By: Zaffirini S.B. No. 626     (Moody)           A BILL TO BE ENTITLED   AN ACT   relating to guardianships, management trusts, and certain other   procedures and proceedings for persons who are incapacitated.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1021.001, Estates Code, is amended to   read as follows:          Sec. 1021.001.  MATTERS RELATED TO GUARDIANSHIP PROCEEDING.   (a) For purposes of this code, in a county in which there is no   statutory probate court or county court at law exercising original   probate jurisdiction, a matter related to a guardianship proceeding   includes:                (1)  the granting of letters of guardianship;                (2)  the settling of an account of a guardian and all   other matters relating to the settlement, partition, or   distribution of a ward's estate;                (3)  a claim brought by or against a guardianship   estate;                (4)  an action for trial of title to real property that   is guardianship estate property, including the enforcement of a   lien against the property;                (5)  an action for trial of the right of property that   is guardianship estate property;                (6)  after a guardianship of the estate of a ward is   required to be settled as provided by Section 1204.001:                      (A)  an action brought by or on behalf of the   former ward against a former guardian of the ward for alleged   misconduct arising from the performance of the person's duties as   guardian;                      (B)  an action calling on the surety of a guardian   or former guardian to perform in place of the guardian or former   guardian, which may include the award of a judgment against the   guardian or former guardian in favor of the surety;                      (C)  an action against a former guardian of the   former ward that is brought by a surety that is called on to perform   in place of the former guardian;                      (D)  a claim for the payment of compensation,   expenses, and court costs, and any other matter authorized under   Chapter 1155; and                      (E)  a matter related to an authorization made or   duty performed by a guardian under Chapter 1204; and                (7)  the appointment of a trustee for a trust created   under Section 1301.053 or 1301.054, the settling of an account of   the trustee, and all other matters relating to the trust.          (a-1)  For purposes of this code, in a county in which there   is no statutory probate court, but in which there is a county court   at law exercising original probate jurisdiction, a matter related   to a guardianship proceeding includes:                (1)  all matters and actions described in Subsection   (a);                (2)  the interpretation and administration of a   testamentary trust in which a ward is an income or remainder   beneficiary; and                (3)  the interpretation and administration of an inter   vivos trust in which a ward is an income or remainder beneficiary.          (b)  For purposes of this code, in a county in which there is   a statutory probate court, a matter related to a guardianship   proceeding includes:                (1)  all matters and actions described in Subsections   [Subsection] (a) and (a-1);                (2)  a suit, action, or application filed against or on   behalf of a guardianship or a trustee of a trust created under   Section 1301.053 or 1301.054; and                (3)  a cause of action in which a guardian in a   guardianship pending in the statutory probate court is a party.          SECTION 2.  Section 1052.052(b), Estates Code, is amended to   read as follows:          (b)  Each case file must contain each order, judgment, and   proceeding of the court and any other guardianship filing with the   court, including each:                (1)  application for the granting of guardianship;                (2)  citation and notice, whether published or posted,   including the return on the citation or notice;                (3)  bond and official oath or declaration;                (4)  inventory, appraisement, and list of claims;                (5)  exhibit and account;                (6)  report of renting;                (7)  application for sale or partition of real estate;                (8)  report of sale;                (9)  application for authority to execute a lease for   mineral development, or for pooling or unitization of lands,   royalty, or other interest in minerals, or to lend or invest money;                (10)  report of lending or investing money; and                (11)  report of guardians of the persons.          SECTION 3.  Section 1103.003, Estates Code, is amended to   read as follows:          Sec. 1103.003.  EFFECTIVE DATE OF GUARDIANSHIP.  If the   application filed under Section 1103.001 is heard before the   proposed ward's 18th birthday, a guardianship created under this   chapter may not take effect and the person appointed guardian may   not take the oath or make the declaration as required under Section   1105.051 or give a bond as required under Section 1105.101 until the   proposed ward's 18th birthday.          SECTION 4.  Section 1105.001, Estates Code, is amended by   adding Subdivision (1-a) and amending Subdivision (2) to read as   follows:                (1-a)  "Declaration" means a declaration taken by a   person appointed to serve as a guardian to qualify to serve.                (2)  "Oath" means an oath [required by this chapter to   be] taken by a person appointed to serve as a guardian to qualify to   serve.          SECTION 5.  Section 1105.002, Estates Code, is amended to   read as follows:          Sec. 1105.002.  MANNER OF QUALIFICATION OF GUARDIAN.   (a)  Except as provided by Subsection (b), a guardian is considered   to have qualified when the guardian has:                (1)  taken and filed the oath, or made and filed the   declaration, required under Section 1105.051;                (2)  given the required bond;                (3)  filed the bond with the clerk; and                (4)  obtained the judge's approval of the bond.          (b)  A guardian who is not required to give a bond is   considered to have qualified when the guardian has taken and filed   the [required] oath, or made and filed the declaration, as required   under Section 1105.051.          SECTION 6.  Section 1105.003, Estates Code, is amended to   read as follows:          Sec. 1105.003.  PERIOD FOR TAKING OATH OR MAKING DECLARATION   AND GIVING BOND. (a)  Except as provided by Section 1103.003, an   oath may be taken and subscribed or a declaration may be made, and a   bond may be given and approved, at any time before:                (1)  the 21st day after the date of the order granting   letters of guardianship; or                (2)  the letters of guardianship are revoked for a   failure to qualify within the period allowed.          (b)  A guardian of an estate must give a bond before being   issued letters of guardianship unless a bond is not required under   this title.          SECTION 7.  The heading to Subchapter B, Chapter 1105,   Estates Code, is amended to read as follows:   SUBCHAPTER B.  OATHS AND DECLARATIONS          SECTION 8.  Section 1105.051, Estates Code, is amended to   read as follows:          Sec. 1105.051.  OATH OR DECLARATION OF GUARDIAN. (a)  A   guardian shall:                (1)  take an oath to discharge faithfully the duties of   guardian for the person or estate, or both, of a ward; or                (2)  make a declaration as prescribed by Subsection   (d).          (b)  If the Health and Human [Department of Aging and   Disability] Services Commission is appointed guardian, a   commission [department] representative shall take the oath or make   the declaration required by Subsection (a).          (c)  An oath taken by a person named as guardian or temporary   guardian, as applicable, must be substantially as follows:          I, __________ (insert person's name), do solemnly swear that   I will discharge faithfully the duties of guardian of __________   (insert "the person," "the estate," or "the person and estate") of   __________ (insert ward's name), an incapacitated person,   according to law.          (d)  A declaration made by a person named as guardian or   temporary guardian, as applicable, must be substantially as   follows:          My name is _______ (insert person's name), my date of birth is   __________ (insert person's date of birth), and my address is   __________ (insert person's address, including country).  I declare   under penalty of perjury that the information in this declaration   is true and correct.  I solemnly declare that I will discharge   faithfully the duties of __________ (insert "guardian" or   "temporary guardian," as applicable) of __________ (insert "the   person," "the estate," or "the person and estate") of __________   (insert ward's name), an incapacitated person, according to law.     Signed on __________ (insert date of signing).          SECTION 9.  Section 1105.052, Estates Code, is amended to   read as follows:          Sec. 1105.052.  ADMINISTRATION OF OATH OR MAKING OF   DECLARATION.  The [An] oath prescribed by Section 1105.051 may be   taken before any person authorized to administer oaths under the   laws of this state.  The declaration prescribed by Section 1105.051   must be signed by the declarant.          SECTION 10.  Section 1105.103(f), Estates Code, is amended   to read as follows:          (f)  If the guardian fails to give the bond required under   Subsection (d) and the judge has not extended the period for giving   the bond, the judge, without citation, shall remove the guardian   and appoint a competent person as guardian, who shall:                (1)  administer the guardianship according to the   provisions of a will or law;                (2)  take the oath or make the declaration required of a   guardian under Section 1105.051 before the person enters on the   administration of the guardianship; and                (3)  give bond in the same manner and in the same amount   provided by this title for the issuance of original letters of   guardianship.          SECTION 11.  Section 1151.351(b), Estates Code, is amended   to read as follows:          (b)  Unless limited by a court or otherwise restricted by   law, a ward is authorized to the following:                (1)  to have a copy of the guardianship order and   letters of guardianship and contact information for the probate   court that issued the order and letters;                (2)  to have a guardianship that encourages the   development or maintenance of maximum self-reliance and   independence in the ward with the eventual goal, if possible, of   self-sufficiency;                (3)  to be treated with respect, consideration, and   recognition of the ward's dignity and individuality;                (4)  to reside and receive support services in the most   integrated setting, including home-based or other community-based   settings, as required by Title II of the Americans with   Disabilities Act (42 U.S.C. Section 12131 et seq.);                (5)  to consideration of the ward's current and   previously stated personal preferences, desires, medical and   psychiatric treatment preferences, religious beliefs, living   arrangements, and other preferences and opinions;                (6)  to financial self-determination for all public   benefits after essential living expenses and health needs are met   and to have access to a monthly personal allowance;                (7)  to receive timely and appropriate health care and   medical treatment that does not violate the ward's rights granted   by the constitution and laws of this state and the United States;                (8)  to exercise full control of all aspects of life not   specifically granted by the court to the guardian;                (9)  to control