Texas guardianship bill exposes current ‘due process’ loophole, seeks to close

Guardianships limit, even sometimes suspend, many basic rights enjoyed by Texas adults. HB 2600, currently before the legislature, seeks to revise how incapacitation for the purpose of pursuing a guardianship is determined. An analysis by the Texas Conservative Coalition (TCC) discusses this bill’s potential impact on all Texans including the administrative ease with which this rights-revoking status can be attained under Texas’ current Estate Code that includes “no provision for a hearing or due process.” It further notes courts not being required to consider evidence in probable cause determinations. Rather, the code lists two minor items that courts “may” consider.

Read more at Watchdog Wire – Texas.

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