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Relating to guardianships, management trusts, and certain other procedures and proceedings for persons who are incapacitated.
No significant fiscal implication to the State is anticipated.
SB 667 would require notice to the potential beneficiary of a management trust, the beneficiary's guardian, and family member when an application for the creation of a management trust is filed. It would also allow management trusts to last until the removal of an incapacity or until the beneficiary dies.
SB 667 would also allow county courts-at-law to hear trust cases when the person under guardianship is also a trust's beneficiary. Currently, some of these cases must go to district court.
SB 667 would also amend statutes relating to the sale of property by an out-of-state guardian to allow the guardian to use the sale proceeds for the benefit of the person under guardianship; clarify that under the Guardianship Bill of Rights, a court investigator or guardian ad litem is authorized to be appointed to investigate a complaint relating to modification or termination of a guardianship; provide that the proper newspaper to be used for notice of a guardianship proceeding is a newspaper of general circulation in the county, rather than a newspaper printed in the county; and require payment out of the guardianship estate to be under a "best interest" standard, consistent with the standard for payment out of a person with a disability's management trust.
Texas Action supports SB 667 because it promotes property rights by ensuring the rights of interested parties in a management trust are protected.