Texas Estates Code 1202.156 – Additional Requirements for Order Modifying Guardianship
Terms Used In Texas Estates Code 1202.156
- 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.
- Property: means real and personal property. See Texas Government Code 311.005
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
If the court finds that a guardian‘s powers or duties should be expanded or limited, the order modifying the guardianship must contain findings of fact and specify, in addition to the information required by § 1202.154:
(1) the specific powers, limitations, or duties of the guardian with respect to the care of the ward or the management of the ward’s property, as appropriate;
(2) the specific areas of protection and assistance to be provided to the ward;
(3) any limitation of the ward’s rights;
(4) if the ward’s incapacity resulted from a mental condition, whether the ward retains the right to vote and make personal decisions regarding residence; and
(5) that the clerk shall modify the letters of guardianship to the extent applicable to conform to the order.