HB1954 - Relating to guardianship matters.

  89R20609 KFF-F     By: Thompson H.B. No. 1954     Substitute the following for H.B. No. 1954:     By:  Schofield C.S.H.B. No. 1954       A BILL TO BE ENTITLED   AN ACT   relating to guardianship matters.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1002.013, Estates Code, is amended to   read as follows:          Sec. 1002.013.  GUARDIAN AD LITEM. "Guardian ad litem"   means a person appointed by a court to represent the best interests   of an incapacitated person or proposed ward in a guardianship   proceeding.          SECTION 2.  Section 1054.051(a), Estates Code, is amended to   read as follows:          (a)  Subject to Subsection (b), the judge may appoint a   guardian ad litem to represent the interests of an incapacitated   person or proposed ward in a guardianship proceeding.          SECTION 3.  Section 1054.054(b), Estates Code, is amended to   read as follows:          (b)  A guardian ad litem shall protect the incapacitated   person or proposed ward whose interests the guardian has been   appointed to represent in a manner that will enable the court to   determine the action that will be in that person's best interests.          SECTION 4.  Section 1054.056(a), Estates Code, is amended to   read as follows:          (a)  Subject to Subsection (b), a guardian ad litem appointed   under this subchapter or Section 1102.001 or 1202.054 to represent   the interests of an incapacitated person or proposed ward in a   guardianship proceeding involving the creation, modification, or   termination of a guardianship is not liable for civil damages   arising from a recommendation made or an opinion given in the   capacity of guardian ad litem.          SECTION 5.  Section 1055.001(b), Estates Code, is amended to   read as follows:          (b)  A person who has an interest that is adverse to a   proposed ward or incapacitated person may not:                (1)  file an application to create a guardianship or   for the appointment of a guardian for the proposed ward or   incapacitated person;                (2)  contest the creation of a guardianship for the   proposed ward or incapacitated person;                (3)  contest the appointment of a person as a guardian   of the proposed ward or incapacitated person; [ or ]                (4)  contest an application for complete restoration of   a ward's capacity or modification of a ward's guardianship ; or                 (5)     file a motion or complaint to request the removal   of a guardian or contest the request for removal of a guardian .          SECTION 6.  Section 1163.051, Estates Code, is amended by   adding Subsections (d) and (e) to read as follows:           (d)     If the court approves the annual account, the court   shall enter an order to that effect.           (e)     If the court does not approve the annual account, the   court shall enter an order to that effect and require the guardian   of the estate to file another annual account within a period   prescribed by the order, which may not be later than the 30th day   after the date the order is entered.          SECTION 7.  Section 1163.104, Estates Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  If the judge is satisfied that the facts stated in the   report are true, the court shall approve the report and enter an   order to that effect .           (a-1)     If the court does not approve the annual report, the   court shall enter an order to that effect and require the guardian   of the person to file another annual report within a period   prescribed by the order, which may not be later than the 30th day   after the date the order is entered.          SECTION 8.  Sections 1054.051, 1054.054, 1054.056,   1055.001, 1163.051, and 1163.104, Estates Code, as amended by this   Act, apply to a guardianship proceeding that is pending or   commenced on or after the effective date of this Act.          SECTION 9.  This Act takes effect September 1, 2025.