The 2015 Texas Legislature made significant changes to the Estate Code which now calls for alternatives to complete guardianship be contemplated by a court. Before a guardian can now be appointed there must be a showing by clear and convincing evidence by the party seeking guardianship that alternatives have been considered and rejected as being unfeasible under the circumstances. In addition, the new legislation places more power into the hands of a ward by requiring the court to consider the ward’s views on the proposed guardian as well as giving the ward, or an interested person, to right to petition for a restoration of rights be it full or partial. Lastly, a new chapter was added which proclaims a “bill of rights” which allows wards to raise any issue with the court which violates the bill of rights.
See Deborah C. Hiser, Texas is the first state to recognize supported decision-making as alternative to guardianship, Lexology, September 15, 2015.
