HBA-KMH H.B. 2425 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2425
By: Coleman
Judicial Affairs
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the law provides that a court-appointed guardian of an
incapacitated person may not voluntarily admit that person to a public or
private in-patient psychiatric facility or to a residential facility for
care and treatment should the person become ill.  In order to have the
person admitted for treatment, the guardian must apply for court-ordered
mental health services and the court may then issue an order for mental
health services which allows for the person to be involuntarily admitted to
a psychiatric hospital for care and treatment.  For the guardian's ward,
this process can be stressful, time-consuming, expensive, and result in a
delay of treatment. 

H.B. 2425 authorizes a guardian of an incapacitated person to apply to the
court that granted the guardianship for authority to consent to the
voluntary admission of the person to a public or private in-patient
psychiatric facility for care and treatment if the person does not meet the
criteria for courtordered mental health services. This bill requires the
court, following a hearing, to grant an application if the court finds that
the admission would be in the person's best interest and the admission is
medically necessary.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 770, Probate Code, by amending Subsection (b)
and adding Subsection (e), as follows: 

(b) Makes a conforming change.

(e) Authorizes a guardian of an incapacitated person to apply to the court
that granted the guardianship for authority to consent to the voluntary
admission of the person to a public or private in-patient psychiatric
facility for care and treatment if the person does not meet the criteria
for court-ordered mental health services under Chapter 574 (Court-ordered
Mental Health Services), Health and Safety Code.  Requires the court to
appoint an attorney ad litem for the incapacitated person, hold a hearing,
and issue an order approving or denying the application within 72 hours of
the filing of the application.  Requires the court to grant the application
and authorize the guardian to consent to the voluntary admission of the
person to an in-patient psychiatric facility for care and treatment only if
it is in the best interest of the person and the testimony or affidavit of
a duly licensed psychiatrist after an examination of the person showed that
treatment is medically necessary. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.