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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and reporting of investigations of certified |
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guardians conducted by the Guardianship Certification Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 1163.005, Estates Code, |
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as effective January 1, 2014, is amended to read as follows: |
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Sec. 1163.005. VERIFICATION OF ACCOUNT AND STATEMENT |
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REGARDING TAXES AND STATUS AS GUARDIAN. |
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SECTION 2. Section 1163.005(a), Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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(a) The guardian of the estate shall attach to an account |
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the guardian's affidavit stating: |
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(1) that the account contains a correct and complete |
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statement of the matters to which the account relates; |
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(2) that the guardian has paid the bond premium for the |
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next accounting period; |
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(3) that the guardian has filed all tax returns of the |
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ward due during the accounting period; [and] |
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(4) that the guardian has paid all taxes the ward owed |
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during the accounting period, the amount of the taxes, the date the |
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guardian paid the taxes, and the name of the governmental entity to |
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which the guardian paid the taxes; and |
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(5) if the guardian is certified under Subchapter C, |
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Chapter 111, Government Code, whether the guardian is or has been |
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the subject of an investigation conducted by the Guardianship |
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Certification Board during the accounting period. |
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SECTION 3. Section 1163.101(c), Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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(c) The guardian of the person shall file a sworn affidavit |
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that contains: |
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(1) the guardian's current name, address, and |
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telephone number; |
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(2) the ward's date of birth and current name, address, |
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telephone number, and age; |
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(3) a description of the type of home in which the ward |
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resides, which shall be described as: |
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(A) the ward's own home; |
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(B) a nursing home; |
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(C) a guardian's home; |
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(D) a foster home; |
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(E) a boarding home; |
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(F) a relative's home, in which case the |
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description must specify the relative's relationship to the ward; |
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(G) a hospital or medical facility; or |
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(H) another type of residence; |
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(4) statements indicating: |
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(A) the length of time the ward has resided in the |
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present home; |
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(B) the reason for a change in the ward's |
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residence, if a change in the ward's residence has occurred in the |
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past year; |
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(C) the date the guardian most recently saw the |
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ward; |
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(D) how frequently the guardian has seen the ward |
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in the past year; |
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(E) whether the guardian has possession or |
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control of the ward's estate; |
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(F) whether the ward's mental health has |
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improved, deteriorated, or remained unchanged during the past year, |
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including a description of the change if a change has occurred; |
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(G) whether the ward's physical health has |
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improved, deteriorated, or remained unchanged during the past year, |
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including a description of the change if a change has occurred; |
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(H) whether the ward has regular medical care; |
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and |
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(I) the ward's treatment or evaluation by any of |
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the following persons during the past year, including the person's |
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name and a description of the treatment: |
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(i) a physician; |
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(ii) a psychiatrist, psychologist, or other |
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mental health care provider; |
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(iii) a dentist; |
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(iv) a social or other caseworker; or |
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(v) any other individual who provided |
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treatment; |
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(5) a description of the ward's activities during the |
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past year, including recreational, educational, social, and |
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occupational activities, or a statement that no activities were |
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available or that the ward was unable or refused to participate in |
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activities; |
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(6) the guardian's evaluation of: |
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(A) the ward's living arrangements as excellent, |
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average, or below average, including an explanation if the |
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conditions are below average; |
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(B) whether the ward is content or unhappy with |
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the ward's living arrangements; and |
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(C) unmet needs of the ward; |
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(7) a statement indicating whether the guardian's |
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power should be increased, decreased, or unaltered, including an |
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explanation if a change is recommended; |
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(8) a statement indicating that the guardian has paid |
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the bond premium for the next reporting period; [and] |
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(9) if the guardian is certified under Subchapter C, |
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Chapter 111, Government Code, a statement indicating whether the |
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guardian is or has been the subject of an investigation conducted by |
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the Guardianship Certification Board during the past year; and |
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(10) any additional information the guardian desires |
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to share with the court regarding the ward, including: |
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(A) whether the guardian has filed for emergency |
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detention of the ward under Subchapter A, Chapter 573, Health and |
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Safety Code; and |
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(B) if applicable, the number of times the |
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guardian has filed for emergency detention and the dates of the |
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applications for emergency detention. |
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SECTION 4. Subchapter C, Chapter 111, Government Code, is |
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amended by adding Section 111.045 to read as follows: |
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Sec. 111.045. NOTICE OF INVESTIGATION OF CERTIFIED |
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GUARDIAN. (a) Not later than the 30th day after the date the board |
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commences an investigation of a guardian who holds a certificate |
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issued under Section 111.042, the board shall notify each probate |
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court that has appointed the guardian as guardian of a person or |
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estate of the fact of the investigation. |
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(b) The board shall make available to a probate court on |
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request the name and address of each individual issued a |
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certificate under Section 111.042 who is the subject of a pending |
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investigation being conducted by the board. |
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SECTION 5. (a) Except as otherwise provided by this |
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section, this Act takes effect January 1, 2014. |
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(b) Section 111.045, Government Code, as added by this Act, |
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takes effect September 1, 2013. |