Bill Text: TX SB528 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to examination requirements for wards and proposed wards in certain guardianship matters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-20 - Referred to Jurisprudence [SB528 Detail]
Download: Texas-2013-SB528-Introduced.html
83R1339 MTB-F | ||
By: Rodriguez | S.B. No. 528 |
|
||
|
||
relating to examination requirements for wards and proposed wards | ||
in certain guardianship matters. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1101.103, Estates Code, as effective | ||
January 1, 2014, is amended to read as follows: | ||
Sec. 1101.103. DETERMINATION OF INCAPACITY OF CERTAIN | ||
ADULTS: PHYSICIAN OR PSYCHOLOGIST EXAMINATION. (a) Except as | ||
provided by Section 1101.104, the court may not grant an | ||
application to create a guardianship for an incapacitated person, | ||
other than a minor or person for whom it is necessary to have a | ||
guardian appointed only to receive funds from a governmental | ||
source, unless the applicant presents to the court a written letter | ||
or certificate from a physician or psychologist licensed in this | ||
state that is: | ||
(1) dated not earlier than the 120th day before the | ||
date the application is filed; and | ||
(2) based on an examination the physician or | ||
psychologist performed not earlier than the 120th day before the | ||
date the application is filed. | ||
(b) The letter or certificate must: | ||
(1) describe the nature, degree, and severity of the | ||
proposed ward's incapacity, including any functional deficits | ||
regarding the proposed ward's ability to: | ||
(A) handle business and managerial matters; | ||
(B) manage financial matters; | ||
(C) operate a motor vehicle; | ||
(D) make personal decisions regarding residence, | ||
voting, and marriage; and | ||
(E) consent to medical, dental, psychological, | ||
or psychiatric treatment; | ||
(2) in providing a description under Subdivision (1) | ||
regarding the proposed ward's ability to operate a motor vehicle | ||
and make personal decisions regarding voting, state whether in the | ||
physician's or psychologist's opinion the proposed ward: | ||
(A) has the mental capacity to vote in a public | ||
election; and | ||
(B) has the ability to safely operate a motor | ||
vehicle; | ||
(3) provide: | ||
(A) if a physician performs the examination, an | ||
evaluation of the proposed ward's physical condition and mental | ||
function and summarize the proposed ward's medical history if | ||
reasonably available; or | ||
(B) if a psychologist performs the examination, | ||
an evaluation of the proposed ward's mental function and summarize | ||
the proposed ward's psychological history, if applicable; | ||
(4) state how or in what manner the proposed ward's | ||
ability to make or communicate responsible decisions concerning | ||
himself or herself is affected by the proposed ward's physical or | ||
mental health, including the proposed ward's ability to: | ||
(A) understand or communicate; | ||
(B) recognize familiar objects and individuals; | ||
(C) perform simple calculations; | ||
(D) reason logically; and | ||
(E) administer to daily life activities; | ||
(5) state whether any current medication affects the | ||
proposed ward's demeanor or the proposed ward's ability to | ||
participate fully in a court proceeding; | ||
(6) describe the precise physical or [ |
||
conditions underlying a diagnosis of a mental disability, and state | ||
whether the proposed ward would benefit from supports and services | ||
that would allow the individual to live in the least restrictive | ||
setting; and | ||
(7) include any other information required by the | ||
court. | ||
(c) If the court determines it is necessary, the court may | ||
appoint a physician or psychologist [ |
||
examine the proposed ward. The court must make its determination | ||
with respect to the necessity for a physician's or psychologist's | ||
examination of the proposed ward at a hearing held for that | ||
purpose. Not later than the fourth day before the date of the | ||
hearing, the applicant shall give to the proposed ward and the | ||
proposed ward's attorney ad litem written notice specifying the | ||
purpose and the date and time of the hearing. | ||
(d) A physician or psychologist who examines the proposed | ||
ward, other than a physician or psychologist who examines the | ||
proposed ward under Section 1101.104(2), shall make available for | ||
inspection by the attorney ad litem appointed to represent the | ||
proposed ward a written letter or certificate from the physician or | ||
psychologist that complies with the requirements of Subsections (a) | ||
and (b). | ||
SECTION 2. Section 1202.152, Estates Code, as effective | ||
January 1, 2014, is amended to read as follows: | ||
Sec. 1202.152. PHYSICIAN'S OR PSYCHOLOGIST'S LETTER OR | ||
CERTIFICATE REQUIRED. (a) 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 or psychologist 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. | ||
(b) A letter or certificate presented under Subsection (a) | ||
must: | ||
(1) describe the nature and degree of incapacity, | ||
including, as appropriate, the medical or psychological history if | ||
reasonably available, or state that, in the physician's or | ||
psychologist's opinion, the ward has the capacity to: | ||
(A) provide food, clothing, and shelter for | ||
himself or herself; | ||
(B) care for the ward's own physical health; and | ||
(C) manage the ward's financial affairs; | ||
(2) provide: | ||
(A) if the letter or certificate is from a | ||
physician, a medical prognosis specifying the estimated severity of | ||
any incapacity; or | ||
(B) if the letter or certificate is from a | ||
psychologist, a psychological prognosis specifying the estimated | ||
severity of any mental incapacity; | ||
(3) state how or in what manner the ward's ability to | ||
make or communicate responsible decisions concerning himself or | ||
herself is affected by the ward's physical or mental health; | ||
(4) state whether any current medication affects the | ||
ward's demeanor or the ward's ability to participate fully in a | ||
court proceeding; | ||
(5) describe the precise physical or [ |
||
conditions underlying a diagnosis of senility, if applicable; and | ||
(6) include any other information required by the | ||
court. | ||
(c) If the court determines it is necessary, the court may | ||
appoint a physician or psychologist [ |
||
examine the ward in the same manner and to the same extent as a ward | ||
is examined by a physician or psychologist under Section 1101.103 | ||
or 1101.104. | ||
SECTION 3. (a) The changes in law made by this Act to | ||
Section 1101.103, Estates Code, apply only to an application for | ||
the creation of a guardianship filed on or after the effective date | ||
of this Act. An application for the creation of a guardianship | ||
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. | ||
(b) The changes in law made by this Act to Section 1202.152, | ||
Estates Code, apply only to an application for the complete | ||
restoration of a ward's capacity or modification of a guardianship | ||
filed on or after the effective date of this Act. An application | ||
for the complete restoration of a ward's capacity or modification | ||
of a guardianship 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 4. This Act takes effect January 1, 2014. |