This bill amends the "Estates and Protected Individuals Code" to improve the legal framework for appointing guardians for individuals deemed incapacitated. Key provisions include a requirement for petitions to detail specific facts about the individual's condition and conduct, as well as the court's obligation to provide written information on alternatives to full guardianship prior to filing. The bill establishes an initial hearing process where a guardian ad litem may be appointed if the individual lacks legal representation, and allows for a final order to be issued at this hearing if no trial date is set. It also emphasizes the individual's rights to be present at hearings, obtain independent evaluations, and secure legal counsel.

Further amendments clarify the standards for appointing guardians, necessitating clear and convincing evidence of incapacity and the need for guardianship. The bill promotes self-reliance and independence for individuals under guardianship, limiting the powers of guardians to what is strictly necessary. It establishes rights for individuals, including the ability to contest appointments and receive notifications of changes. Additionally, the bill introduces provisions for emergency guardianship, requiring a court hearing within seven days of a petition. It also outlines the fiduciary responsibilities of conservators, mandating they act with the care of a trustee and ensure individuals can attend related hearings if desired. The bill's enactment is contingent upon the passage of specified bills in the 103rd Legislature and will take effect 365 days after being signed into law.

Statutes affected:
House Introduced Bill: 700.5303