Tex.
Gov't Code Section 81.114
Attorney Instruction Related to Guardianship Issues
(a)
The state bar shall provide a course of instruction for attorneys who represent any person’s interests in guardianship cases or who serve as court-appointed guardians.(b)
The state bar shall adopt the rules necessary to accomplish the purposes of this section.(c)
The instruction must include information about:(1)
statutory and case law relating to guardianships;(2)
the aging process and the nature of disabilities;(3)
the requirements of the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and related case and statutory law, rules, and compliance methods;(4)
the principles of equal access and accommodation;(5)
the use of community resources for the disabled; and(6)
avoidance of stereotypes through a focus on people’s individual abilities, support needs, and inherent individual value.(d)
The instruction may include information about:(1)
substantive areas of law concerning the needs of elderly persons and persons with disabilities;(2)
barriers to physical access and methods to overcome those barriers;(3)
communication needs of elderly persons and persons with disabilities and the technology available to provide access to communication;(4)
duties and responsibilities of guardians, guardians ad litem, attorneys, and court personnel in guardianship proceedings;(5)
standard definitions and procedures for determining incapacity;(6)
standards for surrogate decision making;(7)
the doctrine of the least-restrictive alternative;(8)
the dispute resolution process, especially its application to elderly persons and persons with disabilities; and(9)
successful programs and funding efforts for addressing the court-related needs of elderly persons and persons with disabilities.(e)
The course of instruction described by this section must be low-cost and available to persons throughout this state, including on the Internet provided through the state bar.
Source:
Section 81.114 — Attorney Instruction Related to Guardianship Issues, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.81.htm#81.114 (accessed Jun. 5, 2024).
