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Texas Government Code - Section 22.013. Judicial Instruction Related To Guardianship Issues

Legal Research Home > Texas Lawyer > Government Code > Texas Government Code - Section 22.013. Judicial Instruction Related To Guardianship Issues

§ 22.013. JUDICIAL INSTRUCTION RELATED TO GUARDIANSHIP 
ISSUES.  (a) The supreme court shall provide a course of 
instruction that relates to issues that arise in guardianship cases 
for judges involved in those cases.
	(b)  The supreme court 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.

Added by Acts 1993, 73rd Leg., ch. 905, § 1, eff. Sept. 1, 1993.           

Last modified: August 11, 2007