2025 · Regular session · Senate bill
SB746
SB746 clarifies representation in guardianship cases, restricts participation by people with adverse interests, and requires written court decisions on annual guardianship filings.
Official caption: Relating to guardianship matters.
Official report lists Senate author(s): Zaffirini. This does not identify sponsors or amendment drafters.
Bill explanation published · Version and amendment review scope is stated below · Individual amendment records may not be separately annotated.
Bill highlights
Selected points from the published explanation. Follow each point to its source-linked context; conditions and limits may matter.
- SB746 clarifies representation in guardianship cases, restricts participation by people with adverse interests, and requires written court decisions on annual guardianship filings.
- The act expressly includes a “proposed ward”—a person for whom guardianship is being considered—in the definition, appointment authority, protective duties and specified civil immunity of a guardian ad litem, the court-appointed person representing best interests.
- A person whose interest is adverse to the proposed ward or incapacitated person is expressly barred from applying for appointment of a guardian and from requesting or contesting a guardian’s removal, in addition to the existing restrictions.
- For the guardian of the estate’s annual account and the guardian of the person’s annual report, the court must enter an order approving or not approving the filing.
What does it do?
SB746 clarifies representation in guardianship cases, restricts participation by people with adverse interests, and requires written court decisions on annual guardianship filings. Signed May 29, 2025, it took effect September 1, 2025. The specified procedural changes apply to proceedings already pending as well as those begun on or after that date. Final act and transition; History.
The act expressly includes a “proposed ward”—a person for whom guardianship is being considered—in the definition, appointment authority, protective duties and specified civil immunity of a guardian ad litem, the court-appointed person representing best interests. This does not itself establish that the proposed ward is incapacitated. The immunity remains limited to recommendations and opinions in that role; existing exceptions for willfully wrongful conduct, conscious indifference or reckless disregard for safety, malice, bad faith and gross negligence remain. Sections 1–4; Existing immunity exceptions; Investigation and alternatives duties.
A person whose interest is adverse to the proposed ward or incapacitated person is expressly barred from applying for appointment of a guardian and from requesting or contesting a guardian’s removal, in addition to the existing restrictions. This is not a ban on all family participation: the adverse-interest requirement matters, and existing law assigns that standing determination to the court. Section 5; Prior standing rule.
For the guardian of the estate’s annual account and the guardian of the person’s annual report, the court must enter an order approving or not approving the filing. If it does not approve, it must require a new filing by a deadline set in the order, no later than 30 days after the order. This is a correction deadline after disapproval, not a new 30-day deadline for every initial annual filing. Existing account safeguards and the court’s duty to issue orders needed for the ward’s best interests remain. Sections 6–7; Account safeguards; Report approval rule.
What changed along the way?
The Senate committee substitute removed two introduced proposals: allowing private process servers to personally serve temporary-guardianship citations on proposed wards, and adding a detailed duty to preserve the ward’s estate plan with court approval for specified beneficiary or account changes. Neither proposal became law through SB746. The substitute also changed the proposed refiling limit from 20 to 30 days. Introduced proposals; Committee substitute.
The Senate substitute, engrossed bill, House committee bill and enrolled act then match in operative text. The amendment index lists no floor amendments, and the House reported the bill without amendments. All versions; Amendment index; Passage history.
For the full amendment record, open the official amendment index.
Official bill versions
Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.
Who could benefit—and who could bear the costs?
The changes give courts and guardians a clearer correction process and explicitly cover proposed wards in the best-interests representative’s role. They also limit participation by someone with an adverse interest. Whether this reduces disputes or improves protection in an individual case is not measured by the legislation. Enacted changes.
The March 20 substitute fiscal note anticipates no significant state or local-government fiscal impact and assumes state costs can be absorbed with existing resources. The March 18 introduced note reached the same overall conclusion, but covered a broader proposal. Neither gives a dollar estimate for families’ attorney fees, guardian compensation or savings from fewer disputes. Substitute fiscal note; Introduced fiscal note.
Official sources
- Bill history and latest recorded action
- Bill versions, analyses and fiscal notes
- Action history and votes
- Amendment index
Catalog report retrieved 2026-10-25. Check the official record for corrections or later changes.
