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Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.
No significant fiscal implication to the State is anticipated.
SB 1129 would change the standard for approval in a hearing to transfer a guardianship to a different county. Rather than the requirement that good cause not be shown to deny the transfer, a court would be able to approve a transfer either if good cause is not shown to deny it or if the ward has resided in the county to which it would be transferred for at least six months. In determining whether the transfer would be in the best interest of the ward, a court would be permitted to consider justice, convenience, and the preference of the ward if they are 12 years of age or older.
When a guardianship is transferred to a different county, SB 1129 would clarify that the new court is the court of continuing, exclusive jurisdiction and that any judgment or order issued in the previous county must be enforced by the new court. If enacted, judges in either the outgoing or incoming court could not be held civilly liable for any loss to the ward or their estate as a result of a guardianship transfer. SB 1129 would also create new rules for mediation for the appointment of a guardian and a new training program for guardianship mediators.
Texas Action is neutral on SB 1129 as it does not affect any of our Liberty Principles.