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Texas: SB 286 payrolling attorney’s

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For Texas Residents-
Senate Jurisprudence Hearings Set For 03/01/2011 – Estate / Guardianship

The Senate Jurisprudence Committee will be taking public testimony on 2 bills that should be of interest to all Elderly and Disabled Texans in Guardianship. Unfortunately these two bills only continue the abuse estates. SB 286- relating to attorney’s fees, the amendments are to include that the court may allocate attorney’s fees taxed at costs among the parties as the court finds is FAIR and JUST. If after examining the proposed ward’s ASSETS the court determines the proposed ward is unable to pay for costs allocated to the proposed ward for services provided by an attorney, the county is responsible is responsible for those costs. The attorneys appointed by the courts are forcing the sale of all assets to payroll attorneys fees.

SB 481- relating to the removal of a guardian of an incapacitated person ordered by the court. This bill has been amended for the court to provide notice and citation of a removal (after the fact) giving 30 days to file an application with the court for a hearing for reinstatement. If you are removed, you will be affected by SB 286 to pay for attorney fees that are FAIR and JUST. Which allows Attorneys to collect more fees.

A removal should only take place with clear and convincing evidence to substantiate a removal as written in the Probate Code under Section 761, no mention of removal with clear and convincing evidence in this bill. However, included in this bill: if the court is SATISFIED by the PREPONDERANCE OF THE EVIDENCE THAT THE APPLICANT DID NOT ENGAGE IN THE CONDUCT THAT DIRECTLY LED TO THE APPLICANT’S REMOVAL, the court shall set aside an order appointing a successor guardian, and shall enter an order reinstating the APPLICANT AS GUARDIAN. This bill does not mention that attorney’s fees be waived with the preponderance of the evidence.

Texas residents please join us at the Capitol On Tuesday March 01, 2001 to OPPOSE  these bills, and speak up for the disabled and elderly and for yourselves, this is our future under the Texas Probate Code pertaining to Estates and Guardianships.

We compel you to LISTEN, LEARN AND ACT for the well being and sanctity of families with incapacitated and elderly members, many of whom are also your constituents. You must bring justice to the citizens of Texas through logical and appropriate changes in the laws and institutions.  Unfortunately there are no agencies or laws to protect the rights of the family members of Texas’s most vulnerable population once their Guardianships are removed and revoked

For More information contact GRADE – Guardianship Reform Advocates for the Disabled and Elderly @ info@guardianshipreform.org or visit us as www.guardianshipreform.org

   “So much of what is best in us is bound up in our love of family, that it remains the measure of our stability because it measures our sense of loyalty. All other pacts of love or fear derive from it and are modeled upon it.”
  Haniel Long

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AFTERWORD for “The Bone Trail” by Nell Walton

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Debbie Coffey     Copyright  2011         All Rights Reserved.

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