Texas Estates Code 1202.153 – Findings Required
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(a) Before ordering the settlement and closing of a guardianship under an application filed under § 1202.051, the court must find by a preponderance of the evidence that the ward is no longer partially or fully incapacitated.
(b) Before granting additional powers to the guardian or requiring the guardian to perform additional duties under an application filed under § 1202.051, the court must find by a preponderance of the evidence that the current nature and degree of the ward’s incapacity warrants a modification of the guardianship and that some or all of the ward’s rights need to be further restricted.
Terms Used In Texas Estates Code 1202.153
- 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.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) Before limiting the powers granted to or duties required to be performed by the guardian under an application filed under § 1202.051, the court must find by a preponderance of the evidence that the current nature and degree of the ward’s incapacity, with or without supports and services, warrants a modification of the guardianship and that some of the ward’s rights need to be restored, with or without supports and services.