Texas Estates Code

§ 1202.151 — EVIDENCE AND BURDEN OF PROOF AT HEARING

ES § 1202.151Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part F. EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP · Ch. 1202. MODIFICATION OR TERMINATION OF GUARDIANSHIP · Art. D. HEARING, EVIDENCE, AND ORDERS IN PROCEEDING FOR COMPLETE RESTORATION OF WARD'S CAPACITY OR MODIFICATION OF GUARDIANSHIP

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(a)Except as provided by Section 1202.201, at a hearing on an application filed under Section 1202.051, the court shall consider only evidence regarding the ward's mental or physical capacity at the time of the hearing that is relevant to the complete restoration of the ward's capacity or modification of the ward's guardianship, including whether:

(1)the guardianship is necessary; and

(2)specific powers or duties of the guardian should be limited if the ward receives supports and services.

(b)The party who filed the application has the burden of proof at the hearing. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 684 (H.B. 2407), Sec. 2, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 17, eff. September 1, 2015. Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 14