SB 39

85(R) - 2017
Senate State Affairs
House Judiciary & Civil Jurisprudence
Senate State Affairs
House Judiciary & Civil Jurisprudence

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Judith Zaffirini


Jessica Farrar

Bill Caption

Relating to guardianships for persons who have physical disabilities or who are incapacitated.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would modify some procedural issues related to guardianship for individuals with disabilities. Upon appointment of a temporary or permanent guardian of the state, the attorney in fact’s powers would automatically be revoked. This bill establishes procedure for the transfer of those powers and assets.

This bill would also authorize people in certain legal relationships to the individual with a disability to file a petition for a probate court to enter an order removing a person named and serving as an attorney in fact or agent under a durable power of attorney. If a probate court determines certain causes of removal, it may remove the person. 

This bill would also make updates to the form for Statutory Durable Power of Attorney, and the Supported Decision Making Agreement.

This bill would also allow an adult with a disability to make a determination that the supporter that signed into the supported decision making agreement is the most appropriate person to provide the services that they would be compensated for. A Supported Decision Making Agreement would be terminated upon the appointment of a temporary or permanent guardian of the person or the estate.

Vote Recommendation Notes

SB 39 is a bill addressing procedural issues within the legal process and does not violate nor promote our liberty principles, therefore we are neutral. 

Organizations Supporting

Coalition of Texans with Disabilities
Disability Rights Texas
 National Association of Social Workers/Texas