Sec. 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.
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