Texas Estates Code 1151.056 – Guardian’s Duty to Inform Certain Relatives About Ward’s Health and Residence
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(a) This section applies only with respect to a relative described under Sections 1101.001(b)(13)(A)-(D):
(1) against whom a protective order has not been issued to protect the ward;
(2) who has not been found by a court or other state agency to have abused, neglected, or exploited the ward; and
(3) who has elected in writing to receive the notice about a ward under this section.
(b) Except as provided by Subsection (e), the guardian of an adult ward shall as soon as practicable inform relatives if:
(1) the ward dies;
(2) the ward is admitted to a medical facility for acute care for a period of three days or more;
(3) the ward’s residence has changed; or
(4) the ward is staying at a location other than the ward’s residence for a period that exceeds one calendar week.
Terms Used In Texas Estates Code 1151.056
- 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 - 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
- Week: means seven consecutive days. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) In the case of the ward’s death, the guardian shall inform relatives of any funeral arrangements and the location of the ward’s final resting place.
(d) A relative entitled to notice about a ward under this section may elect to not receive the notice by providing a written request to that effect to the guardian. A guardian shall file any written request received by the guardian under this subsection with the court.
(e) On motion filed with the court showing good cause and after a relative is provided an opportunity to present evidence to the court under Subsection (f), the court, subject to Subsection (g), may relieve the guardian of the duty to provide notice about a ward to a relative under this section.
(f) A copy of the motion required under Subsection (e) shall be provided to the relative specifically named in the motion unless the guardian was unable to locate the relative after making reasonable efforts to discover and locate the relative. The relative provided notice under this subsection may file evidence with the court in response to the motion, and the court shall consider that evidence before making a decision on the motion.
(g) In considering a motion under Subsection (e), the court shall relieve the guardian of the duty to provide notice about a ward to a relative under this section if the court finds that:
(1) the motion includes a written request from a relative electing to not receive the notice;
(2) the guardian was unable to locate the relative after making reasonable efforts to discover and locate the relative;
(3) the guardian was able to locate the relative, but was unable to establish communication with the relative after making reasonable efforts to establish communication; or
(4) notice is not in the best interest of the ward.
(h) Unless the guardian knows the information is not correct, a guardian of a ward shall rely on the contact information contained in the affidavit required by § 1101.003 to provide notice about the ward to a relative of the ward under this section.