By: Zaffirini	S.B. No. 1882

	A BILL TO BE ENTITLED
	AN ACT
	relating to a bill of rights for wards under guardianship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 1151, Estates Code, is amended by adding
	Subchapter H to read as follows:
	SUBCHAPTER H. RIGHTS OF WARDS
	Sec. 1151.351.  BILL OF RIGHTS FOR WARDS. (a) A ward has all
	the rights, benefits, responsibilities, and privileges granted by
	the constitution and laws of this state and the United States,
	except where specifically limited by a court-ordered guardianship
	or where otherwise lawfully restricted.
	(b)  A ward has the right:
	(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 current and previously stated
	personal preferences, desires, medical and psychiatric treatment
	preferences, religious beliefs, living arrangements, and other
	preferences and opinions in guiding substituted judgment decisions
	made by the guardian to promote the ward's self-determination and
	well-being;
	(6)  to financial self-determination for all public
	benefits and 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)  not to be involuntarily admitted for care or
	treatment to a public or private inpatient facility, a public or
	private psychiatric facility, a residential care facility operated
	by the Health and Human Services Commission, or a nursing facility;
	(9)  to exercise full control of all aspects of life not
	specifically granted by the court to the guardian;
	(10)  to control the ward's environment based on the
	ward's personal preferences;
	(11)  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;
	(12)  to appear before the court and express the ward's
	preferences and concerns when the court considers the renewal of
	letters of guardianship or is making a determination concerning
	whether the guardianship should be continued, modified, or
	terminated;
	(13)  to have a court investigator, guardian ad litem,
	or attorney ad litem appointed by the court to investigate a
	complaint received from the ward or any person about the
	guardianship;
	(14)  to participate in social, religious, and
	recreational activities, training, employment, education,
	habilitation, and rehabilitation of the ward's choice in the most
	integrated setting;
	(15)  to self-determination in the maintenance,
	disposition, and management of real and personal property,
	including the right to receive notice and object about the
	maintenance, disposition, or management of clothing, furniture,
	vehicles, and other personal effects;
	(16)  to personal privacy and confidentiality in
	personal matters, subject to state and federal law;
	(17)  to unimpeded, private, and uncensored
	communication and visitation with persons of the ward's choice,
	except that if the court determines that certain communication or
	visitation causes substantial harm to the ward, the court may
	limit, supervise, or restrict communication or visitation, but only
	to the extent necessary to protect the ward from substantial harm;
	(18)  to petition the court and retain counsel of the
	ward's choice 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;
	(19)  to vote in a public election, marry, and retain a
	license to operate a motor vehicle, unless restricted by the court;
	(20)  to personal visits from the guardian at least
	once a month, but more often, if necessary;
	(21)  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 privately with
	representatives of that organization;
	(22)  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 privately with representatives
	from these agencies and organizations;
	(23)  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;
	(24)  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; and
	(25)  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.
	(c)  A ward under guardianship may seek injunctive or
	declaratory relief to enforce the ward's rights under this section
	in the court having jurisdiction over the ward's guardianship.
	(d)  The court may award attorney's fees to an attorney
	appointed or retained to represent a ward in a proceeding to enforce
	the ward's rights under this section.
	(e)  In enacting or revising statutes or resolutions, the
	legislature and the Texas Legislative Council are directed to
	replace, as appropriate, the term "ward" with the preferred phrase
	or appropriate variations of the phrase "person under
	guardianship."
	(f)  This section does not supersede or abrogate other
	remedies existing in law.
	SECTION 2.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.