Sec. 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.
Added by Acts 1993, 73rd Leg., ch. 905, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 70, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 30, eff. September 1, 2021.