By: Zaffirini S.B. No. 39               A BILL TO BE ENTITLED   AN ACT   relating to guardianships for persons who have physical   disabilities or who are incapacitated.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ESTATES CODE          SECTION 1.  Section 1055.003, Estates Code, is amended as   follows:          Sec. 1055.003.  INTERVENTION BY INTERESTED PERSON. (a)   Notwithstanding the Texas Rules of Civil Procedure, an interested   person may intervene in a guardianship proceeding only by filing a   timely motion to intervene that is served on the parties.          (b)  The motion must state the grounds for intervention in   the proceeding and be accompanied by a pleading that sets out the   purpose for which intervention is sought.          (c)  The provisions of Subsections (a) and (b) do not apply   to any person who would be entitled to notice of the filing of the   guardianship application pursuant to Section 1051.104 of this code.          SECTION 2.  Section 1102.002, Estates Code, is amended as   follows:          Sec. 1102.002.  CONTENTS OF APPLICATION FOR GUARDIANSHIP;   CONFIDENTIALITY OF CERTAIN ADDRESSES. An application filed under   Section 1101.001 may omit the address of a person named in the   application if:          (1)  The application states that the person is or was   protected by a protective order issued under Chapter 85, Family   Code;          SECTION 3.  Section 1357.056, Estates Code is amended as   follows:          Sec. 1357.056.  FORM OF SUPPORTED DECISION-MAKING   AGREEMENT.   IMPORTANT INFORMATION FOR SUPPORTER   Supporter's Duties                When you accept the authority granted to a supporter   under this supported decision-making agreement, you   establish a "fiduciary" relationship with the adult   with a disability who executes the agreement. This is a   special legal relationship that imposes on you legal   duties that continue until the agreement is terminated   by either party, by the terms of the agreement, or by   operation of law. A fiduciary duty generally includes   the duty to:                (1)  act in good faith;                (2)  do nothing beyond the authority granted in this   agreement;                (3)  act loyally for the benefit of the adult with a   disability making the agreement;                 (4)  disclose to the adult with a disability pertinent   information affecting that person; and                (5)  avoid conflicts that would impair your ability to   act in the best interest of the person executing the agreement.                                  Termination of Agent's Authority                You must stop acting as a supporter on behalf of the   adult with a disability if you learn of any event that   terminates this agreement or your authority to act   under it. An event that terminates this agreement or   your authority to act under it includes:                (1)  the termination of the agreement by either you or   the adult with a disability;                (2)  the appointment and qualification of a guardian of   the person or estate;                 (3)  if the Texas Department of Family and Protective   Services finds that the adult with a disability has been abused,   neglected or exploited by you; or you are found criminally liable   for conduct involving the adult with a disability.          SECTION 4.  Section 1357.101, Estates Code is amended as   follows:          Sec. 1357.101.  RELIANCE ON AGREEMENT; LIMITATION OF   LIABILITY.          (c)  A supporter in a supported decision making agreement is   in a fiduciary relationship with the adult with a disability who   enters into the agreement, and owes to the adult with a disability   those duties stated in the form set forth in Section 1357.056.           SECTION 5.  Section 752.051, Estates Code, is amended as   follows:          Sec. 752.051.  FORM OF STATUTORY DURABLE POWER OF ATTORNEY.                If any agent named by me dies, becomes legally   disabled, resigns, or refuses to act, or is removed by   a court of competent jurisdiction, I name the   following (each to act alone and successively, in the   order named) as successor(s) to that agent:   ____________________________________________________   _______.          SECTION 6.  Section 752.052, Estates Code, is amended as   follows:          Sec. 752.052.  RELATION OF ATTORNEY-IN-FACT TO   COURT-APPOINTED GUARDIAN OF ESTATE.          (a)  The appointment by a court in a guardianship proceeding   in Texas of a temporary or permanent guardian of the estate for a   ward who is the principal under a statutory durable power of   attorney automatically revokes all powers and authority granted to   each agent or attorney-in-fact named in the power of attorney,   unless the court in the guardianship proceeding enters an order   that:                (1)  affirms and states the effectiveness of the power   of attorney; and                (2)  confirms the validity of the appointment of the   named agent or attorney-in-fact.           SECTION 7.  Subtitle P, Chapter 753, Section 753.001,   Estates Code is added as follows:          Sec. 753.001.  REMOVAL OF ATTORNEY-IN FACT.          (a)  The following persons may file a petition to remove the   currently serving attorney-in-fact named in a durable power of   attorney and appoint a successor attorney-in-fact who is named in   the durable power of attorney:                (1)  any person named as a successor attorney-in-fact   in the durable power of attorney; or                (2)  as a least restrictive alternative to   guardianship, any interested person (including an attorney   ad-litem or guardian ad-litem) in a guardianship proceeding.          (b)  An attorney-in-fact may be removed on the petition of an   interested person, and after hearing, a court may, in its   discretion, remove an attorney-in-fact and deny part or all of the   attorney-in-fact's compensation, if allowed by the terms of the   power of attorney, if:                (1)  the court finds that the attorney-in-fact has   breached his or her fiduciary duties to the principal;                (2)  the court finds that the attorney-in-fact has   materially violated or attempted to violate the terms of the   durable power of attorney and the violation or attempted violation   results in a material financial loss to the principal;                (3)  the attorney-in-fact becomes incapacitated or is   otherwise incapable of properly performing his or her duties;                (4)  the attorney-in-fact fails to make an accounting   that is required by law or by the terms of the power of attorney or   as ordered by the court; or                (5)  the court finds other cause for removal.          (c)  A cause of action brought under subsection (a) may be   filed in any court with original probate jurisdiction.          SECTION 8.  Subtitle P, Chapter 753, Section 753.002,   Estates Code is added as follows:          Sec. 753.002.  APPOINTMENT OF DESIGNATED SUCCESSOR   ATTORNEY-IN FACT.          (a)  If a person currently serving as an attorney-in-fact   under a durable power of attorney is removed pursuant to Section   753.001 of this code, the court shall not authorize the appointment   of any successor attorney-in-fact named in the durable power of   attorney unless the court enters findings that such person is   qualified and capable of properly performing his or her duties to   the principal, pursuant to the terms of the durable power of   attorney and other applicable law.          (b)  Within twenty-one days after entry of an order removing   an attorney-in-fact, pursuant to Section 753.001, and appointing a   successor attorney-in-fact, as provided in this subsection (a), the   successor attorney-in-fact shall provide actual notice of such   order to all appropriate third-parties who the attorney-in-fact has   reason to believe have relied, or may rely, on the durable power of   attorney.