Bill Text: TX HB3914 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to certain court-initiated guardianship proceedings involving individuals believed to be incapacitated persons including the appointment of a guardian ad litem or court investigator.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB3914 Detail]
Download: Texas-2015-HB3914-Introduced.html
84R14432 CLG-F | ||
By: Klick | H.B. No. 3914 |
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relating to certain court-initiated guardianship proceedings | ||
involving individuals believed to be incapacitated persons | ||
including the appointment of a guardian ad litem or court | ||
investigator. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1102.001, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1102.001. COURT-INITIATED INVESTIGATION. (a) If a | ||
court has probable cause to believe that a person domiciled or found | ||
in the county in which the court is located is an incapacitated | ||
person, and the person does not have a guardian in this state, the | ||
court shall appoint a guardian ad litem or court investigator to | ||
investigate the person's conditions and circumstances to determine | ||
whether: | ||
(1) the person is an incapacitated person; and | ||
(2) a guardianship is necessary. | ||
(b) If a court appoints a guardian ad litem or court | ||
investigator under Subsection (a): | ||
(1) the person believed to be incapacitated may | ||
petition the court to have the appointment set aside; | ||
(2) the court's order appointing a guardian ad litem or | ||
court investigator must include a statement that the person | ||
believed to be incapacitated has the right to petition the court to | ||
have the appointment set aside; | ||
(3) not later than the 48th hour after the hour the | ||
court issues the order appointing a guardian ad litem or court | ||
investigator, the guardian ad litem or court investigator, as | ||
appropriate, shall provide a copy of the order to and discuss the | ||
contents of the order with the person believed to be incapacitated; | ||
and | ||
(4) within a reasonable time after the court issues | ||
the order appointing a guardian ad litem or court investigator, the | ||
court shall hold a preliminary hearing to determine whether there | ||
is a need for further investigation. | ||
SECTION 2. Section 1102.002, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1102.002. ESTABLISHMENT OF PROBABLE CAUSE FOR | ||
INVESTIGATION. (a) To establish probable cause under Section | ||
1102.001, the court shall [ |
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(1) require: | ||
(A) an affidavit [ |
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interested person that alleges facts about the person believed to | ||
be incapacitated that, if true, satisfy a requirement [ |
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as applicable [ |
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(B) [ |
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physician who has examined the person alleged [ |
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incapacitated that satisfies the requirements of Section 1101.103, | ||
except that the letter must be: | ||
(i) [ |
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day before the date of the appointment of a guardian ad litem or | ||
court investigator under Section 1102.001; and | ||
(ii) [ |
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physician performed not earlier than the 120th day before that | ||
date; and | ||
(2) subject to Subsection (b), conduct a preliminary | ||
hearing at which any interested person may offer evidence, | ||
including oral or written testimony, regarding the condition and | ||
circumstances of the person alleged to be incapacitated. | ||
(b) A preliminary hearing under Subsection (a)(2) must be | ||
held: | ||
(1) after the date of the physician's letter or | ||
certificate under Subsection (a)(1)(B), if applicable; and | ||
(2) not later than the 30th day before the date of the | ||
appointment of a guardian ad litem or court investigator under | ||
Section 1102.001. | ||
SECTION 3. Section 1102.003, Estates Code, is repealed. | ||
SECTION 4. The changes in law made by this Act apply to a | ||
guardianship proceeding commenced on or after the effective date of | ||
this Act. A guardianship proceeding commenced before that date is | ||
governed by the law in effect on the date the proceeding was | ||
commenced, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 5. This Act takes effect January 1, 2016. |