HB 653
HB 653 | Relating to guardianships of the person of wards with profound intellectual disabilities who are minors or were minors when their guardianship proceedings commenced, is scheduled for a hearing in House Judiciary and Civil Jurisprudence on Wednesday, March 29,
2023 at 8:00 AM.
This bill by Rep. Steve Allison is of great concern to The Arc of Texas and other IDD advocacy groups. The entire premise of creating a separate guardian type that eliminates due process rights of individuals and decreases court oversight is troubling. Among our concerns, the bill:
- Runs counter to the recent guardianship system reforms enacted in Texas that recognize the importance of self-determination for persons with disabilities, including persons with intellectual and developmental disabilities (IDD);
- As filed the bill establishes a new category of guardian that appears to be a mechanism to undermine self-determination of persons with disabilities when they reach
majority age;
- Allows for the appointment of a guardian without an investigation or a hearing. This raises Due Process concerns regarding the potentially indefinite restriction of liberty of the individual with a disability;
- Includes no clear mechanism for appealing the Court’s determination that an Independent Guardian is necessary;
- Allows the court makes the
determination of whether alternatives to guardianship were considered and determined not to be feasible, as required with an application for guardianship, without an investigation or hearing. This is highly problematic;
- Essentially eliminates court oversight by eliminating the annual reporting and review requirements for guardians by prohibiting any review more frequently than one every five years. The current trend is to require more
oversight of guardianships by courts and the Office of Court Administration; and
- Is silent as to whether the Bill of Rights of Wards applies to persons with Independent Guardian.
