§ 1163.101 — ANNUAL REPORT REQUIRED.

Texas § 1163.101

• Jurisdiction: Texas
• Code ES: Estates Code

Text

Sec. 1163.101. ANNUAL REPORT REQUIRED. (a) Once each year for the duration of the guardianship, a guardian of the person shall file with the court a report that contains the information required by this section.
(b) The guardian of the person shall file a sworn, written report that shows each receipt and disbursement for:
(1) the support and maintenance of the ward;
(2) when necessary, the education of the ward; and
(3) when authorized by court order, the support and maintenance of the ward's dependents.
(c) The guardian of the person shall file a sworn affidavit that contains:
(1) the guardian's current name, address, and telephone number;
(2) the ward's date of birth and current name, address, telephone number, and age;
(3) a description of the type of home in which the ward resides, which shall be described as:
(A) the ward's own home;
(B) a nursing home;
(C) a guardian's home;
(D) a foster home;
(E) a boarding home;
(F) a relative's home, in which case the description must specify the relative's relationship to the ward;
(G) a hospital or medical facility; or
(H) another type of residence;
(4) statements indicating:
(A) the length of time the ward has resided in the present home;
(B) the reason for a change in the ward's residence, if a change in the ward's residence has occurred in the past year;
(C) the date the guardian most recently saw the ward;
(D) how frequently the guardian has seen the ward in the past year;
(E) whether the guardian has possession or control of the ward's estate;
(F) whether the ward's mental health has improved, deteriorated, or remained unchanged during the past year, including a description of the change if a change has occurred;
(G) whether the ward's physical health has improved, deteriorated, or remained unchanged during the past year, including a description of the change if a change has occurred;
(H) whether the ward has regular medical care;
(I) the ward's treatment or evaluation by any of the following persons during the past year, including the person's name and a description of the treatment:
(i) a physician;
(ii) a psychiatrist, psychologist, or other mental health care provider;
(iii) a dentist;
(iv) a social or other caseworker; or
(v) any other individual who provided treatment; and
(J) supports and services the ward has received or is currently receiving, as described by Subsection (d);
(5) a description of the ward's activities during the past year, including recreational, educational, social, and occupational activities, or a statement that no activities were available or that the ward was unable or refused to participate in activities;
(6) the guardian's evaluation of:
(A) the ward's living arrangements as excellent, average, or below average, including an explanation if the conditions are below average;
(B) whether the ward is content or unhappy with the ward's living arrangements; and
(C) unmet needs of the ward;
(7) a statement indicating whether the guardian's power should be increased, decreased, or unaltered, including an explanation if a change is recommended;
(8) a statement indicating that the guardian has paid the bond premium for the next reporting period;
(9) if the guardian is a private professional guardian, a guardianship program, or the Health and Human Services Commission, whether the guardian or an individual certified under Subchapter C , Chapter 155 , Government Code, who is providing guardianship services to the ward and who is filing the affidavit on the guardian's behalf, is or has been the subject of an investigation conducted by the Judicial Branch Certification Commission during the preceding year; and
(10) any additional information the guardian desires to share with the court regarding the ward, including:
(A) whether the guardian has filed for emergency detention of the ward under Subchapter A , Chapter 573 , Health and Safety Code; and
(B) if applicable, the number of times the guardian has filed for emergency detention and the dates of the applications for emergency detention.
(d) The statements in the sworn affidavit regarding the ward's supports and services under Subsection (c)(4)(J) must include:
(1) information regarding actions the guardian is taking to encourage the development of the ward's maximum self-reliance and independence;
(2) a list of all the supports and services the ward is currently receiving, including whether the ward:
(A) has a representative payee;
(B) receives services from a local mental health authority or local intellectual and developmental disability authority;
(C) receives any supports and services under Medicaid, including under a Medicaid waiver program authorized under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n); and
(D) receives any supports and services informally;
(3) where the ward receives the supports and services described by Subdivision (2);
(4) who provides the supports and services described by Subdivision (2);
(5) a list of the supports and services the ward previously received or attempted to receive and why the support or service was discontinued or not received; and
(6) the guardian's opinion on whether the ward has the capacity or sufficient capacity with supports and services for complete restoration of the ward's capacity or modification of the guardianship under Chapter 1202 or the reasons why the ward does not have the capacity or sufficient capacity with supports and services for complete restoration of the ward's capacity or modification of the guardianship under Chapter 1202 .

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. 22, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438 ), Sec. 19, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626 ), Sec. 54, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624 ), Sec. 10, eff. September 1, 2023.