(a) Before a hearing may be held for the appointment of a guardian, current and relevant medical, psychological, and intellectual testing records of the proposed ward must be provided to the attorney ad litem appointed to represent the proposed ward unless:
(1) the proposed ward is a minor or a person who must have a guardian appointed to receive funds due the person from any governmental source; or
(2) the court makes a finding on the record that:
(A) current or relevant records do not exist; and
(B) examining the proposed ward for the purpose of creating the records is impractical.
(b) Current medical, psychological, and intellectual testing records are a sufficient basis for a determination of guardianship.

Terms Used In Texas Estates Code 1101.053

  • 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
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(c) The findings and recommendations contained in the medical, psychological, and intellectual testing records are not binding on the court.

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