitor the conduct of the guardian of the person or estate, or
both.
Sec. 1254.057. JURISDICTION DECLINED BY REASON OF CONDUCT.
(a) If at any time a court of this state determines that it acquired
jurisdiction to appoint a guardian of the person or estate, or both,
for an adult because of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of
fashioning an appropriate remedy to ensure the health, safety, and
welfare of the respondent or the protection of the respondent's
property or prevent a repetition of the unjustifiable conduct,
including staying the proceeding until a petition for the
appointment of a guardian or issuance of a protective order is filed
in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after
considering:
(A) the extent to which the respondent and all
persons required to be notified of the proceedings have acquiesced
in the exercise of the court's jurisdiction;
(B) whether it is a more appropriate forum than
the court of any other state under the factors set forth in Section
1254.056(c); and
(C) whether the court of any other state would
have jurisdiction under factual circumstances in substantial
conformity with the jurisdictional standards of Section 1254.053.
(b) If a court of this state determines that it acquired
jurisdiction to appoint a guardian of the person or estate, or both,
for an adult because a party seeking to invoke its jurisdiction
engaged in unjustifiable conduct, it may assess against that party
necessary and reasonable expenses, including attorney's fees,
investigative fees, court costs, communication expenses, witness
fees and expenses, and travel expenses. The court may not assess
fees, costs, or expenses of any kind against this state or a
governmental subdivision, agency, or instrumentality of this state
unless authorized by law other than this chapter.
Sec. 1254.058. NOTICE OF PROCEEDING. If an application for
the appointment of a guardian of the person or estate, or both, for
an adult is brought in this state and this state was not the
respondent's home state on the date the application was filed, in
addition to complying with the notice requirements of this state,
notice of the application must be given to those persons who would
be entitled to notice of the application if a proceeding were
brought in the respondent's home state. The notice must be given in
the same manner as notice is required to be given in this state.
Sec. 1254.059. PROCEEDINGS IN MORE THAN ONE STATE. Except
for an application for the appointment of a guardian of the person
in an emergency or the appointment of a guardian of the estate
limited to property located in this state under Section
1254.054(a)(1) or (2), if an application for the appointment of a
guardian is filed in this state and a petition for the appointment
of a guardian or issuance of a protective order is filed in another
state and neither the application nor petition has been dismissed
or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under
Section 1254.053, it may proceed with the case unless a court in
another state acquires jurisdiction under provisions similar to
Section 1254.053 before the appointment.
(2) If the court in this state does not have
jurisdiction under Section 1254.053, whether at the time the
application is filed or at any time before the appointment, the
court shall stay the proceeding and communicate with the court in
the other state. If the court in the other state has jurisdiction,
the court in this state shall dismiss the application unless the
court in the other state determines that the court in this state is
a more appropriate forum.
SUBCHAPTER C. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP
Sec. 1254.101. TRANSFER OF GUARDIANSHIP TO ANOTHER STATE.
(a) A guardian of the person or estate, or both, of an adult ward
appointed in this state may petition the court to transfer the
guardianship of the person or estate, or both, to another state.
(b) Notice of a petition under Subsection (a) must be given
to the persons that would be entitled to notice of an application in
this state for the appointment of a guardian of the person or
estate, or both, for an adult ward.
(c) On the court's own motion or on request of the guardian
of the person or estate, or both, of an adult ward, as applicable,
the adult ward, or another person required to be notified of the
petition, the court shall hold a hearing on a petition filed
pursuant to Subsection (a).
