§ 1101.104 — EXAMINATIONS AND DOCUMENTATION REGARDING INTELLECTUAL DISABILITY.

Texas § 1101.104

• Jurisdiction: Texas
• Code ES: Estates Code

Text

Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606 ), Sec. 1
For text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009 ), Sec. 3, see other Sec. 1101.104.
Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING INTELLECTUAL DISABILITY. (a) If an intellectual disability 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 a written letter or certificate that:
(1) complies with Sections 1101.103 (a) and (b); or
(2) shows that not earlier than 24 months before the hearing date:
(A) the proposed ward has been examined by a physician or psychologist licensed in this state or certified by the Health and Human Services Commission to perform the examination, in accordance with rules of the executive commissioner of the commission governing examinations of that kind, and the physician's or psychologist's written findings and recommendations include a determination of an intellectual disability; or
(B) a physician or psychologist licensed in this state or certified by the Health and Human Services Commission to perform examinations described by Paragraph (A) updated or endorsed in writing a prior determination of an intellectual disability for the proposed ward made by a physician or psychologist licensed in this state or certified by the commission.
(b) A physician or psychologist described by Subsection (a)(2)(A) must preferably have experience examining individuals with an intellectual disability. For purposes of this subsection, a physician or psychologist is considered to have experience examining individuals with an intellectual disability if the physician or psychologist has an established patient-provider relationship with the proposed ward.
Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009 ), Sec. 3
For text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606 ), Sec. 1, see other Sec. 1101.104.
Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING INTELLECTUAL DISABILITY. (a) If an intellectual disability 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 a written letter or certificate that:
(1) complies with Sections 1101.103 (a) and (b); or
(2) shows that not earlier than 24 months before the hearing date:
(A) the proposed ward has been examined by a physician or advanced practice registered nurse or by a psychologist licensed in this state or certified by the Health and Human Services Commission to perform the examination, in accordance with rules of the executive commissioner of the commission governing examinations of that kind, and the written findings and recommendations include a determination of an intellectual disability; or
(B) a physician or advanced practice registered nurse or a psychologist licensed in this state or certified by the Health and Human Services Commission to perform examinations described by Paragraph (A) updated or endorsed in writing a prior determination of an intellectual disability for the proposed ward made by a physician or by a psychologist licensed in this state or certified by the commission.
(a-1) For purposes of Subsection (a), a letter or certificate based on an examination by an advanced practice registered nurse must be signed by the supervising physician.
(b) For purposes of Subsection (a)(2)(B), the determination of an advanced practice registered nurse that is based on an examination of a proposed ward conducted by the advanced practice registered nurse under delegation from and supervision by a physician and is signed by the supervising physician is considered the supervising physician's determination.

Legislative History

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. 780 (S.B. 1235 ), Sec. 2, eff. January 1, 2014. Acts 2023, 88th Leg., R.S., Ch. 938 (S.B. 1606 ), Sec. 1, eff. September 1, 2023. 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. 780 (S.B. 1235 ), Sec. 2, eff. January 1, 2014. Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009 ), Sec. 3, eff. September 1, 2023.