(a) Except as provided by § 1202.201, at a hearing on an application filed under § 1202.051, the court shall consider only evidence regarding the ward‘s mental or physical capacity at the time of the hearing that is relevant to the complete restoration of the ward’s capacity or modification of the ward’s guardianship, including whether:
(1) the guardianship is necessary; and
(2) specific powers or duties of the guardian should be limited if the ward receives supports and services.
(b) The party who filed the application has the burden of proof at the hearing.

Terms Used In Texas Estates Code 1202.151

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