By: Zaffirini	S.B. No. 1882
	(In the Senate - Filed March 13, 2015; March 25, 2015, read
	first time and referred to Committee on Health and Human Services;
	May 5, 2015, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 9, Nays 0; May 5, 2015, sent
	to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 1882	By:  Zaffirini

	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)  Unless a right is limited by a court or otherwise
	restricted by law, 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 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, 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; and
	(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.
	(c)  A ward under guardianship may petition the court for the
	specific enforcement of any right described by Subsection (b).
	(d)  The court, in accordance with Section 1155.151, 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)  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.
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