2011 Legislation

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The 82nd Texas Legislature ended its regular session May 30, 2011. All probate, guardianship and trust bills passed during the session have been signed by the Governor, and most become effective September 1, 2011. One bill in the first called session (SB 1) contains guardianship changes and, as of July 8, 2011, was awaiting the Governor's signature. Each bill affecting probate, guardianship and trust law is listed below. Click here to search for a particular bill, or use the list of topics and key words to the right to find legislation.

Useful links:

Texas Legislature Online.
Glenn Karisch's 2011 Legislative Update.
Bill Pargaman's 2011 Legislative Update -- All of the bills, the full text of all of the changes to the probate and trust codes and helpful forms.
Top Ten Things to Do Now -- Glenn Karisch's list of ten things estate planning and probate attorneys should do to address the legislative changes taking effect September 1, 2011. Here are the pdf and blog versions.

All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."
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Entries in costs (3)

Thursday

Nov182010

Enacted-Effective 9/1/11: SB 220 -- Guardianships and DADS

Caption: Relating to guardianships, including the assessment of prospective wards for, and the provision of, guardianship services by the Department of Aging and Disability Services.
Author: Nelson
Bill History
Bill Text

Relevance: Revises sections of the Probate Code regarding guardianship costs, notice, citation, removal and reinstatement of a guardian and permanent successor guardians.

See "Ad litem fees and attorneys' fees in guardianships: who pays?" on texasprobate.com.

2 References |

x-Did Not Pass: HB 1325 -- Ad litem fees in guardianships

Caption: Relating to payment of the costs for services of a guardian ad litem and attorney ad litem in a guardianship proceeding.
Author: Hartnett
Bill History
Bill Text

Relevance: This bill would permit the court to order the applicant to pay ad litem fees, but only if the proposed ward's assets are insufficient.

See "Ad litem fees and attorneys' fees in guardianships: who pays?" on texasprobate.com.

6 References |

x-Did Not Pass: SB 286 -- Costs in guardianships

Caption: Relating to attorney's fees and other amounts taxed as costs in guardianship proceedings.
Author: Harris
Bill History
Bill Text

Relevance: This bill would amend Probate Code Sections 665A and 665B to permit the court to allocate costs in a guardianship proceeding among the parties as the court finds is fair and just. Costs include compensation of attorneys ad litem, guardians ad litem, mental health professionals and interpreters.

See "Ad litem fees and attorneys' fees in guardianships: who pays?" on texasprobate.com.

1 Reference |