TX Senate Bill 1881 | NNA
Law

TX Senate Bill 1881

Notary Law Update: TX Senate Bill 1881

State: Texas

Summary:

SB 1881 authorizes an adult with a disability to voluntarily, without undue influence or coercion, or without creating a guardianship, enter into a supported decision-making agreement with a supporter.

Signed:  June 19, 2015

Effective:  June 19, 2015

Chapter: TBD

Affects:

Creates a new Chapter 1357 in Subtitle I, Title 3, of the Estates Code

Changes:
  1. Provides a less restrictive alternative to guardianship for adults with disabilities who need assistance with decisions regarding daily living but who are not considered incapacitated persons for purposes of establishing a guardianship.
  2. Requires a supported decision-making agreement must be signed by the principal and supporter before a Notary or two witnesses at least 14 years of age.
  3. Requires that a supported decision-making agreement must be signed voluntarily, without coercion or undue influence.
  4. Provides a statutory supported decision-making agreement form.
Analysis:

According to the bill analysis, while guardianship sometimes may be necessary, a person should not be presumed to need a guardian simply because of advanced age or the presence of a physical, cognitive, or mental disability. An individual should be given the opportunity to avoid or limit guardianship through available alternatives. Senate Bill 1881 seeks to provide such an alternative.

SB 1881 requires a supported decision-making agreement to be signed voluntarily and without coercion by the principal and the supporter in the presence of two witnesses or a Notary. Notaries performing the notarial act on the agreement should note that a while the notarial certificate is an acknowledgment -- technically only requiring the signature to be acknowledged before the Notary -- the statute says that if notarized, the signature must be witnessed by the Notary.

Read the bill text.

Knowledge Center