The bill, S.B. No. 1760, amends various sections of the Estates Code related to guardianships for incapacitated persons, primarily focusing on the transfer of guardianship proceedings between counties and the associated fees. Key changes include the requirement for the court to transfer proceedings to the proper county if the original court lacked venue, as outlined in the newly inserted Section 1023.006. Additionally, the bill introduces a transfer fee of $45 for guardianship cases moved from one county to another, ensuring that no other filing fees will be assessed in connection with the transferred case. The bill also updates the responsibilities of guardians, including new notification duties regarding the ward's status and changes in the guardian's contact information.
Further amendments clarify the procedures for the acceptance and documentation of transferred guardianship cases, including the use of standardized forms developed by the Office of Court Administration. The bill also revises the duties of guardians, such as the obligation to notify the court of significant changes in the ward's condition or residence. Other modifications include the removal of outdated language and the addition of provisions to ensure that guardianship processes are more efficient and transparent. The changes will take effect on September 1, 2025, and will apply to guardianships created before, on, or after that date, with specific provisions for applications filed or motions made before the effective date.
Statutes affected: Introduced: Estates Code 1023.002, Estates Code 1023.004, Estates Code 1023.005, Estates Code 1023.006, Estates Code 1105.157, Estates Code 1151.051, Estates Code 1156.052, Estates Code 1203.006, Estates Code 1204.105, Estates Code 1204.151, Estates Code 1204.152, Estates Code 1251.005, Estates Code 1023.008 (Estates Code 1156, Estates Code 1251, Estates Code 1105, Estates Code 1203, Estates Code 1151, Estates Code 1204, Estates Code 1023)