H.B. No. 1954 amends various sections of the Estates Code to clarify and enhance the role of guardians ad litem in guardianship proceedings. The bill defines a "guardian ad litem" as a person appointed by the court to represent the best interests of an incapacitated person or proposed ward in a guardianship proceeding. It allows judges to appoint guardians ad litem specifically for proposed wards and ensures that these guardians are not liable for civil damages arising from their recommendations or opinions. Additionally, the bill restricts individuals with adverse interests from filing applications or contesting guardianship matters, including the removal of a guardian.
The bill also introduces new requirements for court orders regarding annual accounts and reports from guardians. If a court approves an annual account or report, it must enter an order to that effect. Conversely, if the court does not approve, it must require the guardian to file a revised account or report within a specified timeframe, not exceeding 30 days. These amendments aim to streamline the guardianship process and ensure that the interests of incapacitated persons and proposed wards are adequately protected. The provisions of the bill will apply to guardianship proceedings that are pending or commenced on or after its effective date of September 1, 2025.
Statutes affected: Introduced: 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 1054, Estates Code 1163, Estates Code 1055, Estates Code 1002)
House 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 1054, Estates Code 1163, Estates Code 1055, Estates Code 1002)