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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 3. GUARDIANSHIP AND RELATED PROCEDURES |
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Subtitle D. CREATION OF GUARDIANSHIP |
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Chapter 1101. GENERAL PROCEDURE TO APPOINT GUARDIAN |
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Subchapter B. HEARING; JURY TRIAL |
Sec. 1101.053. PROVISION OF RECORDS REQUIRED; USE OF RECORDS
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(a) Before a hearing may be held for the appointment of a guardian, current and relevant medical, psychological, and intellectual testing records of the proposed ward must be provided to the attorney ad litem appointed to represent the proposed ward unless:
(1) the proposed ward is a minor or a person who must have a guardian appointed to receive funds due the person from any governmental source; or
(2) the court makes a finding on the record that:
(A) current or relevant records do not exist; and
(B) examining the proposed ward for the purpose of creating the records is impractical.
(b) Current medical, psychological, and intellectual testing records are a sufficient basis for a determination of guardianship.
(c) The findings and recommendations contained in the medical, psychological, and intellectual testing records are not binding on the court.