(a) If the results of the assessment conducted in accordance with § 597.021 indicate that a client who does not have a legal guardian or surrogate decision-maker lacks the capacity to make a treatment decision about major medical or dental treatment, psychoactive medication, or a highly restrictive procedure, the ICF-IID must file an application for a treatment decision with the department.
(b) An application must be in the form prescribed by the department, must be signed by the applicant, and must:
(1) state that the applicant has reason to believe and does believe that the client has a need for major medical or dental treatment, psychoactive medication, or a highly restrictive procedure;
(2) specify the condition proposed to be treated;
(3) provide a description of the proposed treatment, including the risks and benefits to the client of the proposed treatment;
(4) provide a description of generally accepted alternatives to the proposed treatment, including the risks and potential benefits to the client of the alternatives, and the reasons the alternatives were rejected;
(5) state the applicant’s opinion on whether the proposed treatment promotes the client’s best interest and the grounds for the opinion;
(6) state the client’s opinion about the proposed treatment, if known;
(7) provide any other information necessary to determine the client’s best interest regarding the treatment; and
(8) state that the client does not have a guardian of the person and does not have a parent, spouse, child, or other person with demonstrated interest in the care and welfare of the client who is able and willing to become the client’s guardian or surrogate decision-maker.

Terms Used In Texas Health and Safety Code 597.044

  • 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
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005