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Texas Estates Code

§ 1202.051 — APPLICATION AUTHORIZED

ES § 1202.051Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part F. EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP · Ch. 1202. MODIFICATION OR TERMINATION OF GUARDIANSHIP · Art. B. APPLICATION FOR COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP

Statute text

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(a)Notwithstanding Section 1055.003, a ward or any person interested in the ward's welfare may file a written application with the court for an order:
(1)finding that the ward is no longer an incapacitated person and ordering the settlement and closing of the guardianship;
(2)finding that the ward lacks the capacity, or lacks sufficient capacity with supports and services, to do some or all of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and granting additional powers or duties to the guardian; or
(3)finding that the ward has the capacity, or sufficient capacity with supports and services, to do some, but not all, of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and:
(A)limiting the guardian's powers or duties; and
(B)permitting the ward to care for himself or herself, make personal decisions regarding residence, or manage the ward's own financial affairs commensurate with the ward's ability, with or without supports and services.

Legislative history

Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 16, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 935 (S.B. 1710), Sec. 1, eff. September 1, 2017.