HBA-JLV H.B. 952 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 952 By: Naishtat Judicial Affairs 3/26/2001 Introduced BACKGROUND AND PURPOSE Currently, Texas law does not provide an effective system to recognize the transfer of a guardianship when a ward or the ward's assets move to another jurisdiction. Guardianships established in one jurisdiction are generally not transferrable to another jurisdiction and this causes the persons seeking guardianship to commence new guardianship proceedings. There are concerns that this is a burdensome, time consuming, and expensive process. House Bill 952 provides requirements for the transfer of a guardianship to a foreign jurisdiction, the receipt and acceptance of transferred guardianships, and the review of transferred guardianships. 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 952 amends the Texas Probate Code to provide requirements for the transfer of guardianship to a foreign jurisdiction and the receipt and acceptance of foreign guardianship. The bill authorizes a guardian of the person or estate of a ward to apply with the court that has jurisdiction over the guardianship to transfer the guardianship to a court in a foreign jurisdiction if the ward has moved permanently or intends to move to the foreign jurisdiction. The bill requires that the application to transfer a guardianship and the notice for the application for receipt and acceptance of a foreign guardianship be served personally to the ward and to the foreign court. The bill requires the court to hold a hearing to consider the application to transfer and requires the court to transfer the guardianship to a foreign court if the court determines the transfer is in the best interests of the ward. The bill requires the court with jurisdiction over the application filed on the earliest date to hear the proceeding, and requires the court without venue to hear the application to transfer the proceeding to the proper court. The bill requires the court to determine that the proposed guardianship is not a collateral attack on an existing or proposed guardianship, that the application has been filed in the court most suited to consider the matter, and to hold a hearing to consider the application for receipt and acceptance of a foreign guardianship by the motion of the court, ward or other interested person. The court is required in accepting the application, to give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the ward's incapacity and the rights, powers, and duties of the guardian. The denial of an application for receipt and acceptance of a transfer of guardianship to a foreign court does not affect the right of a guardian appointed by a foreign court to file an application to be appointed guardian of the incapacitated person. The bill requires the court to hold a hearing to consider modifying the administrative procedures or requirements of the transferred guardianship not later than the 90th day after the date a court grants an application for receipt and acceptance of a foreign guardianship. EFFECTIVE DATE September 1, 2001.