Texas Estates Code 1201.053 – Method of Determination
(a) In reviewing a guardianship under § 1201.052, a statutory probate court shall review any:
(1) report prepared by:
(A) a court investigator under § 1054.153 or 1202.054;
(B) a guardian ad litem under § 1202.054; or
(C) a court visitor under § 1054.104;
(2) annual account prepared under Subchapter A, Chapter 1163; and
(3) report prepared under Subchapter C, Chapter 1163.
(a-1) Unless a court orders that a report be completed more frequently, if a report described by Subsection (a)(1) is required under § 1054.153 or 1054.104, the court investigator or court visitor, as appropriate, shall prepare an additional report described by Subsection (a)(1) every three years beginning on the date the original letters of guardianship are issued.
Terms Used In Texas Estates Code 1201.053
- 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Statutory probate court: means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code. See Texas Estates Code 22.007
- 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
(a-2) Before preparing an additional report under Subsection (a-1), the court investigator or court visitor, as appropriate, shall:
(1) meet with the ward in person, using necessary and appropriate communication supports;
(2) present the bill of rights for wards under § 1151.351 to the ward in the ward’s preferred language and manner of communication;
(3) document the ward’s statement of guardianship, as described by Subsection (a-3); and
(4) document the supports and services currently available to the ward and whether the guardian’s rights and powers can be limited because a less restrictive alternative to guardianship is appropriate.
(a-3) The ward’s statement of guardianship:
(1) must include:
(A) whether the ward desires a full restoration of the ward’s capacity or modification of the ward’s guardianship; and
(B) any other information the ward wishes to share with the court; and
(2) may be in the form of:
(A) a written statement made by the ward and filed with the court by the court investigator or court visitor preparing the report;
(B) a verbal statement made to the court investigator or court visitor, as applicable, that is documented in writing and filed with the court by the person receiving the statement; or
(C) a verbal or written statement made by the ward during a hearing either in person or remotely through other means.
(b) A court that is not a statutory probate court:
(1) shall review:
(A) any account prepared under Subchapter A, Chapter 1163; and
(B) any report prepared under Subchapter C, Chapter 1163 or Subsection (a-1); and
(2) may use any other method to review a guardianship under § 1201.052 that is determined appropriate by the court according to the court’s caseload and available resources.