Bill: HB 2665, 84(R) - 2015

Bill Caption

Relating to access to and receipt of certain information regarding a ward by certain relatives of the ward.

Fiscal Notes

No fiscal implication.

Bill Analysis

HB 2665 would amend the Estates Code to authorize the child of a ward to file an application with a court requesting access to the ward, including visitation or communication with the ward. The court would be required to schedule a hearing within 60 days of receipt of the application, unless required to schedule an emergency hearing because the ward's death is imminent. The bill would require the guardian of a ward to be personally served with a copy of the application and cited to appear at least 21 days before the date of the hearing in the case of a standard hearing and as soon as possible in the case of an emergency hearing. The court would be required to issue an order after the hearing that may prohibit the guardian of a ward from preventing the applicant access to the ward if shown through evidence that the ward desires contact and to specify terms of access.  The court would be authorized to consider prior protective orders issued against the applicant when issuing or modifying an order.

HB 2665 would require the guardian of an adult ward to inform the ward's spouse, the ward's parents, the ward's siblings, and the ward's children if  1) the ward dies,  2) if the ward is admitted to a medical facility for acute care for a period of three days or more, 3) if the ward's residence has changed, or 4) if the ward is staying at a location other than the ward's residence for a period that exceeds one calendar week. A ward's relative would be required to be notified of funeral arrangements unless the relative has elected not to receive them or the relative has not been located.

Vote Recommendation Notes

05/25/2015 update:

Minor changes were made that do not change our vote recommendation. The second chamber sponsor is Senator Zaffirini.

First chamber recommendation:

This bill affirms the principle of individual liberty by protecting rights of individuals who may lack the capacity to assert them. It would help protect the rights of an individual who becomes incapacitated and may be in the care of his or her spouse.

This bill would allow the child of a ward of the court to have access to a parent when access has been denied by a guardian or when a protective order has been issued. 

For these reasons, we support HB 2665.

Source URL (retrieved on 04/25/2024 04:04 AM): http://reports.texasaction.com/bill/84r/hb2665?print_view=true