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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 C. DETERMINATION OF NECESSITY OF GUARDIANSHIP; FINDINGS AND PROOF |
Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING MENTAL RETARDATION
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If mental retardation is the basis of the proposed ward's alleged incapacity, the court may not grant an application to create a guardianship for the proposed ward unless the applicant presents to the court:
(1) a written letter or certificate that:
(A) complies with Sections 1101.103(a) and (b); and
(B) states that the physician has made a determination of mental retardation in accordance with Section 593.005, Health and Safety Code; or
(2) both:
(A) written documentation showing that, not earlier than 24 months before the hearing date, the proposed ward has been examined by a physician or psychologist licensed in this state or certified by the Department of Aging and Disability Services to perform the examination, in accordance with rules of the executive commissioner of the Health and Human Services Commission governing examinations of that kind; and
(B) the physician's or psychologist's written findings and recommendations, including a statement as to whether the physician or psychologist has made a determination of mental retardation in accordance with Section 593.005, Health and Safety Code.