Legislative Blog
J.B. Williams, J.D.
9 bills that modify the Estates Code
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
HB 266 - Filing and use of affidavits containing some individuals contact information in guardianship matters
HB 785 - Delivery of notices in guardianship proceedings
HB 3009 - Health care providers authorized to examine those incapacitated for purposes of guardianship proceedings
HB 4765 - Inheritance rights of adoptive parents
SB 869 - Suits affecting the parent-child relationship
SB 1457 - Guardianships and delivery of certain notices
SB 1606 - Evidence and orders regarding intellectual disability or mental condition in guardianship proceedings
SB 1624 - Guardianship and service of incapacitated person, and emergency detention
SB 1650 - Durable powers of attorney
9 bills that modify the Estates Code
Published: 2025-04-02
HB 266 - Filing and use of affidavits containing some individuals contact information in guardianship matters
HB 785 - Delivery of notices in guardianship proceedings
HB 3009 - Health care providers authorized to examine those incapacitated for purposes of guardianship proceedings
HB 4765 - Inheritance rights of adoptive parents
SB 869 - Suits affecting the parent-child relationship
SB 1457 - Guardianships and delivery of certain notices
SB 1606 - Evidence and orders regarding intellectual disability or mental condition in guardianship proceedings
SB 1624 - Guardianship and service of incapacitated person, and emergency detention
SB 1650 - Durable powers of attorney
---------------------------------------------- BlogHB 266
Filing and use of affidavits containing some individuals contact information in guardianship matters
An affidavit containing the name, address, phone number, e-mail address, and other contact information needs to be filed with the court for each person who is entitled to notice. It will be considered privileged and confidential, and may not be released or disclosed to the public. A guardian is entitled to receive a copy once they are appointed. The information is to be used by the guardian to provide notice to a relative of the ward.
HB 785
Delivery of notices in guardianship proceedings
A qualified delivery method includes hand delivery by a courier with proof of receipt; certified or registered mail with return of receipt; or private delivery service so designated by the US Secretary of Treasury with proof of delivery receipt. A transfer of guardianship shall be given by a qualified delivery method.
Throughout the code the language that specified registered or certified mail has been stricken and qualified delivery service has been inserted.
HB 3009
Health care providers authorized to examine those incapacitated for purposes of guardianship proceedings
They have added advanced practice registered nurse as defined in the Occupations Code. Physician licensed by the Texas Medical Board to practice in Texas. The advanced practice nurse must be acting under a physician's delegation authority and supervision.
Then where it previously stated physician, advanced practice registered nurse was added.
HB 4765
Inheritance rights of adoptive parents
Adds language clarifying adopted and adoptive parent to the Estates Code.
SB 869
Suits affecting the parent-child relationship
An assignment of property or interest in property made in an estate proceeding will not take effect, if the property or interest in property could satisfy a support obligation that has either been administratively determined as evidence by a certified child support payment record or confirmed and reduced to judgment. It also permits the child support obligee to enforced the child support obligation by lien or other remedy provided by law.
SB 1457
Guardianships and delivery of certain notices
Similar to HB 785 but modifies a different portion of the Estates Code.
SB 1606
Evidence and orders regarding intellectual disability or mental condition in guardianship proceedings
If guardianship is based upon the ward's incapacity then within the past 24 months they must have been examined. An intellectual disability may be provided by written letter or certificate of a physician licensed in Texas or a psychologist licensed in Texas. The letter must state that in the physician or psychologist's opinion the ward either has or does not have sufficient capacity to do listed activities. They must also state how the ward is able to make or communicate reasonable decisions and include any information required by the court.
SB 1624
Guardianship and service of incapacitated person, and emergency detention
This ensures that an attorney or attorney ad litem for a ward has access to all records. It also ensures that the attorney ad litem is representing the ward's interests, including their express wishes. (Not sure why this needed to be said as it has always been the obligation of attorney ad litems to do this.)
A guardian ad litem may not be an interested person or an attorney ad litem. This ensures that the 'best interest' of the ward is represented by the guardian and the ward's wishes are represented by the attorney ad litem. These 2 things may not be the same.
It adds 2 hours of training for court investigators every 2 years.
The incapacity of adults has added a psychologist to the physician section. And it requires that re-evaluations be done via reporting at least every 3 years. These are completed by a court investigator.
SB 1650
Durable powers of attorney
If a court appoints a guardian for a ward, then any prior durable powers of attorney signed by the ward are automatically revoked. The court may merely suspend the powers during the time of the guardianship.
Once a guardian is appointed, an agent with the power of attorney must deliver to the guardian all assets of the ward's that are in the agent's possession, and account to the guardian as the agent would account to the principal.
Webpage created by and for J.B. Williams, J.D. - all rights reserved