Tex.
Est. Code Section 1201.053
Method of Determination
(a)
In reviewing a guardianship under Section 1201.052 (Annual Determination; Hearing), a statutory probate court shall review any:(1)
report prepared by:(A)
a court investigator under Section 1054.153 (Investigation Report) or 1202.054 (Informal Request for Order by Ward; Investigation and Report);(B)
a guardian ad litem under Section 1202.054 (Informal Request for Order by Ward; Investigation and Report); or(C)
a court visitor under Section 1054.104 (Evaluation Report);(2)
annual account prepared under Subchapter A (Initial Annual Account of Estate), Chapter 1163 (Annual Account and Other Exhibits and Reports); and(3)
report prepared under Subchapter C (Annual Report Required), Chapter 1163 (Annual Account and Other Exhibits and Reports).(a-1)
Unless a court orders that a report be completed more frequently, if a report described by Subsection (a)(1) is required under Section 1054.153 (Investigation Report) or 1054.104 (Evaluation Report), the court investigator or court visitor, as appropriate, shall prepare an additional report described by Subsection (a)(1) every three years beginning on the date the original letters of guardianship are issued.(a-2)
Before preparing an additional report under Subsection (a-1), the court investigator or court visitor, as appropriate, shall:(1)
meet with the ward in person, using necessary and appropriate communication supports;(2)
present the bill of rights for wards under Section 1151.351 (Bill of Rights for Wards) to the ward in the ward’s preferred language and manner of communication;(3)
document the ward’s statement of guardianship, as described by Subsection (a-3); and(4)
document the supports and services currently available to the ward and whether the guardian’s rights and powers can be limited because a less restrictive alternative to guardianship is appropriate.(a-3)
The ward’s statement of guardianship:(1)
must include:(A)
whether the ward desires a full restoration of the ward’s capacity or modification of the ward’s guardianship; and(B)
any other information the ward wishes to share with the court; and(2)
may be in the form of:(A)
a written statement made by the ward and filed with the court by the court investigator or court visitor preparing the report;(B)
a verbal statement made to the court investigator or court visitor, as applicable, that is documented in writing and filed with the court by the person receiving the statement; or(C)
a verbal or written statement made by the ward during a hearing either in person or remotely through other means.(b)
A court that is not a statutory probate court:(1)
shall review:(A)
any account prepared under Subchapter A (Initial Annual Account of Estate), Chapter 1163 (Annual Account and Other Exhibits and Reports); and(B)
any report prepared under Subchapter C (Annual Report Required), Chapter 1163 (Annual Account and Other Exhibits and Reports) or Subsection (a-1); and(2)
may use any other method to review a guardianship under Section 1201.052 (Annual Determination; Hearing) that is determined appropriate by the court according to the court’s caseload and available resources.
Source:
Section 1201.053 — Method of Determination, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1201.htm#1201.053 (accessed May 18, 2024).
