Texas Estates Code 1054.004 – Duties
(a) An attorney ad litem appointed under Section 1054.001 shall interview the proposed ward within a reasonable time before the hearing in the proceeding for the appointment of a guardian. To the greatest extent possible, the attorney shall discuss with the proposed ward:
(1) the law and facts of the case;
(2) the proposed ward’s legal options regarding disposition of the case;
(3) the grounds on which guardianship is sought; and
(4) whether alternatives to guardianship would meet the needs of the proposed ward and avoid the need for the appointment of a guardian.
(b) Before the hearing, the attorney ad litem shall review:
(1) the application for guardianship;
(2) certificates of current physical, medical, and intellectual examinations; and
(3) all of the proposed ward’s relevant medical, psychological, and intellectual testing records.
Terms Used In Texas Estates Code 1054.004
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) Before the hearing, the attorney ad litem shall discuss with the proposed ward the attorney ad litem’s opinion regarding:
(1) whether a guardianship is necessary for the proposed ward; and
(2) if a guardianship is necessary, the specific powers or duties of the guardian that should be limited if the proposed ward receives supports and services.
Texas Estates Code 1054.004 – Duties
(a) An attorney ad litem appointed under Section 1054.001 shall interview the proposed ward within a reasonable time before the hearing in the proceeding for the appointment of a guardian. To the greatest extent possible, the attorney shall discuss with the proposed ward:
(1) the law and facts of the case;
(2) the proposed ward’s legal options regarding disposition of the case;
(3) the grounds on which guardianship is sought; and
(4) whether alternatives to guardianship would meet the needs of the proposed ward and avoid the need for the appointment of a guardian.
(b) Before the hearing, the attorney ad litem shall review:
(1) the application for guardianship;
(2) certificates of current physical, medical, and intellectual examinations; and
(3) all of the proposed ward’s relevant medical, psychological, and intellectual testing records.
Terms Used In Texas Estates Code 1054.004
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) Before the hearing, the attorney ad litem shall discuss with the proposed ward the attorney ad litem’s opinion regarding:
(1) whether a guardianship is necessary for the proposed ward; and
(2) if a guardianship is necessary, the specific powers or duties of the guardian that should be limited if the proposed ward receives supports and services.