the ward's personal environment based   on the ward's preferences;                (10)  to complain or raise concerns regarding the   guardian or guardianship to the court, including living   arrangements, retaliation by the guardian, conflicts of interest   between the guardian and service providers, or a violation of any   rights under this section;                (11)  to receive notice in the ward's native language,   or preferred mode of communication, and in a manner accessible to   the ward, of a court proceeding to continue, modify, or terminate   the guardianship and the opportunity to appear before the court to   express the ward's preferences and concerns regarding whether the   guardianship should be continued, modified, or terminated;                (12)  to have a court investigator or[,] guardian ad   litem[, or attorney ad litem] appointed by the court to investigate   a complaint received by the court from the ward or any person about   the guardianship;                (13)  to participate in social, religious, and   recreational activities, training, employment, education,   habilitation, and rehabilitation of the ward's choice in the most   integrated setting;                (14)  to self-determination in the substantial   maintenance, disposition, and management of real and personal   property after essential living expenses and health needs are met,   including the right to receive notice and object about the   substantial maintenance, disposition, or management of clothing,   furniture, vehicles, and other personal effects;                (15)  to personal privacy and confidentiality in   personal matters, subject to state and federal law;                (16)  to unimpeded, private, and uncensored   communication and visitation with persons of the ward's choice,   except that if the guardian determines that certain communication   or visitation causes substantial harm to the ward:                      (A)  the guardian may limit, supervise, or   restrict communication or visitation, but only to the extent   necessary to protect the ward from substantial harm; and                      (B)  the ward may request a hearing to remove any   restrictions on communication or visitation imposed by the guardian   under Paragraph (A);                (17)  to petition the court and retain counsel of the   ward's choice who holds a certificate required by Subchapter E,   Chapter 1054, to represent the ward's interest for capacity   restoration, modification of the guardianship, the appointment of a   different guardian, or for other appropriate relief under this   subchapter, including a transition to a supported decision-making   agreement, except as limited by Section 1054.006;                (18)  to vote in a public election, marry, and retain a   license to operate a motor vehicle, unless restricted by the court;                (19)  to personal visits from the guardian or the   guardian's designee at least once every three months, but more   often, if necessary, unless the court orders otherwise;                (20)  to be informed of the name, address, phone   number, and purpose of Disability Rights Texas, an organization   whose mission is to protect the rights of, and advocate for, persons   with disabilities, and to communicate and meet with representatives   of that organization;                (21)  to be informed of the name, address, phone   number, and purpose of an independent living center, an area agency   on aging, an aging and disability resource center, and the local   mental health and intellectual and developmental disability   center, and to communicate and meet with representatives from these   agencies and organizations;                (22)  to be informed of the name, address, phone   number, and purpose of the Judicial Branch Certification Commission   and the procedure for filing a complaint against a certified   guardian;                (23)  to contact the Department of Family and   Protective Services to report abuse, neglect, exploitation, or   violation of personal rights without fear of punishment,   interference, coercion, or retaliation;                (24)  to have the guardian, on appointment and on   annual renewal of the guardianship, explain the rights delineated   in this subsection in the ward's native language, or preferred mode   of communication, and in a manner accessible to the ward; and                (25)  to make decisions related to sexual assault   crisis services, including consenting to a forensic medical   examination and treatment, authorizing the collection of forensic   evidence, consenting to the release of evidence contained in an   evidence collection kit and disclosure of related confidential   information, and receiving counseling and other support services.          SECTION 12.  Sections 1153.001(a) and (c), Estates Code, are   amended to read as follows:          (a)  Within one month after receiving letters of   guardianship, a guardian of an estate shall provide notice   requiring each person who has a claim against the estate to present   the claim within the period prescribed by law. The notice must be:                (1)  published in a newspaper of general circulation   [printed] in the county in which the letters were issued; and                (2)  sent to the comptroller by certified or registered   mail, if the ward remitted or should have remitted taxes   administered by the comptroller.          (c)  If there is no [a] newspaper of general circulation [is   not printed] in the county in which the letters of guardianship were   issued, the notice must be posted and the return made and filed as   otherwise required by this title.          SECTION 13.  