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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of a guardian of an incapacitated person |
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ordered by a court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 761, Texas Probate Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The court clerk shall issue notice of an order |
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rendered by the court removing a guardian under Subsection (a)(1), |
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(2), (3), (4), (6), (7), or (8) of this section. The notice must: |
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(1) state the names of the ward and the removed |
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guardian; |
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(2) state the date the court signed the order of |
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removal; |
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(3) contain the following statement printed in |
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12-point bold font: |
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"If you have been removed from serving as guardian under |
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Section 761(a)(6) or (7), Texas Probate Code, you have the right to |
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contest the order of removal by filing an application with the court |
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for a hearing under Section 762, Texas Probate Code, to determine |
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whether you should be reinstated as guardian. The application must |
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be filed not later than the 30th day after the date the court signed |
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the order of removal."; |
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(4) contain as an attachment a copy of the order of |
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removal; and |
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(5) be personally served on the removed guardian not |
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later than the seventh day after the date the court signed the order |
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of removal. |
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SECTION 2. Subsections (a), (c), and (d), Section 762, |
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Texas Probate Code, are amended to read as follows: |
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(a) Not later than the 30th [10th] day after the date the
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court signs the order of removal, a guardian [personal |
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representative] who is removed under Section 761(a)(6) [Subsection |
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(a)(6)] or (7)[, Section 761,] of this code may file an application
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with the court for a hearing to determine whether the guardian
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[personal representative] should be reinstated.
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(c) The court shall hold a hearing on an application for |
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reinstatement under this section as soon as practicable after the |
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application is filed, but not later than the 60th day after the date |
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the court signed the order of removal. If, at the conclusion of the
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[a] hearing [under this section], the court is satisfied by a
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preponderance of the evidence that the applicant did not engage in |
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the conduct that directly led to the applicant's removal, the court |
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shall set aside an order appointing a successor guardian
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[representative], if any, and shall enter an order reinstating the
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applicant as guardian [personal representative] of the ward or
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estate. |
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(d) If the court sets aside the appointment of a successor |
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guardian [representative] under this section, the court may require
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the successor guardian [representative] to prepare and file, under
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oath, an accounting of the estate and to detail the disposition the |
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successor has made of the property of the estate. |
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SECTION 3. The changes in law made by this Act to Sections |
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761 and 762, Texas Probate Code, apply only to a removal of a |
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guardian ordered by a court on or after the effective date of this |
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Act. A removal of a guardian ordered by a court before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was rendered, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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