Texas Statutes (Last Updated: January 4, 2014) |
HEALTH AND SAFETY CODE |
Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
Subtitle E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND MENTAL RETARDATION |
Chapter 613. KIDNEY DONATION BY WARD WITH MENTAL RETARDATION |
Sec. 613.004. COURT HEARING
Latest version.
-
(a) The court shall hold a hearing on the petition filed under Section 613.003.
(b) A party to the proceeding is entitled on request to a preferential setting for the hearing.
(c) The court shall appoint an attorney ad litem and a guardian ad litem to represent the interest of the ward with mental retardation. Neither person appointed may be related to the ward within the second degree by consanguinity.
(d) The hearing must be adversary in order to secure a complete record, and the attorney ad litem shall advocate the ward's interest, if any, in not being a donor.
(e) The petitioner has the burden of establishing good cause for the kidney donation by establishing the prerequisites prescribed by Section 613.002.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.