Section 1155.054(d), Estates Code, is amended   to read as follows:          (d)  If the court finds that a party in a guardianship   proceeding acted in bad faith or without just cause in prosecuting   or objecting to an application in the proceeding, the court may   order [require] the party to reimburse the ward's estate for all or   part of the attorney's fees awarded under this section and shall   issue judgment against the party and in favor of the estate for the   amount of attorney's fees ordered [required] to be reimbursed to   the estate.          SECTION 14.  Section 1158.105(a), Estates Code, is amended   to read as follows:          (a)  A successful bid or contract for the sale of estate   personal property shall be reported to the court.  The laws   regulating the approval [confirmation] or disapproval of a sale of   real estate apply to the sale [of personal property], except that a   conveyance is not required.          SECTION 15.  The heading to Subchapter I, Chapter 1158,   Estates Code, is amended to read as follows:   SUBCHAPTER I.  SALE OF REAL ESTATE:  PUBLIC AUCTION [SALE]          SECTION 16.  Section 1158.401(a), Estates Code, is amended   to read as follows:          (a)  A public sale of real estate of an estate shall be made   at public auction. Except as otherwise provided by Section   1158.403(c) [this title], the guardian of the estate shall   advertise a public auction [sale] of real estate of the estate by a   notice published in the county in which the estate is pending, as   provided by this title for publication of notices or citations.  The   notice must [include a reference to]:                (1)  include a reference to the order of sale;                (2)  include the time, place, and required terms of   sale; and                (3)  briefly describe [a brief description of] the real   estate to be sold.          SECTION 17.  Section 1158.402, Estates Code, is amended to   read as follows:          Sec. 1158.402.  COMPLETION [METHOD] OF AUCTION [SALE].  A   public auction [sale] of real estate of an estate shall be completed   on the bid of [made at public auction to] the highest bidder.          SECTION 18.  Section 1158.403, Estates Code, is amended to   read as follows:          Sec. 1158.403.  TIME AND PLACE OF AUCTION [SALE].  (a)     Except as provided by Subsection (c), a public auction [sale] of   real estate of an estate shall be held [made] at:                (1)  the courthouse door in the county in which the real   estate is located, or if the real estate is located in more than one   county, the courthouse door in any county in which the real estate   is located [guardianship proceedings are pending]; or                (2)  another place in a [that] county described by   Subdivision (1) at which auctions [sales] of real estate are   specifically authorized to be held as designated by the   commissioners court of the county under Section 51.002(a), Property   Code [made].          (b)  Except as otherwise provided by this subsection, the   auction [The sale] must occur between 10 a.m. and 4 p.m. on the   first Tuesday of the month after publication of notice has been   completed.  If the first Tuesday of the month occurs on January 1 or   July 4, the auction must occur between 10 a.m. and 4 p.m. on the   first Wednesday of the month.          (c)  If the court considers it advisable, the court may order   the auction [sale] to be held [made] in the county in which the   proceedings are pending [real estate is located], in which event   notice shall be published both in that county and in the county in   which the real estate is located [proceedings are pending].          SECTION 19.  Section 1158.404, Estates Code, is amended to   read as follows:          Sec. 1158.404.  CONTINUANCE OF AUCTION [SALE].  (a)  A public   auction [sale] of real estate of an estate that is not completed on   the day advertised may be continued from day to day by an oral   public announcement of the continuance made at the conclusion of   the auction [sale] each day.          (b)  A continued auction [sale] must occur within the hours   prescribed by Section 1158.403(b).          (c)  The continuance of an auction [a sale] under this   section shall be shown in the report [of the sale] made to the court   under Section 1158.551.          SECTION 20.  Section 1158.405, Estates Code, is amended to   read as follows:          Sec. 1158.405.  FAILURE OF BIDDER TO COMPLY. (a)  If a   person who successfully bids on real estate of the guardianship   estate offered [for sale] at public auction fails to comply with the   terms of the bid [sale], the property [real estate] shall be   readvertised and auctioned [sold] without any further order.          (b)  The person defaulting on a bid as described by   Subsection (a) is liable for payment to the guardian of the estate,   for the estate's benefit, of:                (1)  10 percent of the amount of the bid; and                (2)  the amount of any deficiency in price on the second   auction [sale].          (c)  The guardian shall recover the amounts under Subsection   (b) by suit in any court in the county in which the auction [sale]   was held [made] that has jurisdiction over the amount claimed.          SECTION 21.  The heading to Subchapter J, Chapter 1158,   Estates Code, is amended to read as follows:   SUBCHAPTER J.  SALE OF REAL ESTATE:  CONTRACT FOR PRIVATE SALE          SECTION 22.  Section 1158.451, Estates Code, is amended to   read as follows:          Sec. 1158.451.  TERMS [MANNER] OF SALE.  The guardian of the   estate may enter into a contract for the [A] private sale of real   estate of the estate [shall be] made in the manner the court directs   in the order of sale.  Unless the court directs otherwise,   additional advertising, notice, or citation concerning the sale is   not required.          SECTION 23.  Section 1158.502, Estates Code, is amended to   read as follows:          Sec. 1158.502.  PROCEDURE.  The procedure for the sale of an   easement or right-of-way authorized under Section 1158.501 is the   same as the procedure provided by law for a private sale of real   property of a ward by contract [at private sale].          