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