Tex. Est. Code Section 1202.151
Evidence and Burden of Proof at Hearing

(a)

Except as provided by Section 1202.201 (Removal of Firearm Disability on Complete Restoration of Ward’s Capacity), at a hearing on an application filed under Section 1202.051 (Application Authorized), the court shall consider only evidence regarding the ward’s mental or physical capacity at the time of the hearing that is relevant to the complete restoration of the ward’s capacity or modification of the ward’s guardianship, including whether:

(1)

the guardianship is necessary; and

(2)

specific powers or duties of the guardian should be limited if the ward receives supports and services.

(b)

The party who filed the application has the burden of proof at the hearing.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 684 (H.B. 2407), Sec. 2, eff. January 1, 2014.

Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 17, eff. September 1, 2015.

Source: Section 1202.151 — Evidence and Burden of Proof at Hearing, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1202.htm#1202.151 (accessed Jun. 5, 2024).

1202.001
Term of Guardian or Guardianship 1202.002
Termination of Guardianship if Parent Is No Longer Incapacitated 1202.003
Termination of Guardianship of Estate on Establishment of Able Account by Certain Persons 1202.051
Application Authorized 1202.052
Contents of Application 1202.053
Citation Required 1202.054
Informal Request for Order by Ward 1202.055
Restriction on Subsequent Application Regarding Capacity or Modification 1202.101
Appointment of Attorney Ad Litem 1202.102
Compensation for Attorney Ad Litem and Guardian Ad Litem 1202.103
Retention and Compensation of Attorney for Ward 1202.151
Evidence and Burden of Proof at Hearing 1202.152
Letter or Certificate Required 1202.153
Findings Required 1202.154
General Requirements for Order 1202.155
Additional Requirements for Order Restoring Ward’s Capacity 1202.156
Additional Requirements for Order Modifying Guardianship 1202.157
Additional Requirements for Order Dismissing Application 1202.201
Removal of Firearm Disability on Complete Restoration of Ward’s Capacity 1202.1521
Letter or Certificate: Requirements if Alleged Incapacity Based on Intellectual Disability

Accessed:
Jun. 5, 2024

§ 1202.151’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._est._code_section_1202.151

Original Source: Section 1202.151 — Evidence and Burden of Proof at Hearing, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1202.htm#1202.151 (last accessed Jun. 5, 2024).