Tex.
Est. Code Section 1101.152
Order Appointing Guardian with Limited Authority
(a)
If it is found that the proposed ward lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or to manage his or her property with or without supports and services, the court may appoint a guardian with limited powers and permit the proposed ward to care for himself or herself, including making personal decisions regarding residence, or to manage his or her property commensurate with the proposed ward’s ability.(b)
An order appointing a guardian under this section must contain findings of fact and specify:(1)
the information required by Section 1101.153 (General Contents of Order Appointing Guardian)(a);(2)
the specific powers, limitations, or duties of the guardian with respect to the person’s care or the management of the person’s property by the guardian;(2-a)
the specific rights and powers retained by the person:(A)
with the necessity for supports and services; and(B)
without the necessity for supports and services;(3)
if necessary, the amount of funds from the corpus of the person’s estate the court will allow the guardian to spend for the education and maintenance of the person under Subchapter A (Application for Allowance), Chapter 1156 (Education and Maintenance Allowances Paid from Ward’s Estate); and(4)
whether the person is incapacitated because of a mental condition and, if so, whether the person:(A)
retains the right to make personal decisions regarding residence or vote in a public election; or(B)
maintains eligibility to hold or obtain a license to operate a motor vehicle under Chapter 521 (Driver’s Licenses and Certificates), Transportation Code.(c)
An order appointing a guardian under this section that includes the right of the guardian to have physical possession of the ward or to establish the ward’s legal domicile as specified in Section 1151.051 (General Powers and Duties of Guardians of the Person)(c)(1) must also contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined:
Source:
Section 1101.152 — Order Appointing Guardian with Limited Authority, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1101.htm#1101.152 (accessed Apr. 20, 2024).