(d) The court shall issue a provisional order granting a
petition to transfer a guardianship of the person and shall direct
the guardian of the person to petition for guardianship in the other
state if the court is satisfied that the guardianship of the person
will be accepted by the court in the other state and the court finds
that:
(1) the adult ward for whom a guardian of the person
has been appointed is physically present in or is reasonably
expected to move permanently to the other state;
(2) an objection to the transfer has not been made or,
if an objection has been made, the objector has not established that
the transfer would be contrary to the interests of the adult ward;
and
(3) plans for care and services for the adult ward in
the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a
petition to transfer a guardianship of the estate and shall direct
the guardian of the estate to petition for conservatorship in the
other state if the court is satisfied that the guardianship of the
estate will be accepted by the court of the other state and the
court finds that:
(1) the adult ward for whom a guardian of the estate
has been appointed is physically present in or is reasonably
expected to move permanently to the other state, or the adult ward
has a significant connection to the other state considering the
factors in Section 1254.051(b);
(2) an objection to the transfer has not been made or,
if an objection has been made, the objector has not established that
the transfer would be contrary to the interests of the adult ward;
and
(3) adequate arrangements will be made for management
of the adult ward's property.
(f) The court shall issue a final order confirming the
transfer and terminating the guardianship of the person or estate,
or both, of the adult ward, as applicable, on its receipt of:
(1) a provisional order accepting the proceeding from
the court to which the proceeding is to be transferred which is
issued under provisions similar to Section 1254.102; and
(2) the documents required to terminate in this state
a guardianship of the person or estate, or both, of an adult ward,
as applicable.
Sec. 1254.102. ACCEPTING GUARDIANSHIP OR CONSERVATORSHIP
TRANSFERRED FROM ANOTHER STATE. (a) To confirm transfer of a
guardianship or conservatorship transferred to this state under
provisions similar to Section 1254.101, the guardian or conservator
must petition the court in this state to accept the guardianship or
conservatorship. The petition must include a certified copy of the
other state's provisional order of transfer.
(b) Notice of a petition under Subsection (a) must be given
to those persons that would be entitled to notice if the petition
were a petition or application for the appointment of a guardian or
issuance of a protective order in both the transferring state and
this state. The notice must be given in the same manner as notice is
required to be given in this state.
(c) On the court's own motion or on request of the guardian
or conservator, the incapacitated adult or protected person, or
another person required to be notified of the proceeding, the court
shall hold a hearing on a petition filed pursuant to Subsection (a).
(d) The court shall issue a provisional order granting a
petition filed under Subsection (a) unless:
(1) an objection is made and the objector establishes
that transfer of the proceeding would be contrary to the interests
of the incapacitated adult or protected person; or
(2) the guardian or conservator is ineligible for
appointment in this state.
(e) The court shall issue a final order accepting the
proceeding and appointing the guardian or conservator as guardian
of the person or estate, or both, as applicable, in this state on
its receipt from the court from which the proceeding is being
transferred of a final order issued under provisions similar to
Section 1254.101 transferring the proceeding to this state.
(f) Not later than 90 days after issuance of a final order
accepting transfer of a guardianship or conservatorship, the court
shall determine whether the guardianship or conservatorship needs
to be modified to conform to the law of this state.
(g) In granting a petition under this section, the court
shall recognize a guardianship or conservatorship order from the
other state, including the determination of the incapacitated
adult's or protected person's incapacity and the appointment of the
guardian or conservator.
(h) The denial by a court of this state of a petition to
accept a guardianship or conservatorship transferred from another
state does not affect the ability of the guardian or conservator to
seek appointment in this state as guardian of the person or estate,
or both, of the adult under Section 1101.001 if the court has
jurisdiction to make an appointment other than by reason of the
provisional order of transfer.
SUBCHAPTER D. REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER
STATES
Sec. 1254.151. REGISTRATION OF GUARDIANSHIP ORDERS FROM
OTHER STATES. If a guardian has been appointed in another state and
an application for the appointment of a guardian of the person or
guardian of both the person and estate of the adult is not pending
in this state, the guardian appointed in the other state, after
giving notice to the appointing court of an intent to register, may
register the guardianship order in this state by filing as a foreign
judgment in a court, in any appropriate county of this state,
certified copies of the order and letters of office.
