Texas Estates Code 1102.002 – Establishment of Probable Cause for Investigation
Terms Used In Texas Estates Code 1102.002
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - 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.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
To establish probable cause under § 1102.001, the court may require:
(1) an information letter about the person believed to be incapacitated that is submitted by an interested person and satisfies the requirements of § 1102.003; or
(2) a written letter or certificate from a physician or psychologist who has examined the person believed to be incapacitated that satisfies the requirements of § 1101.103, except that the letter must be:
(A) dated not earlier than the 120th day before the date of the appointment of a guardian ad litem or court investigator under § 1102.001; and
(B) based on an examination the physician or psychologist performed not earlier than the 120th day before that date.
Text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 939 (S.B. 1624), Sec. 8
For text of section as amended by Acts 2023, 88th Leg., R.S., Ch. 1012 (H.B. 3009), Sec. 4, see other Sec. 1102.002.
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