Section 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.Tex. Gov't. Code § 81.114
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 521,Sec. 70, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 576,Sec. 30, eff. 9/1/2021.Added by Acts 1993, 73rd Leg., ch. 905, Sec. 3, eff. 9/1/1993.