Texas Estates Code

§ 1101.053 — PROVISION OF RECORDS REQUIRED; USE OF RECORDS

ES § 1101.053Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part D. CREATION OF GUARDIANSHIP · Ch. 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN · Art. B. HEARING; JURY TRIAL

Statute text

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(a)Before a hearing may be held for the appointment of a guardian, current and relevant medical, psychological, and intellectual testing records of the proposed ward must be provided to the attorney ad litem appointed to represent the proposed ward unless:

(1)the proposed ward is a minor or a person who must have a guardian appointed to receive funds due the person from any governmental source; or

(2)the court makes a finding on the record that:

(A)current or relevant records do not exist; and

(B)examining the proposed ward for the purpose of creating the records is impractical.

(b)Current medical, psychological, and intellectual testing records are a sufficient basis for a determination of guardianship.

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Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.