LawServer Nav Menu

Texas Estates Code 1054.104 – Evaluation Report

(a) A court visitor appointed under Section 1054.103 shall file the report on the evaluation of a ward or proposed ward not later than the 14th day after the date the court visitor conducts the evaluation. The court visitor shall swear under penalty of perjury that the report is accurate to the best of the court visitor’s knowledge and belief.
(b) A court visitor’s report must include:
(1) a description of the nature and degree of the ward’s or proposed ward’s capacity and incapacity, including a description of the ward’s or proposed ward’s medical history, if reasonably available and not waived by the court;
(2) a medical prognosis and list of the ward’s or proposed ward’s treating physicians, when appropriate;
(3) a description of the ward’s or proposed ward’s living conditions and circumstances;
(4) a description of the ward’s or proposed ward’s social, intellectual, physical, and educational conditions;
(5) a statement that the court visitor has personally visited or observed the ward or proposed ward;
(6) a statement of the date of the guardian‘s most recent visit, if a guardian has been appointed;
(7) a recommendation as to any modification needed in the guardianship or proposed guardianship, including removal or denial of the guardianship; and
(8) any other information required by the court.

Terms Used In Texas Estates Code 1054.104

  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Swear: includes affirm. See Texas Government Code 311.005
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

Texas Estates Code 1054.104 – Evaluation Report

(a) A court visitor appointed under Section 1054.103 shall file the report on the evaluation of a ward or proposed ward not later than the 14th day after the date the court visitor conducts the evaluation. The court visitor shall swear under penalty of perjury that the report is accurate to the best of the court visitor’s knowledge and belief.
(b) A court visitor’s report must include:
(1) a description of the nature and degree of the ward’s or proposed ward’s capacity and incapacity, including a description of the ward’s or proposed ward’s medical history, if reasonably available and not waived by the court;
(2) a medical prognosis and list of the ward’s or proposed ward’s treating physicians, when appropriate;
(3) a description of the ward’s or proposed ward’s living conditions and circumstances;
(4) a description of the ward’s or proposed ward’s social, intellectual, physical, and educational conditions;
(5) a statement that the court visitor has personally visited or observed the ward or proposed ward;
(6) a statement of the date of the guardian‘s most recent visit, if a guardian has been appointed;
(7) a recommendation as to any modification needed in the guardianship or proposed guardianship, including removal or denial of the guardianship; and
(8) any other information required by the court.

Terms Used In Texas Estates Code 1054.104

  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Swear: includes affirm. See Texas Government Code 311.005
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033