Texas Health and Safety Code 573.003 – Transportation for Emergency Detention by Guardian
(a) A guardian of the person of a ward who is 18 years of age or older, without the assistance of a peace officer, may transport the ward to an inpatient mental health facility for a preliminary examination in accordance with § 573.021 if the guardian has reason to believe and does believe that:
(1) the ward is a person with mental illness; and
(2) because of that mental illness there is a substantial risk of serious harm to the ward or to others unless the ward is immediately restrained.
(b) A substantial risk of serious harm to the ward or others under Subsection (a)(2) may be demonstrated by:
(1) the ward’s behavior; or
(2) evidence of severe emotional distress and deterioration in the ward’s mental condition to the extent that the ward cannot remain at liberty.
Terms Used In Texas Health and Safety Code 573.003
- 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 corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005