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.