Texas Health and Safety Code 597.048 – Review of Application
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(a) The committee shall review the application at the time, place, and date provided in the notice under § 597.045.
(b) A person notified under § 597.045 is entitled to be present and to present evidence personally or through a representative.
Terms Used In Texas Health and Safety Code 597.048
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) The committee may take testimony or review evidence from any person who might assist the committee in determining a client’s best interest.
(d) Formal rules of evidence do not apply to committee proceedings.
(e) If practicable, the committee shall interview and observe the client before making a determination of the client’s best interest, and in those cases when a client is not interviewed, the reason must be documented in the committee’s record.
(f) At any time before the committee makes its determination of a client’s best interest under § 597.049, the committee chair may suspend the review of the application for not more than five days if any person applies for appointment as the client’s guardian of the person in accordance with the Estates Code.