SECTION 24.  The heading to Subchapter L, Chapter 1158,   Estates Code, is amended to read as follows:   SUBCHAPTER L.  APPROVAL [CONFIRMATION] OF SALE OF REAL PROPERTY AND   TRANSFER OF TITLE          SECTION 25.  Section 1158.551, Estates Code, is amended to   read as follows:          Sec. 1158.551.  REPORT.  A successful bid or private   contract for the sale of estate real property shall be reported to   the court ordering the sale not later than the 30th day after the   date the bid [sale] is made or the property is placed under   contract.  The report must:                (1)  be in writing, sworn to, and filed with the clerk;                (2)  include:                      (A)  the date of the order of sale;                      (B)  a description of the property being sold;                      (C)  the time and place of the auction or date the   property is placed under contract [sale];                      (D)  the purchaser's name;                      (E)  the amount of the successful bid or the   purchase price for [which] each parcel of property or interest in   the parcel of property auctioned or placed under contract [was   sold];                      (F)  the terms of the sale;                      (G)  whether the proposed sale of the property was   made at public auction or by contract [privately]; and                      (H)  whether the purchaser is ready to comply with   the order of sale; and                (3)  be noted on the guardianship docket.          SECTION 26.  Section 1158.552, Estates Code, is amended to   read as follows:          Sec. 1158.552.  ACTION OF COURT ON REPORT [OF SALE].  After   the expiration of five days from the date a report [of sale] is   filed under Section 1158.551, the court shall:                (1)  consider [inquire into] the manner in which the   auction described in the report was held or the contract described   in the report [sale] was entered into [made];                (2)  consider [hear] evidence in support of or against   the report; and                (3)  determine the sufficiency or insufficiency of the   guardian's general bond, if any has been required and given.          SECTION 27.  Section 1158.553, Estates Code, is amended to   read as follows:          Sec. 1158.553.  APPROVAL [CONFIRMATION] OF SALE WHEN BOND   NOT REQUIRED.  If the guardian of the estate of a ward is not   required by Subtitle D to give a general bond, the court may approve   [confirm] the sale of estate real property in the manner provided by   Section 1158.556(a) if the court finds that the sale is   satisfactory and made in accordance with law.          SECTION 28.  Sections 1158.554(a), (b), and (c), Estates   Code, are amended to read as follows:          (a)  If the guardian of an estate is required by Subtitle D to   give a general bond, before the court approves [confirms] any sale   of real estate, the court shall determine whether the bond is   sufficient to protect the estate after the sale proceeds are   received.          (b)  If the court finds that the general bond is sufficient,   the court may approve [confirm] the sale as provided by Section   1158.556(a).          (c)  If the court finds that the general bond is   insufficient, the court may not approve [confirm] the sale until   the general bond is increased to the amount required by the court,   or an additional bond is given, and approved by the court.          SECTION 29.  Section 1158.556, Estates Code, is amended to   read as follows:          Sec. 1158.556.  APPROVAL [CONFIRMATION] OR DISAPPROVAL   ORDER.  (a)  If the court is satisfied that the proposed sale of real   property [a sale] reported under Section 1158.551 is [was] for a   fair price, [was] properly made, and [was] in conformity with law,   and the court has approved any increased or additional bond that the   court found necessary to protect the estate, the court shall enter   an order:                (1)  approving [confirming] the sale;                (2)  showing conformity with [the provisions of] this   chapter [relating to the sale];                (3)  detailing the terms of the sale; and                (4)  authorizing the guardian of the estate to convey   the property on the purchaser's compliance with the terms of the   sale.          (b)  If the court is not satisfied that the proposed sale of   real property is [was] for a fair price, [was] properly made, and   [was] in conformity with law, the court shall enter [issue] an order   setting aside the bid or contract [sale] and ordering a new sale to   be made, if necessary.          (c)  The court's action in approving [confirming] or   disapproving a report under Section 1158.551 [of a sale] has the   effect of a final judgment.  Any person interested in the   guardianship estate or in the sale is entitled to have an order   entered under this section reviewed as in other final judgments in   probate proceedings.          SECTION 30.  Section 1158.557, Estates Code, is amended to   read as follows:          Sec. 1158.557.  DEED.  Real estate of an estate that is sold   shall be conveyed by a proper deed that refers to and identifies the   court order approving [confirming] the sale.  The deed:                (1)  vests in the purchaser all right and title of the   estate to, and all interest of the estate in, the property; and                (2)  is prima facie evidence that the sale has met all   applicable requirements of the law.          SECTION 31.  Section 1158.558(a), Estates Code, is amended   to read as follows:          (a)  After the court has approved [confirmed] a sale and the   [one] purchaser has complied with the terms of the sale, the   guardian of the estate shall promptly execute and deliver to the   purchaser a proper deed conveying the property.          SECTION 32.  