S.B. No. 1710
 
 
 
 
AN ACT
  relating to applications for the complete restoration of a ward's
  capacity or modification of a guardianship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1202.051, Estates Code, is amended to
  read as follows:
         Sec. 1202.051.  APPLICATION AUTHORIZED.  
  (a)  Notwithstanding Section 1055.003, a [A] ward or any person
  interested in the ward's welfare may file a written application
  with the court for an order:
               (1)  finding that the ward is no longer an
  incapacitated person and ordering the settlement and closing of the
  guardianship;
               (2)  finding that the ward lacks the capacity, or lacks
  sufficient capacity with supports and services, to do some or all of
  the tasks necessary to provide food, clothing, or shelter for
  himself or herself, to care for the ward's own physical health, or
  to manage the ward's own financial affairs and granting additional
  powers or duties to the guardian; or
               (3)  finding that the ward has the capacity, or
  sufficient capacity with supports and services, to do some, but not
  all, of the tasks necessary to provide food, clothing, or shelter
  for himself or herself, to care for the ward's own physical health,
  or to manage the ward's own financial affairs and:
                     (A)  limiting the guardian's powers or duties; and
                     (B)  permitting the ward to care for himself or
  herself, make personal decisions regarding residence, or manage the
  ward's own financial affairs commensurate with the ward's ability,
  with or without supports and services.
         (b)  If the guardian of a ward who is the subject of an
  application filed under Subsection (a) has resigned, was removed,
  or has died, the court may not require the appointment of a
  successor guardian before considering the application.
         SECTION 2.  Section 1202.054, Estates Code, is amended by
  adding Subsections (b-1) and (b-2) and amending Subsection (c) to
  read as follows:
         (b-1)  A written letter or certificate from a physician as
  described by Section 1202.152 is not required before the
  appointment of the court investigator or a guardian ad litem under
  Subsection (b).
         (b-2)  Not later than the 30th day after the date the court
  receives an informal letter from a ward under Subsection (a), the
  court shall send the ward a letter by certified mail:
               (1)  acknowledging receipt of the informal letter; and
               (2)  advising the ward of the date on which the court
  appointed the court investigator or guardian ad litem as required
  under Subsection (b) and the contact information for the court
  investigator or guardian ad litem.
         (c)  The court investigator or guardian ad litem shall file
  with the court and provide to the ward a report of the
  investigation's findings and conclusions.  If the court
  investigator or guardian ad litem determines that it is in the best
  interest of the ward to terminate or modify the guardianship, the
  court investigator or guardian ad litem shall file an application
  under Section 1202.051 on the ward's behalf.
         SECTION 3.  (a)  The changes in law made by this Act to
  Section 1202.051, Estates Code, apply to an application for the
  complete restoration of a ward's capacity or modification of a
  guardianship filed before, on, or after the effective date of this
  Act.
         (b)  The changes in law made by this Act to Section 1202.054,
  Estates Code, apply only to a request by informal letter for a court
  order that is delivered on or after the effective date of this Act.
  A request by informal letter for a court order that is delivered
  before the effective date of this Act is governed by the law in
  effect on the date the informal letter was delivered, and the former
  law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1710 passed the Senate on
  April 19, 2017, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1710 passed the House on
  May 23, 2017, by the following vote:  Yeas 145, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor