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HB26-1100 • 2026

Guardianship for Incapacitated Adults

The act establishes a bill of rights for adults subject to guardianship (ward) and details what decisions a court may authorize a guardian to make on behalf of a ward. The act updates the duties of a

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Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. C. Espenoza, Rep. R. Stewart, Sen. M. Snyder, Rep. J. Bacon, Rep. A. Boesenecker, Rep. K. Brown, Rep. S. Camacho, Rep. C. Clifford, Rep. M. Duran, Rep. R. English, Rep. M. Froelich, Rep. J. Jackson, Rep. S. Lieder, Rep. M. Lindsay, Rep. M. Lukens, Rep. J. McCluskie, Rep. K. Nguyen, Rep. J. Phillips, Rep. N. Ricks, Rep. M. Rutinel, Rep. K. Stewart, Rep. Y. Zokaie, Sen. M. Ball, Sen. T. Exum, Sen. J. Gonzales, Sen. I. Jodeh, Sen. C. Kipp, Sen. J. Marchman, Sen. K. Wallace
Last action
2026-05-29
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

The official summary confirms enactment but leaves the effective date blank in the metadata provided.

Guardianship Rights and Duties for Adults

This law creates a list of rights for adults under guardianship, sets rules about notifying them before moving to restricted facilities, and requires reports on the cost to courts.

What This Bill Does

  • Creates a bill of rights for adults who are wards in a guardianship case.
  • Lists specific decisions that a court can allow a guardian to make for a ward.
  • Requires guardians to tell a ward at least 30 days before moving them permanently to a nursing home, mental health institution, or other facility that restricts the ward's ability to leave or have visitors.
  • Orders the state court administrator to report on how much this law costs the judicial department using existing data sources.

Who It Names or Affects

  • Adults who are under guardianship, known as wards.
  • Guardians appointed by a court to make decisions for these adults.
  • Courts that authorize guardian powers and oversee moves.
  • The state court administrator's office.

Terms To Know

Ward
An adult who is subject to guardianship.
Guardian
A person authorized by a court to make decisions on behalf of a ward.

Limits and Unknowns

  • The law does not state the exact effective date in the provided text.
  • Reports on costs are only required for November 1, 2027, and November 1, 2028.
  • The specific list of rights included in the bill is described generally but not detailed item by item.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.003

HOU Appropriations

Passed [*]

Plain English: This amendment creates a new list of rights for adults under guardianship, limits what decisions courts can give to guardians, and adds rules requiring guardians to notify the court before moving an adult into a restricted facility.

  • It establishes specific rights for wards, including dignity, freedom from abuse, religious practice, privacy, sexual expression, gender identity respect, and the right to have their own lawyer in court hearings.
  • It clarifies that courts can only authorize guardians to make decisions about social life, lawsuits, contracts, gifts of money, or property management if specifically ordered.
  • It states that wards keep the rights to vote, control reproductive health, and change marital status unless a judge explicitly removes those rights in their order.
  • It requires guardians to tell the court at least 30 days before permanently moving an adult into a nursing home or facility with restrictions on leaving or having visitors.
  • The amendment text is incomplete because it cuts off mid-sentence in Section 2 regarding changes to existing duties of guardians.
  • Some details about how courts will enforce these new rights are not explained in the provided text.
L.002

HOU Finance

Passed [*]

Plain English: This amendment updates the rules for adult guardianship to require courts to try less restrictive options first, clarify who must be notified about cases, and ensure adults have legal representation or a court-appointed helper.

  • Courts must now check if supportive services or technology can help an adult before deciding they need full control by a guardian.
  • The list of people who must receive notice when a guardianship case starts is expanded to include domestic partners, roommates living together for over six months, and members of the person's support community.
  • Adults involved in these cases are guaranteed an attorney if they ask for one, or a guardian ad litem (a court-appointed helper) if they cannot work with a lawyer.
  • The amendment limits how many professional evaluations can be ordered by the court unless there is a specific reason to do more.
  • Some parts of the official text provided were cut off at the end, so details about additional evaluation rules are incomplete.
  • Specific legal definitions for terms like 'guardian ad litem' or 'supported decision-making' are not explained in this amendment text.
L.001

HOU Judiciary

Passed [*]

Plain English: This amendment creates a new list of rights for adults under guardianship and defines key legal terms to clarify how these protections work.

