Texas Estates Code 1151.051 – General Powers and Duties of Guardians of the Person
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(a) The guardian of the person of a ward is entitled to take charge of the person of the ward.
(b) The duties of the guardian of the person correspond with the rights of the guardian.
Terms Used In Texas Estates Code 1151.051
- 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
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A guardian of the person has:
(1) the right to have physical possession of the ward and to establish the ward’s legal domicile;
(2) the duty to provide care, supervision, and protection for the ward;
(3) the duty to provide the ward with clothing, food, medical care, and shelter;
(4) the power to consent to medical, psychiatric, and surgical treatment other than the inpatient psychiatric commitment of the ward;
(5) on application to and order of the court, the power to establish a trust in accordance with 42 U.S.C. § 1396p(d)(4)(B) and direct that the income of the ward as defined by that section be paid directly to the trust, solely for the purpose of the ward’s eligibility for medical assistance under Chapter 32, Human Resources Code; and
(6) the power to sign documents necessary or appropriate to facilitate employment of the ward if:
(A) the guardian was appointed with full authority over the person of the ward under § 1101.151; or
(B) the power is specified in the court order appointing the guardian with limited powers over the person of the ward under § 1101.152.
(d) Notwithstanding Subsection (c)(4), a guardian of the person of a ward has the power to personally transport the ward or to direct the ward’s transport by emergency medical services or other means to an inpatient mental health facility for a preliminary examination in accordance with Subchapters A and C, Chapter 573, Health and Safety Code. The guardian shall immediately provide written notice to the court that granted the guardianship as required by § 573.004, Health and Safety Code, of the filing of an application under that section.
(e) Notwithstanding Subsection (c)(1) and except in cases of emergency, a guardian of the person of a ward may only place the ward in a more restrictive care facility if the guardian provides notice of the proposed placement to the court, the ward, and any person who has requested notice and after:
(1) the court orders the placement at a hearing on the matter, if the ward or another person objects to the proposed placement before the eighth business day after the person’s receipt of the notice; or
(2) the seventh business day after the court’s receipt of the notice, if the court does not schedule a hearing, on its own motion, on the proposed placement before that day.