bill requiring 4.75 hours of training for guardians ad litem

The text as introduced · 460 words

By: Menéndez
S.B. No. 2939

A BILL TO BE ENTITLED

AN ACT

relating to certain mandatory training for guardians ad litem.

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

SECTION 1. Add Section 1054.0541 of the Estates Code as

follows:

Sec. 1054.0541. TRAINING FOR GUARDIANS AD LITEM. (a) A

guardian ad litem appointed under Subchapter B of this Chapter to

represent the interests of an incapacitated person in a

guardianship proceeding shall complete at least 4.75 hours of

training relating to representing the interests of an incapacitated

person in a guardianship proceeding as described by Subsection (b)

and Subsection (c) as soon as practicable after the guardian ad

litem is appointed. A guardian ad litem is not required to comply

with this subsection if the court finds that the guardian ad litem

has experience equivalent to the required education.

(b) An individual who is qualified for appointment as an

guardian ad litem to represent the interests of an incapacitated

person in a guardianship proceeding must complete at least 4.75

hours of training relating to the representation of the interests

of an incapacitated person in a guardianship proceeding every 2

years before the anniversary date of the guardian ad litem's

appointment.

(c) The training required by Subsection (b) must be designed

to educate a guardian ad litem regarding the guardian ad litem's

duty to represent the interests of an incapacitated person in a

guardianship proceeding and include information regarding:

(1) basic principles of guardianship law, including

the duties and responsibilities of a guardian ad litem;

(2) understanding the responsibilities of a guardian

ad litem in protecting the interests of the person subject to

the guardianship;

(3) the ethical obligations of a guardian ad litem,

including the duty to act in the best interests of the person

subject to the guardianship, avoiding conflicts of interest,

and ensuring impartiality;

(4) techniques for interviewing and communicating

with individuals subject to guardianship, as well as their

family members and other parties involved in the case;

(5) an overview of mental health, cognitive

impairments, and other medical conditions that may be

relevant in guardianship cases;

(6) guidance on how to assess the needs and best

interests of individuals subject to guardianship, including

the consideration of less restrictive alternatives to

guardianship when appropriate; and

(7) familiarization with the procedural aspects of

guardianship hearings, including the submission of reports

and testifying in court.

(d) The training required by Subsections (b) must:

(1) be low-cost and available to persons throughout this

state, including on the Internet; and

(2) focus on the duties of a guardian ad litem in, and the

procedures of and best practices for, representing the interests of

an incapacitated person in a guardianship proceeding.

SECTION 2. This Act takes effect September 1, 2025.