Texas Estates Code 1102.003 – Information Letter
(a) An interested person who submits an information letter under § 1102.002(1) about a person believed to be incapacitated must, to the best of the interested person’s knowledge:
(1) state the person’s name, address, telephone number, county of residence, and date of birth;
(2) state whether the person’s residence is a private residence, health care facility, or other type of residence;
(3) describe the relationship between the person and the interested person submitting the letter;
(4) state the names and telephone numbers of any known friends and relatives of the person;
(5) state whether a guardian of the person or estate has been appointed in this state for the person;
(6) state whether the person has executed a power of attorney and, if so, the designee’s name, address, and telephone number;
(7) describe any property of the person, including the estimated value of that property;
(8) list the amount and source of any monthly income of the person;
(9) describe the nature and degree of the person’s alleged incapacity; and
(10) state whether the person is in imminent danger of serious impairment to the person’s physical health, safety, or estate.
(b) In addition to the requirements of Subsection (a), if an information letter under that subsection is submitted by an interested person who is a family member of the person believed to be incapacitated, the information letter must:
(1) be signed and sworn to before a notary public by the interested person; or
(2) include a written declaration signed by the interested person under penalty of perjury that the information contained in the information letter is true to the best of the person’s knowledge.
Terms Used In Texas Estates Code 1102.003
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: means real and personal property. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Any information provided by the Department of Family and Protective Services under this section that is confidential under Chapter 48, Human Resources Code, remains confidential and is not subject to disclosure under Chapter 552, Government Code.