bill updating guardianship law

The text as introduced · 983 words

89R2604 KFF-F

By: Thompson
H.B. No. 1954

A BILL TO BE ENTITLED

AN ACT

relating to guardianship matters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1002.013, Estates Code, is amended to

read as follows:

Sec. 1002.013. GUARDIAN AD LITEM. "Guardian ad litem"

means a person appointed by a court to represent the best interests

of an incapacitated person or proposed ward in a guardianship

proceeding.

SECTION 2. Section 1054.051(a), Estates Code, is amended to

read as follows:

(a) Subject to Subsection (b), the judge may appoint a

guardian ad litem to represent the interests of an incapacitated

person or proposed ward in a guardianship proceeding.

SECTION 3. Section 1054.054(b), Estates Code, is amended to

read as follows:

(b) A guardian ad litem shall protect the incapacitated

person or proposed ward whose interests the guardian has been

appointed to represent in a manner that will enable the court to

determine the action that will be in that person's best interests.

SECTION 4. Section 1054.056(a), Estates Code, is amended to

read as follows:

(a) Subject to Subsection (b), a guardian ad litem appointed

under this subchapter or Section 1102.001 or 1202.054 to represent

the interests of an incapacitated person or proposed ward in a

guardianship proceeding involving the creation, modification, or

termination of a guardianship is not liable for civil damages

arising from a recommendation made or an opinion given in the

capacity of guardian ad litem.

SECTION 5. Section 1055.001(b), Estates Code, is amended to

read as follows:

(b) A person who has an interest that is adverse to a

proposed ward or incapacitated person may not:

(1) file an application to create a guardianship or

for the appointment of a guardian for the proposed ward or

incapacitated person;

(2) contest the creation of a guardianship for the

proposed ward or incapacitated person;

(3) contest the appointment of a person as a guardian

of the proposed ward or incapacitated person; [ or ]

(4) contest an application for complete restoration of

a ward's capacity or modification of a ward's guardianship ; or

(5) file a motion or complaint to request the removal

of a guardian or contest the request for removal of a guardian .

SECTION 6. Subchapter D, Chapter 1151, Estates Code, is

amended by adding Section 1151.156 to read as follows:

Sec. 1151.156. DUTY TO PRESERVE WARD'S ESTATE PLAN. (a)

The guardian of the estate who on appointment has actual knowledge

of the existence of the ward's estate plan shall preserve, to the

extent reasonably possible, the plan, including probate and

nonprobate planning, if preserving the plan is consistent with the

ward's best interest based on all relevant factors, including:

(1) the value and nature of the ward's estate;

(2) the ward's foreseeable obligations and need for

maintenance;

(3) minimization of income, estate, inheritance, or

other taxes payable out of the ward's estate; and

(4) eligibility for resources reasonably available to

the ward, including government benefits available under state or

federal law.

(b) The guardian of the estate shall obtain court approval

before:

(1) changing or canceling the ward's beneficiary

designation under an account, contract, or another arrangement that

authorizes designation of a beneficiary in existence when the

guardian was appointed, including an insurance or annuity contract,

a qualified or nonqualified retirement plan, and an employment

agreement, such as a deferred compensation agreement;

(2) changing or canceling the designated payee under

the ward's payable or transfer on death account in existence when

the guardian was appointed; or

(3) closing an account described by Subdivision (1) or

(2).

(c) The guardian of the estate may request the court's

permission to restore the designated beneficiary described by

Subsection (b)(1) or designated payee described by Subsection

(b)(2) if the beneficiary or payee, as applicable, was canceled or

required to be canceled due to closure of the ward's account. On

receipt of the request, the court may grant the guardian's request

and grant the guardian authority to execute the beneficiary

designation form or payable or transfer on death form required by

the financial institution or other entity.

SECTION 7. Section 1163.051, Estates Code, is amended by

adding Subsections (d) and (e) to read as follows:

(d) If the court approves the annual account, the court

shall enter an order to that effect.

(e) If the court does not approve the annual account, the

court shall enter an order to that effect and require the guardian

of the estate to file another annual account within a period

prescribed by the order, which may not be later than the 20th day

after the date the order is entered.

SECTION 8. Section 1163.104, Estates Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) If the judge is satisfied that the facts stated in the

report are true, the court shall approve the report and enter an

order to that effect .

(a-1) If the court does not approve the annual report, the

court shall enter an order to that effect and require the guardian

of the person to file another annual report within a period

prescribed by the order, which may not be later than the 20th day

after the date the order is entered.

SECTION 9. Sections 1054.051, 1054.054, 1054.056,

1055.001, 1163.051, and 1163.104, Estates Code, as amended by this

Act, apply to a guardianship proceeding that is pending or

commenced on or after the effective date of this Act.

SECTION 10. Section 1151.156, Estates Code, as added by

this Act, applies only to the appointment of a guardian made on or

after the effective date of this Act. An appointment made before

the effective date of this Act is governed by the law in effect

immediately before the effective date of this Act, and the former

law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2025.