Texas Estates Code

§ 1101.103 — DETERMINATION OF INCAPACITY OF CERTAIN ADULTS: HEALTH CARE PROVIDER EXAMINATION

ES § 1101.103Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part D. CREATION OF GUARDIANSHIP · Ch. 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN · Art. C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS AND PROOF

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(a)Except as provided by Section 1101.104, the court may not grant an application to create a guardianship for an incapacitated person, other than a minor or person for whom it is necessary to have a guardian appointed only to receive funds from a governmental source, unless the applicant presents to the court a written letter or certificate from a physician or advanced practice registered nurse that is:

(1)dated not earlier than the 120th day before the date the application is filed; and

(2)based on an examination the physician or advanced practice registered nurse performed not earlier than the 120th day before the date the application is filed. (a-1) For purposes of Subsection (a), a letter or certificate based on an examination by an advanced practice registered nurse must be signed by the supervising physician.

(b)The letter or certificate must:

(1)describe the nature, degree, and severity of the proposed ward's incapacity, including any functional deficits regarding the proposed ward's ability to:

(A)handle business and managerial matters;

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