Sec. 1254.152. REGISTRATION OF PROTECTIVE ORDERS. If a
conservator has been appointed in another state and an application
for the appointment of a guardian of the estate or guardian of both
the person and estate of the adult is not pending in this state, the
conservator appointed in the other state, after giving notice to
the appointing court of an intent to register, may register the
protective order in this state by filing as a foreign judgment in a
court of this state, in any county in which property belonging to
the protected person is located, certified copies of the order and
letters of office and of any bond.
Sec. 1254.153. EFFECT OF REGISTRATION. (a) On
registration of a guardianship or protective order from another
state, the guardian or conservator may exercise in this state all
powers authorized in the order of appointment except as prohibited
under the laws of this state, including maintaining actions and
proceedings in this state and, if the guardian or conservator is not
a resident of this state, subject to any conditions imposed on
nonresident parties.
(b) A court of this state may grant any relief available
under this chapter and other laws of this state to enforce a
registered order.
SUBCHAPTER E. MISCELLANEOUS PROVISIONS
Sec. 1254.201. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this chapter, consideration must be
given to the need to promote uniformity of the law with respect to
the subject matter of this chapter among states that enact a law
substantially similar to this chapter.
Sec. 1254.202. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
supersedes the federal Electronic Signatures in Global and National
Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
7001(c)) or authorize electronic delivery of any of the notices
described in Section 103(b) of that Act (15 U.S.C. Section
7003(b)).
SECTION 2. The heading to Chapter 1253, Estates Code, is
amended to read as follows:
CHAPTER 1253. INTERSTATE GUARDIANSHIPS INVOLVING MINORS
SECTION 3. Sections 1253.001 and 1253.002, Estates Code,
are amended to read as follows:
Sec. 1253.001. APPLICATION TO TRANSFER GUARDIANSHIP TO
FOREIGN JURISDICTION. A guardian of the person or estate of a minor
ward may apply to the court that has jurisdiction over the
guardianship to transfer the guardianship to a court in a foreign
jurisdiction to which the ward has permanently moved.
Sec. 1253.002. NOTICE OF APPLICATION. Notice of an
application to transfer a guardianship under this subchapter shall
be:
(1) served personally on the minor ward; and
(2) given to the foreign court to which the
guardianship is to be transferred.
SECTION 4. Sections 1253.003(a) and (b), Estates Code, are
amended to read as follows:
(a) On the court's own motion or on the motion of the minor
ward or any interested person, the court shall hold a hearing to
consider an application to transfer a guardianship under this
subchapter.
(b) The court shall transfer a guardianship to a foreign
court if the court determines the transfer is in the best interests
of the minor ward. The transfer of the guardianship must be made
contingent on the acceptance of the guardianship in the foreign
jurisdiction.
SECTION 5. Sections 1253.051 and 1253.052, Estates Code,
are amended to read as follows:
Sec. 1253.051. APPLICATION FOR RECEIPT AND ACCEPTANCE OF
FOREIGN GUARDIANSHIP. A guardian appointed by a foreign court to
represent a minor [an incapacitated person] who is residing in this
state or intends to move to this state may file an application with
a court in which the minor ward resides or intends to reside to have
the guardianship transferred to the court. The application must
have attached a certified copy of all papers of the guardianship
filed and recorded in the foreign court.
Sec. 1253.052. NOTICE OF APPLICATION. Notice of an
application for receipt and acceptance of a foreign guardianship
under this subchapter shall be:
(1) served personally on the minor ward; and
(2) given to the foreign court from which the
guardianship is to be transferred.
SECTION 6. Sections 1253.053(c) and (d), Estates Code, are
amended to read as follows:
(c) The court shall grant the application if the transfer of
the guardianship from the foreign jurisdiction is in the best
interests of the minor ward.
(d) In granting the application, the court shall give full
faith and credit to the provisions of the foreign guardianship
order concerning the determination of the minor ward's incapacity
and the rights, powers, and duties of the guardian.
