Tex.
Est. Code Section 1102.002
Establishment of Probable Cause for Investigation
(1)
an information letter about the person believed to be incapacitated that is submitted by an interested person and satisfies the requirements of Section 1102.003 (Information Letter); or(2)
a written letter or certificate from a physician or psychologist who has examined the person believed to be incapacitated that satisfies the requirements of Section 1101.103 (Determination of Incapacity of Certain Adults: Physician or Psychologist Examination), except that the letter must be:(A)
dated not earlier than the 120th day before the date of the appointment of a guardian ad litem or court investigator under Section 1102.001 (Court-initiated Investigation); and(B)
based on an examination the physician or psychologist performed not earlier than the 120th day before that date.(1)
“Advanced practice registered nurse” has the meaning assigned by Section 301.152 (Rules Regarding Specialized Training), Occupations Code.(2)
“Physician” has the meaning assigned by Section 1101.100 (Definitions).(b)
An advanced practice registered nurse may act under this section only if the advanced practice registered nurse is acting under a physician’s delegation authority and supervision in accordance with Chapter 157 (Authority of Physician to Delegate Certain Medical Acts), Occupations Code.(c)
To establish probable cause under Section 1102.001 (Court-initiated Investigation), the court may require:(1)
an information letter about the person believed to be incapacitated that is submitted by an interested person and satisfies the requirements of Section 1102.003 (Information Letter); or(2)
a written letter or certificate from a physician or advanced practice registered nurse who has examined the person believed to be incapacitated that satisfies the requirements of Section 1101.103 (Determination of Incapacity of Certain Adults: Physician or Psychologist Examination), except that the letter must be:(A)
dated not earlier than the 120th day before the date of the appointment of a guardian ad litem or court investigator under Section 1102.001 (Court-initiated Investigation); and(B)
based on an examination the physician or advanced practice registered nurse performed not earlier than the 120th day before that date.(d)
For purposes of Subsection (c)(2), a letter or certificate based on an examination by an advanced practice registered nurse must be signed by the supervising physician. The opinion of an advanced practice registered nurse that is based on an examination of a proposed ward conducted by the advanced practice registered nurse under delegation from and supervision by a physician and signed by the supervising physician is considered the supervising physician’s opinion.
Source:
Section 1102.002 — Establishment of Probable Cause for Investigation, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1102.htm#1102.002 (accessed Jun. 5, 2024).
