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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of probable cause for a court to |
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ascertain whether a person is an incapacitated person for purposes |
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of the appointment of a guardian ad litem or court investigator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1102.002, Estate Code is amended to read |
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as follows: |
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To establish probable cause under Section 1102.001, the court |
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shall [may] require: |
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(1) an affidavit from an interested person that |
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alleges facts demonstrating that an individual is an incapacitated |
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person under Section 1002.017(2), Estate Code; and [an information
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letter about the person believed to be incapacitated that is
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submitted by an interested person and satisfies the requirements of
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Section 1102.003; or]
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(2) written letter or certificate from a physician who has |
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examined the person believed to be incapacitated that satisfies the |
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requirements of Section 1101.103, except that the letter must be |
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[.] |
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; and |
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(A) dated not earlier than the 120th day before the |
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date of the appointment of a guardian ad litem or court investigator |
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under Section 1102.001; and |
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(B) based on an examination the physician performed |
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not earlier than the 120th day before that date. |
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(3) a hearing, consistent with standards of due process, |
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that is held subsequent to the date of the physician's letter |
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referenced in subdivision (2), but not later than thirty (30) days |
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prior to the date of the appointment of a guardian ad litem, and |
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during which any interested person may submit oral or written |
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evidence regarding the condition of the person who is alleged to be |
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incapacitated. |
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SECTION 2. Section 1102.003, Estate Code is repealed. |
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SECTION 3. This Act takes effect January 1, 2014. |