S.B. No. 746 aims to amend various sections of the Estates Code related to guardianship matters in Texas. Key changes include the definition of "guardian ad litem," which will now explicitly include representation for both incapacitated persons and proposed wards in guardianship proceedings. The bill also clarifies the responsibilities of a guardian ad litem, ensuring they protect the interests of the incapacitated person or proposed ward. Additionally, it establishes that guardians ad litem will not be liable for civil damages arising from their recommendations or opinions in their official capacity.

Further amendments include restrictions on individuals with adverse interests to a proposed ward or incapacitated person, preventing them from filing applications or contesting guardianship matters. The bill introduces new requirements for court orders regarding annual accounts and reports, mandating that if a court does not approve these documents, it must require the guardian to submit revised accounts or reports within a specified timeframe. The provisions of this bill will apply to guardianship proceedings that are pending or initiated on or after its effective date of September 1, 2025.

Statutes affected:
Introduced: Estates Code 1002.013, Estates Code 1051.103, Estates Code 1054.051, Estates Code 1054.054, Estates Code 1054.056, Estates Code 1055.001, Estates Code 1163.051, Estates Code 1163.104 (Estates Code 1051, Estates Code 1163, Estates Code 1054, Estates Code 1055, Estates Code 1002)
Senate Committee Report: Estates Code 1002.013, Estates Code 1054.051, Estates Code 1054.054, Estates Code 1054.056, Estates Code 1055.001, Estates Code 1163.051, Estates Code 1163.104 (Estates Code 1051, Estates Code 1163, Estates Code 1054, Estates Code 1055, Estates Code 1002)