Bill Caption

Relating to the regulation of certain guardianship programs.

Fiscal Notes

From the LBB: No significant fiscal implication to the state is anticipated

Bill Analysis

Under current law, only certain guardians are required to have certification in order to provide guardianship services in this state. This bill would require a registration certificate in order for guardians to be appointed by the state. The bill would also introduce rules for the required registration, assigning the supreme court to adopt rules and procedures for the issuance, renewal, and suspension of registration certificates. 

Vote Recommendation Notes

This bill would be adding regulations to a new group, something we traditionally oppose, bringing them in line with those already regulated. Because these programs oversee individuals who by their circumstances are at the mercy of government systems and are de facto wards of the state, we believe it is within the authority of the state to impose these regulations. A judge, not the individual or family member, is the one deciding who will be the guardian. In these cases it is also difficult and often ineffective to attempt to hold those who abuse this position criminally accountable. For these reasons, we are neutral on SB 36.