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Bill would tighten guardianship conflicts rules, allow earlier guardian ad litem appointment and set deadlines for account review
Summary
Senate Bill 746 would limit participation by parties with adverse interests in guardianship proceedings, clarify that a guardian ad litem can be appointed for a proposed ward, and set deadlines for judges to act on annual accounts and reports. Sponsors and probate groups supported the committee substitute; the bill was left pending.
Senate Bill 746, presented by Senator Creighton for Senator Zaffirini, would make multiple changes to guardianship practice: bar persons with interests adverse to a proposed ward from initiating or participating in guardianship applications in several enumerated ways, permit appointment of a guardian ad litem for a proposed ward (not only after incapacity is found), and require judges to either approve or order a revised annual account/report within a set timeframe to avoid inadvertent loss of letters of guardianship due to judicial inaction.
Senator Creighton explained TREP and other stakeholder recommendations prompted the bill. A committee substitute removed a provision that would have allowed private process servers to issue citations and removed a proposed requirement that a guardian preserve a ward's existing estate plan; it also extended the deadline for a guardian to file a revised annual account from 20 to 30 days.
Meredith MacIver testified in favor on behalf of TREP, saying the bill clarifies appointment of a guardian ad litem and limits adverse-party participation that can create conflicts. Practitioner Steve Catton spoke briefly in support and suggested an amendment requiring courts to state reasons when rejecting an annual account to avoid cycles of repeated supplemental filings. Public testimony closed and the committee left the bill pending.
