Highlights 77th Texas Legislature - Senate

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JURISPRUDENCE
77 th Texas Legislature
Provides that an obligor subject to a mandatory writ for withholding may file a motion to terminate
withholding. On a showing by the obligor that the obligor has complied fully with the terms of the
maintenance or child support order, the court must render an order for the issuance and delivery to the
obligor of a notice of termination of withholding.
Authorizing a Child to Continue Certain Wrongful Death Suits - H.B. 947
by Representative Sylvester Turner
Senate Sponsor: Senator Duncan
Provides that if the plaintiff in a wrongful death suit for the death of the plaintiff’s spouse dies while the
action is pending, the child of the spouse who is the subject of the action may be made the plaintiff and the
action may be prosecuted as though the surviving spouse had not died.
Guardianships and Other Matters Related to Incapacitated Persons - H.B. 1132
by Representatives Thompson and Naishtat
Senate Sponsor: Senator Bernsen
Addresses many different matters related to guardianships and estates of incapacitated persons.
Allows the appointment of a temporary or permanent guardian of an estate without the automatic
termination of an agent for a ward.
Allows the court to appoint a guardian for a minor or incapacitated adult, other than one designated by the
deceased or incapacitated parents, if the court finds the designated guardian is disqualified, is dead,
refuses to serve, or would not serve the best interests of the minor or incapacitated adult.
Sets forth provisions relating to:
• a written declaration of appointment of guardian for a child in the event of a person’s incapacity;
• the change or resignation of a resident agent; and
• removing a guardian, including in cases of a divorce between joint guardians.
Allows the guardian of a ward’s estate to seek from the court an order to inspect a true copy of a will,
codicil, trust, or other estate planning instruments for the purposes of establishing an estate plan.
Allows the spouse of an incapacitated adult to be the presumed community administrator. Allows the court
to remove a spouse as community administrator if the court finds the spouse is not suitable. Requires the
court to appoint an attorney ad litem for the incapacitated spouse if the community administrator is
removed. Sets forth provisions regulating the activities of a community administrator.
Senate Research Center 196