HBA-CBW H.B. 2322 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2322
By: Coleman
Judicial Affairs
4/4/2001
Introduced



BACKGROUND AND PURPOSE 

Current law limits the ability of a court-appointed guardian of an
incapacitated person to voluntarily admit that person to a public or
private inpatient psychiatric facility or to a residential facility for
care and treatment to an emergency admission, respite care, or if the
person in the guardian's care is younger than 16 years of age. House Bill
2322 provides that a guardian of the person of a ward has the authority to
consent to the voluntary admission of the ward to a public or private
inpatient psychiatric facility if the guardian holds specified letters of
guardianship. 

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. 

ANALYSIS

House Bill 2322 amends the Texas Probate Code to provide that a guardian of
the person of a ward has the authority to consent to the voluntary
admission of the ward to a public or private inpatient psychiatric facility
if the guardian holds letters of guardianship under an order specifically
granting the guardian that authority.   Not longer than 24 hours after the
time of the admission of a ward, the bill requires the guardian to return
to the court that granted the guardianship  a report of the admission and a
specified statement and provides that the report must include the reason
for the admission.  If the day of the ward's admission to a facility is a
Saturday, Sunday, or legal holiday,  the bill provides that the period is
extended to include the next day that is not a Saturday, Sunday, or a legal
holiday. 

The bill authorizes the court to appoint a guardian ad litem, attorney ad
litem, or both a guardian ad litem and attorney ad litem for the ward and
to provide them with a copy of the guardian's report and psychiatrist's
statement for review and comment. The bill prohibits a guardian of the
person of a ward from consenting to the voluntary admission of the ward to
a public or private inpatient psychiatric facility for an admission period
that exceeds a specified period without the prior approval of the court
that granted the guardianship. 

The bill provides that an application for the appointment of a guardian
must state whether the applicant is seeking authority for the proposed
guardian of the person to consent to the voluntary admission of the ward to
a public or private inpatient psychiatric facility. The bill provides that
the order of the court appointing a guardian must specify,  if it is a
guardianship of the person, whether the guardian has the authority to
consent to the voluntary admission of the ward to a public or private
inpatient psychiatric facility subject to existing law regarding the care
of a ward. 

EFFECTIVE DATE

September, 1, 2001.