Bill Text: TX HB2600 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the determination of probable cause for a court to ascertain whether a person is an incapacitated person for purposes of the appointment of a guardian ad litem or court investigator.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-15 - Left pending in subcommittee [HB2600 Detail]
Download: Texas-2013-HB2600-Introduced.html
By: Klick | H.B. No. 2600 |
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relating to the determination of probable cause for a court to | ||
ascertain whether a person is an incapacitated person for purposes | ||
of the appointment of a guardian ad litem or court investigator. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1102.002, Estate Code is amended to read | ||
as follows: | ||
To establish probable cause under Section 1102.001, the court | ||
shall [ |
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(1) an affidavit from an interested person that | ||
alleges facts demonstrating that an individual is an incapacitated | ||
person under Section 1002.017(2), Estate Code; and |
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(2) written letter or certificate from a physician who has | ||
examined the person believed to be incapacitated that satisfies the | ||
requirements of Section 1101.103, except that the letter must be | ||
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; and | ||
(A) dated not earlier than the 120th day before the | ||
date of the appointment of a guardian ad litem or court investigator | ||
under Section 1102.001; and | ||
(B) based on an examination the physician performed | ||
not earlier than the 120th day before that date. | ||
(3) a hearing, consistent with standards of due process, | ||
that is held subsequent to the date of the physician's letter | ||
referenced in subdivision (2), but not later than thirty (30) days | ||
prior to the date of the appointment of a guardian ad litem, and | ||
during which any interested person may submit oral or written | ||
evidence regarding the condition of the person who is alleged to be | ||
incapacitated. | ||
SECTION 2. Section 1102.003, Estate Code is repealed. | ||
SECTION 3. This Act takes effect January 1, 2014. |