Texas Estates Code 1151.055 – Application by Certain Relatives for Access to Ward; Hearing and Court Order
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(a) This section applies to a relative described under Sections 1101.001(b)(13)(A)-(D).
(b) A relative of a ward may file an application with the court requesting access to the ward, including the opportunity to establish visitation or communication with the ward.
Terms Used In Texas Estates Code 1151.055
- Continuance: Putting off of a hearing ot trial until a later time.
- 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 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- 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) Except as provided by Subsection (d), the court shall schedule a hearing on the application not later than the 60th day after the date an application is filed under Subsection (b). The court may grant a continuance of a hearing under this section for good cause.
(d) If an application under Subsection (b) states that the ward’s health is in significant decline or that the ward’s death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than the 10th day after the date the application is filed under Subsection (b).
(e) The guardian of a ward with respect to whom an application is filed under Subsection (b) shall be personally served with a copy of the application and cited to appear at a hearing under:
(1) Subsection (c) at least 21 days before the date of the hearing; and
(2) Subsection (d) as soon as practicable.
(f) The court shall issue an order after notice and a hearing under this section. An order issued under this section may:
(1) prohibit the guardian of a ward from preventing the applicant access to the ward if the applicant shows by a preponderance of the evidence that:
(A) the guardian’s past act or acts prevented access to the ward; and
(B) the ward desires contact with the applicant; and
(2) specify the frequency, time, place, location, and any other terms of access.
(g) In deciding whether to issue or modify an order issued under this section, the court:
(1) shall consider:
(A) whether any protective orders have been issued against the applicant to protect the ward;
(B) whether a court or other state agency has found that the applicant abused, neglected, or exploited the ward; and
(C) the best interest of the ward; and
(2) may consider whether:
(A) visitation by the applicant should be limited to situations in which a third person, specified by the court, is present; or
(B) visitation should be suspended or denied.
(h) The court may, in its discretion, award the prevailing party in any action brought under this section court costs and attorney’s fees, if any. Court costs or attorney’s fees awarded under this subsection may not be paid from the ward’s estate.