  • It adds a 'Bill of Rights' that guarantees adults in guardianships the right to dignity, safety, privacy, religious freedom, and respect for their gender identity.
  • It ensures adults can participate as much as possible in decisions about where they live, how they are cared for, and who manages their money.
  • It gives adults the right to have a lawyer advocate for what they want and to speak directly to judges during court hearings.
  • It defines new legal terms like 'full guardianship,' 'limited guardianship,' and 'less restrictive alternative' so everyone understands how much power a guardian has.
  • The provided text cuts off at the end of Section 2, so some details about communication support in court are incomplete.
  • Because this is an amendment to existing laws, it does not explain every rule that already existed before these changes were made.
L.004

Second Reading

Passed [**]

Plain English: This amendment removes a specific paragraph from the Appropriations Committee Report about funding for guardianship laws.

  • It deletes lines 29 through 34 on page 3 of the May 5, 2026 report.
  • The amendment text does not say what words were in the deleted section.
  • Because the original text is missing from this document, it is unclear exactly which funding or budget details are being removed.
L.007

Second Reading

Passed [**]

Plain English: This amendment removes references to 'conservators' from the bill so that it only applies to guardians.

  • The text on page 3 is changed to remove the words 'OR CONSERVATOR', leaving only 'GUARDIAN'.
  • The phrase 'OR CONSERVATOR' is deleted entirely from line 13 of page 4.
  • This amendment text does not explain why conservators are being removed or how the law will handle cases involving them in the future.
  • The official title mentions duties for both guardians and conservators, but this change limits the bill's scope to only guardians.
L.008

Second Reading

Passed [**]

Plain English: This amendment clarifies that the new rules for guardianship do not create any new legal lawsuits or change existing ones available to wards.

  • Adds a statement saying this section does not start a brand-new type of lawsuit.
  • The amendment only explains what the law will NOT do, so it does not describe any new rights or duties that are being added.
  • Because the text is very short and specific to legal procedures, it cannot explain how guardianship decisions work in general.
L.005

Third Reading

Passed

Plain English: This amendment requires the State Court Administrator's Office to report on how much money House Bill 26-1100 costs the court system in late 2027 and 2028.

  • The State Court Administrator must send a financial impact report about this bill to specific legislative committees by November 1, 2027, and again on November 1, 2028.
  • The office creating the report is required to use data sources that already exist instead of collecting new information.
  • This amendment only sets up a reporting requirement for two years; it does not explain what specific financial numbers will be found in those reports.
  • The rule requiring these reports automatically ends on January 1, 2029.
L.009

Third Reading

Passed

Plain English: This amendment removes the phrase 'the court' from a sentence on page 6 of the bill to clarify who is responsible for certain actions.

  • Removes the words "THE COURT AND" from lines 3 and 4 on page 6 of the revised bill.
  • The amendment text only shows which words are deleted but does not include the full sentence, so it is unclear exactly what duties or decisions were originally assigned to both the court and another party.
  • Without seeing the rest of the paragraph, we cannot explain how removing "the court" changes who makes specific decisions for a ward.

Bill History

  1. 2026-05-29 Governor

    Governor Signed

  2. 2026-05-28 Governor

    Sent to the Governor

  3. 2026-05-28 Senate

    Signed by the President of the Senate

  4. 2026-05-28 House

    Signed by the Speaker of the House

  5. 2026-05-12 House

    House Considered Senate Amendments - Result was to Concur - Repass

  6. 2026-05-11 Senate

    Senate Third Reading Passed with Amendments - Floor

  7. 2026-05-08 Senate

    Senate Second Reading Special Order - Passed with Amendments - Floor

  8. 2026-05-07 Senate

    Senate Committee on Finance Refer Unamended to Senate Committee of the Whole

  9. 2026-05-07 Senate

    Introduced In Senate - Assigned to Finance

  10. 2026-05-06 House

    House Third Reading Passed with Amendments - Floor

  11. 2026-05-05 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  12. 2026-05-05 House

    House Committee on Appropriations Refer Amended to House Committee of the Whole

  13. 2026-04-23 House

    House Committee on Finance Refer Amended to Appropriations

  14. 2026-04-01 House

    House Committee on Judiciary Refer Amended to Finance

  15. 2026-02-03 House

    Introduced In House - Assigned to Judiciary

Official Summary Text

The act establishes a bill of rights for adults subject to guardianship (ward) and details what decisions a court may authorize a guardian to make on behalf of a ward.
The act updates the duties of a guardian to include a duty to notify the ward at least 30 days before the ward is permanently moved to a nursing home, mental health institution, or other facility that restricts the ward's ability to leave the facility or have visitors.
On or before November 1, 2027, and November 1, 2028, the act requires the state court administrator's office to submit a report detailing the fiscal impact of this act on the judicial department to the joint budget committee, the senate judiciary committee, and the house of representatives judiciary committee, or their successor committees, and requires the state court administrator's office to create the report using existing data sources.
(Note: This summary applies to this bill as enacted.)