Texas Estates Code

§ 1001.001 — POLICY; PURPOSE OF GUARDIANSHIP

ES § 1001.001Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part A. GENERAL PROVISIONS · Ch. 1001. PURPOSE AND CONSTRUCTION

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(a)A court may appoint a guardian with either full or limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the incapacitated person.

(b)In creating a guardianship that gives a guardian limited authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person, including by presuming that the incapacitated person retains capacity to make personal decisions regarding the person's residence. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by:

Legislative history

Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 1, eff. September 1, 2015.