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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 D. COURT ACTION |
Sec. 1101.151. ORDER APPOINTING GUARDIAN WITH FULL AUTHORITY
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(a) If it is found that the proposed ward is totally without capacity to care for himself or herself, manage his or her property, operate a motor vehicle, and vote in a public election, the court may appoint a guardian of the proposed ward's person or estate, or both, with full authority over the incapacitated person except as provided by law.
(b) An order appointing a guardian under this section must contain findings of fact and specify:
(1) the information required by Section 1101.153(a);
(2) that the guardian has full authority over the incapacitated person;
(3) if necessary, the amount of funds from the corpus of the person's estate the court will allow the guardian to spend for the education and maintenance of the person under Subchapter A, Chapter 1156;
(4) whether the person is totally incapacitated because of a mental condition; and
(5) that the person does not have the capacity to operate a motor vehicle and to vote in a public election.