SB2939 - Relating to certain mandatory training for guardians ad litem.

      By: Menéndez S.B. No. 2939               A BILL TO BE ENTITLED   AN ACT   relating to certain mandatory training for guardians ad litem.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.   Add Section 1054.0541 of the Estates Code as   follows:           Sec.   1054.0541.       TRAINING FOR GUARDIANS AD LITEM.   (a)   A   guardian ad litem appointed under Subchapter B of this Chapter to   represent the interests of an incapacitated person in a   guardianship proceeding shall complete at least 4.75 hours of   training relating to representing the interests of an incapacitated   person in a guardianship proceeding as described by Subsection (b)   and Subsection (c) as soon as practicable after the guardian ad   litem is appointed.   A guardian ad litem is not required to comply   with this subsection if the court finds that the guardian ad litem   has experience equivalent to the required education.           (b)     An individual who is qualified for appointment as an   guardian ad litem to represent the interests of an incapacitated   person in a guardianship proceeding   must complete at least 4.75   hours of training relating to the representation of the interests   of an incapacitated person in a guardianship proceeding   every 2   years before the anniversary date of the guardian ad litem's   appointment.             (c)     The training required by Subsection (b) must be designed   to educate a guardian ad litem regarding the guardian ad litem's   duty to represent the interests of an incapacitated person in a   guardianship proceeding   and include information regarding:                 (1)     basic principles of guardianship law, including   the duties and responsibilities of a guardian ad litem;                 (2)     understanding the responsibilities of a guardian   ad litem in protecting the interests of the person subject to   the guardianship;                 (3)     the ethical obligations of a guardian ad litem,   including the duty to act in the best interests of the person   subject to the guardianship, avoiding conflicts of interest,   and ensuring impartiality;                 (4)     techniques for interviewing and communicating   with individuals subject to guardianship, as well as their   family members and other parties involved in the case;                 (5)     an overview of mental health, cognitive   impairments, and other medical conditions that may be   relevant in guardianship cases;                   (6)     guidance on how to assess the needs and best   interests of individuals subject to guardianship, including   the consideration of less restrictive alternatives to   guardianship when appropriate; and                 (7)     familiarization with the procedural aspects of   guardianship hearings, including the submission of reports   and testifying in court.           (d)  The training required by Subsections (b) must:           (1)     be low-cost and available to persons throughout this   state, including on the Internet; and           (2)     focus on the duties of a guardian ad litem in, and the   procedures of and best practices for, representing the interests of   an incapacitated person in a guardianship proceeding.           SECTION 2.  This Act takes effect September 1, 2025.