Texas Family Code 263.603 – Extended Jurisdiction to Determine Guardianship
(a) Notwithstanding § 263.6021, if the court believes that a young adult may be incapacitated as defined by § 1002.017(2), Estates Code, the court may extend its jurisdiction on its own motion without the young adult’s consent to allow the department to refer the young adult to the Department of Aging and Disability Services for guardianship services as required by § 48.209, Human Resources Code.
(b) The extended jurisdiction of the court under this section terminates on the earliest of the date:
(1) the Department of Aging and Disability Services determines a guardianship is not appropriate under Chapter 161, Human Resources Code;
(2) a court with probate jurisdiction denies the application to appoint a guardian; or
(3) a guardian is appointed and qualifies under the Estates Code.
Terms Used In Texas Family Code 263.603
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If the Department of Aging and Disability Services determines a guardianship is not appropriate, or the court with probate jurisdiction denies the application to appoint a guardian, the court under Subsection (a) may continue to extend its jurisdiction over the young adult only as provided by § 263.602 or 263.6021.
(d) Notwithstanding any other provision of this subchapter, a young adult for whom a guardian is appointed and qualifies is not considered to be in extended foster care or trial independence and the court’s jurisdiction ends on the date the guardian for the young adult is appointed and qualifies unless the guardian requests the extended jurisdiction of the court under § 263.604.