Texas Estates Code 1101.051 – Hearing
(a) At a hearing for the appointment of a guardian, the court shall:
(1) inquire into the ability of any allegedly incapacitated adult to:
(A) feed, clothe, and shelter himself or herself;
(B) care for his or her own physical health; and
(C) manage his or her property or financial affairs;
(2) ascertain the age of any proposed ward who is a minor;
(3) inquire into the governmental reports for any person who must have a guardian appointed to receive funds due the person from any governmental source; and
(4) inquire into the qualifications, abilities, and capabilities of the person seeking to be appointed guardian.
(b) A proposed ward must be present at the hearing unless the court, on the record or in the order, determines that a personal appearance is not necessary.
Terms Used In Texas Estates Code 1101.051
- 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.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) The court may close the hearing at the request of the proposed ward or the proposed ward’s counsel.