Section 1163.005(a), Estates Code, is amended   to read as follows:          (a)  The guardian of the estate shall attach to an account   the guardian's affidavit stating:                (1)  that the account contains a correct and complete   statement of the matters to which the account relates;                (2)  that the guardian has paid the bond premium for the   next accounting period;                (3)  that the guardian has filed all tax returns of the   ward due during the accounting period;                (4)  that the guardian has paid all taxes the ward owed   during the accounting period, the amount of the taxes, the date the   guardian paid the taxes, and the name of the governmental entity to   which the guardian paid the taxes; and                (5)  if the guardian is a private professional   guardian, a guardianship program, or the Health and Human Services   Commission [Department of Aging and Disability Services], whether   the guardian or an individual certified under Subchapter C, Chapter   155 [111], Government Code, who is providing guardianship services   to the ward and who is swearing to the account on the guardian's   behalf, is or has been the subject of an investigation conducted by   the Judicial Branch [Guardianship] Certification Commission   [Board] during the accounting period.          SECTION 33.  Section 1163.101(c), Estates Code, is amended   to read as follows:          (c)  The guardian of the person shall file a sworn affidavit   that contains:                (1)  the guardian's current name, address, and   telephone number;                (2)  the ward's date of birth and current name, address,   telephone number, and age;                (3)  a description of the type of home in which the ward   resides, which shall be described as:                      (A)  the ward's own home;                      (B)  a nursing home;                      (C)  a guardian's home;                      (D)  a foster home;                      (E)  a boarding home;                      (F)  a relative's home, in which case the   description must specify the relative's relationship to the ward;                      (G)  a hospital or medical facility; or                      (H)  another type of residence;                (4)  statements indicating:                      (A)  the length of time the ward has resided in the   present home;                      (B)  the reason for a change in the ward's   residence, if a change in the ward's residence has occurred in the   past year;                      (C)  the date the guardian most recently saw the   ward;                      (D)  how frequently the guardian has seen the ward   in the past year;                      (E)  whether the guardian has possession or   control of the ward's estate;                      (F)  whether the ward's mental health has   improved, deteriorated, or remained unchanged during the past year,   including a description of the change if a change has occurred;                      (G)  whether the ward's physical health has   improved, deteriorated, or remained unchanged during the past year,   including a description of the change if a change has occurred;                      (H)  whether the ward has regular medical care;   and                      (I)  the ward's treatment or evaluation by any of   the following persons during the past year, including the person's   name and a description of the treatment:                            (i)  a physician;                            (ii)  a psychiatrist, psychologist, or other   mental health care provider;                            (iii)  a dentist;                            (iv)  a social or other caseworker; or                            (v)  any other individual who provided   treatment;                (5)  a description of the ward's activities during the   past year, including recreational, educational, social, and   occupational activities, or a statement that no activities were   available or that the ward was unable or refused to participate in   activities;                (6)  the guardian's evaluation of:                      (A)  the ward's living arrangements as excellent,   average, or below average, including an explanation if the   conditions are below average;                      (B)  whether the ward is content or unhappy with   the ward's living arrangements; and                      (C)  unmet needs of the ward;                (7)  a statement indicating whether the guardian's   power should be increased, decreased, or unaltered, including an   explanation if a change is recommended;                (8)  a statement indicating that the guardian has paid   the bond premium for the next reporting period;                (9)  if the guardian is a private professional   guardian, a guardianship program, or the Health and Human Services   Commission [Department of Aging and Disability Services], whether   the guardian or an individual certified under Subchapter C, Chapter   155, Government Code, who is providing guardianship services to the   ward and who is filing the affidavit on the guardian's behalf, is or   has been the subject of an investigation conducted by the Judicial   Branch [Guardianship] Certification Commission [Board] during the   preceding year; and                (10)  any additional information the guardian desires   to share with the court regarding the ward, including:                      (A)  whether the guardian has filed for emergency   detention of the ward under Subchapter A, Chapter 573, Health and   Safety Code; and                      (B)  if applicable, the number of times the   guardian has filed for emergency detention and the dates of the   applications for emergency detention.          SECTION 34.  Sections 1251.101(a), (b), and (d), Estates   Code, are amended to read as follows:          (a)  When the temporary guardian files the oath or   declaration prescribed by Section 1105.051 and the bond required   under this title, the court order appointing the temporary guardian   takes effect without the necessity for issuance of letters of   guardianship.          (b)  The clerk shall note compliance with the oath or   declaration and bond requirements by the appointed temporary   guardian on a certificate attached to the order.          (d)  The clerk may not issue certified copies of the order   until the oath or declaration and bond requirements are satisfied.          SECTION 35.  Subchapter B, Chapter 1301, Estates Code, is   amended by adding Section 1301.0511 to read as follows:          Sec. 1301.0511.  NOTICE REQUIRED FOR APPLICATION FOR   CREATION OF TRUST; CITATION OF APPLICANT NOT REQUIRED. (a) On the   filing of an application for creation of a management trust and   except as provided by Subsection (d), notice shall be issued and   served in the manner provided by Subchapter C, Chapter 1051, for the   issuance and service of notice on the filing of an application for   guardianship.          (b)  It is not necessary to serve a citation on a person who   files an application for the creation of a management trust under   this subchapter or for that person to waive the issuance and   personal service of citation.          (c)  If the person for whom an application for creation of a   management trust is filed is a ward, the sheriff or other officer,   in addition to serving the persons described by Section 1051.103,   shall personally serve each guardian of the ward with citation to   appear and answer the application.          (d)  Notice under this section is not required if a   proceeding for the appointment of a guardian is pending for the   person for whom an application for creation of a management trust is   filed.          SECTION 36.  Section 1301.101(a), Estates Code, is amended   to read as follows:          (a)  Except as provided by Subsection (c), a management trust   created for a ward or incapacitated person must provide that:                (1)  the ward or incapacitated person is the sole   beneficiary of the trust;                (2)  the trustee may disburse an amount of the trust's   principal or income as the trustee determines is necessary to spend   for the health, education, maintenance, or support of the person   for whom the trust is created;                (3)  the trust income that the trustee does not   disburse under Subdivision (2) must be added to the trust   principal;                (4)  a trustee that is a corporate fiduciary serves   without giving a bond; [and]                (5)  subject to the court's approval and Subsection   (b), a trustee is entitled to receive reasonable compensation for   services the trustee provides to the person for whom the trust is   created as the person's trustee; and                (6)  the trust terminates:                      (A)  except as provided by Paragraph (B), if the   person for whom the trust is created is a minor:                            (i)  on the earlier of:                                  (a)  the person's death; or                                  (b)  the person's 18th birthday; or                            (ii)  on the date provided by court order,   which may not be later than the person's 25th birthday;                      (B)  if the person for whom the trust is created is   a minor and is also incapacitated for a reason other than being a   minor:                            (i)  on the person's death; or                            (ii)  when the person regains capacity; or                      (C)  if the person for whom the trust is created is   not a minor:                            (i)  according to the terms of the trust;                            (ii)  on the date the court determines that   continuing the trust is no longer in the person's best interests,   subject to Section 1301.202(c); or                            (iii)  on the person's death.          SECTION 37.  Section 1301.154(b), Estates Code, is amended   to read as follows:          (b)  The trustee of a management trust created for a ward   shall provide a copy of the annual account to each [the] guardian of   the ward [ward's estate or person].          SECTION 38.  Section 1301.203, Estates Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Except as provided by Subsection (a-1), if [If] the   person for whom a management trust is created is a minor, the trust   terminates on:                (1)  the earlier of:                      (A)  the person's death; or                      (B)  the person's 18th birthday; or                (2)  the date provided by court order, which may not be   later than the person's 25th birthday.          (a-1)  If the person for whom a management trust is created   is a minor and is also incapacitated for a reason other than being a   minor, the trust terminates:                (1)  on the person's death; or                (2)  when the person regains capacity.          SECTION 39.  Sections 1355.002(b), (c), (d), (e), and (f),   Estates Code, are amended to read as follows:          (b)  This section applies only to a nonresident creditor who   is:                (1)  a nonresident minor and has a nonresident guardian   of the estate appointed by a foreign court;                (2)  [,] a nonresident person who is adjudged by a   foreign court [of competent jurisdiction] to be incapacitated and   has a nonresident guardian of the estate appointed by that   court;[,] or                (3)  the nonresident former ward of a guardianship   terminated under Chapter 1204 who has no legal guardian qualified   in this state.          (c)  A debtor in this state who owes money to a nonresident   creditor to whom this section applies may pay the money:                (1)  to the creditor's guardian of the estate qualified   in the domiciliary jurisdiction; or                (2)  to the county clerk of:                      (A)  any county in this state in which real   property owned by the creditor is located; or                      (B)  if the creditor is not known to own real   property in this state, the county in which the debtor resides.          (d)  A payment made under this section is for the nonresident   creditor's account and for the nonresident creditor's use and   benefit.          (e)  A receipt for payment signed by the county clerk is   binding on the nonresident creditor as of the date and to the extent   of payment if the receipt states:                (1)  the creditor's name; and                (2)  the creditor's post office address, if the address   is known.          (f)  A county clerk who receives a payment under Subsection   (c) for a nonresident creditor shall handle the money in the same   manner as provided for a payment to the account of a resident   creditor under Sections 1355.001, 1355.051, 1355.052, 1355.102,   1355.103, and 1355.104. Those sections apply to the handling and   disposition of money or any increase, dividend, or income paid to   the clerk for the use, benefit, and account of the nonresident   creditor to whom this section applies.          SECTION 40.  Section 1355.105, Estates Code, is amended to   read as follows:          Sec. 1355.105.  WITHDRAWAL OF MONEY BY CREDITOR OR   CREDITOR'S HEIR, [OR] REPRESENTATIVE, OR GUARDIAN. (a) On   presentation to the court clerk of an order of a county or probate   court of the county in which the money is held, money that is not   withdrawn by an authorized person as provided by this chapter may be   withdrawn by:                (1)  the creditor, after termination of the creditor's   disability;                (2)  a subsequent personal representative of the   creditor; [or]                (3)  the creditor's heirs; or                (4)  a nonresident guardian of the estate appointed by   a foreign court for a creditor who is:                      (A)  a nonresident minor; or                      (B)  a nonresident person who is adjudged to be   incapacitated.          (b)  Except as provided by Subsection (b-1), a [A] withdrawal   under Subsection (a) may be made at any time and without a special   bond for that purpose.          (b-1)  A court may require a nonresident guardian of the   estate of a creditor who is a nonresident minor or nonresident   incapacitated person as described by Subsection (a)(4) to provide   proof that the nonresident guardian of the estate gave an adequate   bond in the foreign jurisdiction if the court determines that it is   in the nonresident minor's or nonresident incapacitated person's   best interest.          (c)  The order presented under Subsection (a) must direct the   court clerk to deliver the money to:                (1)  the creditor;                (2)  [,] the creditor's personal representative;                (3)  [, or] the creditor's heirs named in the order; or                (4)  if the creditor is a nonresident minor or   nonresident person who is adjudged to be incapacitated, the   creditor's nonresident guardian of the estate.          (d)  Before the court may issue an order under this section,   the person's identity and credentials must be proved to the court's   satisfaction. For purposes of this subsection, a nonresident   guardian of the estate described by Subsection (c)(4) must present   to the court exemplified copies of the order of a foreign court   appointing the guardian and current letters of guardianship issued   in the foreign jurisdiction.          SECTION 41.  (a) Except as otherwise provided by this   section, the changes in law made by this Act apply to:                (1)  a guardianship created before, on, or after the   effective date of this Act; and                (2)  an application for a guardianship pending on, or   filed on or after, the effective date of this Act.          (b)  The changes in law made by this Act to Section 1021.001,   Estates Code, apply only to an action filed on or after the   effective date of this Act. An action filed before the effective   date of this Act is governed by the law in effect on the date the   action was filed, and the former law is continued in effect for that   purpose.          (c)  The changes in law made by this Act to Section 1251.101,   Estates Code, and Chapter 1105, Estates Code, apply only to the   qualification of a guardian that occurs on or after the effective   date of this Act.  The qualification of a guardian that occurs   before the effective date of this Act is governed by the law in   effect on the date the guardian qualifies to serve, and the former   law is continued in effect for that purpose.          (d)  Section 1301.0511, Estates Code, as added by this Act,   applies only to an application for creation of a management trust   filed on or after the effective date of this Act. An application   for creation of a management trust filed before the effective date   of this Act is governed by the law in effect on the date the   application was filed, and the former law is continued in effect for   that purpose.          (e)  The changes in law made by this Act to Sections 1301.101   and 1301.203, Estates Code, apply only to an application for the   creation or modification of a management trust filed on or after the   effective date of this Act. An application for the creation or   modification of a management trust filed before the effective date   of this Act is governed by the law in effect on the date the   application was filed, and the former law is continued in effect for   that purpose.          (f)  The changes in law made by this Act to Section 1355.105,   Estates Code, apply only to an application for an order for the   delivery of money that is filed on or after the effective date of   this Act. An application for an order for the delivery of money   that is filed before the effective date of this Act is governed by   the law in effect on the date the application was filed, and the   former law is continued in effect for that purpose.          SECTION 42.  This Act takes effect September 1, 2021.