Texas § 1101.152 ORDER APPOINTING GUARDIAN WITH LIMITED AUTHORITY.

Texas Statutes

§ 1101.152 — ORDER APPOINTING GUARDIAN WITH LIMITED AUTHORITY.

Texas·Code ES Estates Code

Sec. 1101.152. ORDER APPOINTING GUARDIAN WITH LIMITED AUTHORITY.

(a)If it is found that the proposed ward lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or to manage his or her property with or without supports and services, the court may appoint a guardian with limited powers and permit the proposed ward to care for himself or herself, including making personal decisions regarding residence, or to manage his or her property commensurate with the proposed ward's ability.

(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)the specific powers, limitations, or duties of the guardian with respect to the person's care or the management of th

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Sec. 1101.152. ORDER APPOINTING GUARDIAN WITH LIMITED AUTHORITY. (a) If it is found that the proposed ward lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or to manage his or her property with or without supports and services, the court may appoint a guardian with limited powers and permit the proposed ward to care for himself or herself, including making personal decisions regarding residence, or to manage his or her property commensurate with the proposed ward's ability.
(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) the specific powers, limitations, or duties of the guardian with respect to the person's care or the management of the person's property by the guardian;
(2-a) the specific rights and powers retained by the person:
(A) with the necessity for supports and services; and
(B) without the necessity for supports and services;
(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 ; and
(4) whether the person is incapacitated because of a mental condition and, if so, whether the person:
(A) retains the right to make personal decisions regarding residence or vote in a public election; or
(B) maintains eligibility to hold or obtain a license to operate a motor vehicle under Chapter 521 , Transportation Code.
(c) An order appointing a guardian under this section that includes the right of the guardian to have physical possession of the ward or to establish the ward's legal domicile as specified in Section 1151.051 (c)(1) must also contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined:
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE RIGHT OF A GUARDIAN OF THE PERSON OF A WARD TO HAVE PHYSICAL POSSESSION OF THE WARD OR TO ESTABLISH THE WARD'S LEGAL DOMICILE AS SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CIVIL OR OTHER CLAIM REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THIS ORDER THAT RELATE TO THE ABOVE-MENTIONED RIGHTS OF THE COURT-APPOINTED GUARDIAN OF THE PERSON OF THE WARD. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000."

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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. 982 (H.B. 2080 ), Sec. 10, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39 ), Sec. 11, eff. September 1, 2015.