SECTION 7. Sections 1253.056 and 1253.101, Estates Code,
are amended to read as follows:
Sec. 1253.056. CONSTRUCTION WITH OTHER LAW. The denial of
an application for receipt and acceptance of a guardianship under
this subchapter does not affect the right of a guardian appointed by
a foreign court to file an application to be appointed guardian of
the minor [incapacitated person] under Section 1101.001.
Sec. 1253.101. DELAY OF CERTAIN GUARDIANSHIP PROCEEDINGS.
A court in which a guardianship proceeding involving a minor is
filed and in which venue of the proceeding is proper may delay
further action in the proceeding in that court if:
(1) another guardianship proceeding involving a
matter at issue in the proceeding filed in the court is subsequently
filed in a court in a foreign jurisdiction; and
(2) venue of the proceeding in the foreign court is
proper.
SECTION 8. Section 1253.102(b), Estates Code, is amended to
read as follows:
(b) In making a determination under Subsection (a), the
court may consider:
(1) the interests of justice;
(2) the best interests of the minor ward or proposed
minor ward;
(3) the convenience of the parties; and
(4) the preference of the minor ward or proposed minor
ward, if the ward or proposed ward is at least 12 years of age [or
older].
SECTION 9. Sections 1253.103 and 1253.151, Estates Code,
are amended to read as follows:
Sec. 1253.103. NECESSARY ORDERS. A court that delays
further action in a guardianship proceeding under Section 1253.101
may issue any order the court considers necessary to protect the
proposed minor ward or the proposed minor ward's estate.
Sec. 1253.151. DETERMINATION OF ACQUISITION OF
JURISDICTION IN THIS STATE DUE TO UNJUSTIFIABLE CONDUCT. If at any
time a court of this state determines that it acquired jurisdiction
of a proceeding for the appointment of a guardian of the person or
estate, or both, of a minor ward or proposed minor ward because of
unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of
fashioning an appropriate remedy to ensure the health, safety, and
welfare of the minor ward or proposed minor ward or the protection
of the minor ward's or proposed minor ward's property or prevent a
repetition of the unjustifiable conduct, including staying the
proceeding until a petition for the appointment of a guardian or
issuance of a protective order is filed in a court of another state
having jurisdiction; or
(3) continue to exercise jurisdiction after
considering:
(A) the extent to which the minor ward or
proposed minor ward and all persons required to be notified of the
proceedings have acquiesced in the exercise of the court's
jurisdiction;
(B) whether the court of this state is a more
appropriate forum than the court of any other state after
considering the factors described by Section 1253.102(b); and
(C) whether the court of any other state would
have jurisdiction under the factual circumstances of the matter.
SECTION 10. Section 1253.152(a), Estates Code, is amended
to read as follows:
(a) If a court of this state determines that it acquired
jurisdiction of a proceeding for the appointment of a guardian of
the person or estate, or both, of a minor ward or proposed minor
ward because a party seeking to invoke the court's jurisdiction
engaged in unjustifiable conduct, the court may assess against that
party necessary and reasonable expenses, including attorney's
fees, investigative fees, court costs, communication expenses,
witness fees and expenses, and travel expenses.
SECTION 11. (a) Chapter 1254, Estates Code, as added by
this Act, applies to proceedings for guardianship instituted on or
after the effective date of this Act.
(b) Subchapters A, C, D, and E, Chapter 1254, Estates Code,
as added by this Act, apply to proceedings for guardianship
instituted before the effective date of this Act, regardless of
whether a guardianship of the person or estate, or both, for an
adult ward has been created by a court.
SECTION 12. The changes in law made by this Act to Sections
1253.001, 1253.002, 1253.003, 1253.051, 1253.052, 1253.053,
1253.056, 1253.101, 1253.102, 1253.103, 1253.151, and 1253.152,
Estates Code, apply only to a guardianship proceeding filed on or
after the effective date of this Act. A guardianship proceeding
filed before the effective date of this Act is governed by the law
in effect on the date the proceeding was filed, and the former law
is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2015.