Amends TCA Title 28.

Present law provides that if the person entitled to commence a cause of action, at the time the cause of action accrued, lacks capacity, such person or such person's representatives and privies may commence the action, after removal of such incapacity, within the time of limitation for the particular cause of action, unless it exceeds three years, and in that case within three years from removal of such incapacity, except as provided in the provision below. Present law requires an individual with court-ordered fiduciary responsibility toward a person who lacks capacity, or an individual who possesses the legal right to bring suit on behalf of a person who lacks capacity, to commence the action on behalf of that person within the applicable statute of limitations and not rely on any tolling of the statute of limitations, unless that individual can establish by clear and convincing evidence that the individual did not and could not reasonably have known of the accrued cause of action. This bill clarifies that nothing in the above provisions affects the right of a person who regains capacity to bring suit or shields from liability a fiduciary, conservator, or other agent who commits a tort against an incapacitated person. This bill adds to the present law by requiring an individual with a court-ordered fiduciary responsibility toward a person who lacks capacity, or an individual who holds a valid power of attorney that enables that individual to bring suit on behalf of a person who lacks capacity, to also commence the action on behalf of that person within the applicable statute of limitations and not rely on any tolling of the statute of limitations, unless that individual can establish by clear and convincing evidence that the individual did not and could not reasonably have known of the accrued cause of action.