2009 Legislation

The regular session of the 81st Texas Legislature ended in May 2009 and most legislation became effective September 1, 2009.

• Glenn Karisch's 2009 Texas Legislative Update --  Glenn Karisch's summary of 2009 probate, guardianship and trust law changes. Download Paper Download Slides

• Pargaman's 2009 Texas Legislative Update --  Bill Pargaman's summary of the changes affecting trust law, probate and guardianships, including the full text of Probate Code and Trust Code changes. Download PDF.

• Forms -- Download these forms which were altered or promulgated by 2009 legislation. Note: These forms are placed here for use by licensed attorneys only. See the warnings page.
  • A Medical Power of Attorney may now be signed before a notary public instead of two witnesses -- See HB 2585. This form modifies the medical power of attorney form and adds a paragraph to the required disclosure statement to eliminate the witness signatures and add a notarial certificate: PDF Word
  • A Directive to Physicians and Family or Surrogates may not be signed before a notary public instead of two witnesses -- See HB 2585. This form modifies the directive to physicians form to eliminate the witness signatures and add a notarial certificate: PDF Word
  • A Declaration of Guardian In the Event of Later Incapacity or Need of Guardian form now may be signed by the declarant and witnesses just once -- the self-proving affidavit is combined with the document: PDF Word
  • A Declaration of Appointment of Guardian For My Children In the Event of My Death or Incapacity form now may be signed by the declarant and witnesses just once -- the self-proving affidavit is combined with the document: PDF Word
  • New Chapter 34 of the Family Code permits parents to authorize a non-parent relative to act for a child. There is no statutory form, but the statute sets forth the requirements for the form. Please note that these are not cookie-cutter-type forms. The Texas Department of Family and Protective Services promulgated this form for use under Chapter 34. The following forms were prepared by Glenn Karisch and are for use in very specific circumstances:
    • Both parents authorizing the same nonparent relative: PDF Word
    • Sole surviving parent authorizing nonparent relative: PDF Word
• Texas Legislature Online -- Access the state's online bill information website.