Description of SB 997

State Bar Guardianship Bill

Governor Bush signed SB 997 into law Monday, May 12, 1997. SB 997 becomes effective September 1, 1997.

SB 997 is the guardianship bill pushed by the Real Estate, Probate and Trust Law Section of the State Bar of Texas. It makes the following changes to the following sections of the Probate Code:
Section Change
609(c) Fixes reference to recodified Family Code sections
633(d) Requires notice of guardianship proceeding to persons designated to serve as guardian in written guardianship declaration or will (in addition to the persons who were entitled to notice under prior law)
633(f) Fixes reference to new subsections of 633(d)
671(e) Permits the court to request other identifying information regarding applicants or court-appointed fiduciaries and to maintain the information separate from the clerk's file (the quid pro quo for eliminating social security numbers from applications -- see below)
677A(a) Fixes reference to 677(b)
682 Deletes requirement to include social security numbers in application for guardianship
774(a) Adds subsection (6), which permits guardian to apply for order of abandonment of "worthless or burdensome" property and subsequent foreclosure on such property without further order of court
776A New section added regarding the criteria to be used to determine if the guardian may expend the ward's funds for the education and maintenance of the ward's spouse or dependent
783 Fixes erroneous reference to decedent
865 Changes the notice rules for tax-motivated gifts out of a guardianship, and expands the pool of possible recipients of gifts to include spouses, descendants, persons related by blood or marriage and persons named as beneficiaries of trusts or "other beneficial instruments" (in addition to a will)

The act permits the court to modify an existing guardianship to conform with the requirements of the Texas Probate Code, as amended by this act. Except for this modification of existing guardianships provision, the changes made by SB 997 apply only to a proceeding for the appointment of a guardian instituted on or after September 1, 1997.


Copyright 1997 by Glenn M. Karisch. This page was last revised on May 28, 1997.