pjc-family-2024-lib

G UARDIANSHIP OF A DULT

PJC 240.7

PJC 240.7 Alternatives to Guardianship (Guardianship of the Person) If you answered “Yes” to Question ______ [ 240.5 ], then answer Question ______ [ 240.7 ]. Otherwise, do not answer Question ______ [ 240.7 ]. QUESTION ______ Do you find by clear and convincing evidence that alternatives to guardian ship available to PROPOSED WARD that would avoid the need for the appointment of a guardian of the person are not feasible? The alternatives to guardianship available to PROPOSED WARD are— [Include only the items that are relevant to the particular case. The following is an example only.] 1. The medical power of attorney dated DATE . “Clear and convincing evidence” is that measure or degree of proof that pro duces a firm belief or conviction that the allegations sought to be established are true. Answer “Yes” if they are not feasible; otherwise, answer “No.” Answer: _______________ COMMENT Source. The foregoing question is based on Tex. Est. Code § 1101.101(a)(1)(D). The phrase “are not feasible” is used in place of the phrase “have been . . . determined not to be feasible” that appears in Tex. Est. Code § 1101.101(a)(1)(D). This revised wording ensures that the jury determines the dis puted fact issue of feasibility. No question regarding whether alternatives have been considered is submitted, because such consideration is implicit in the jury’s determina tion of feasibility. Other examples of alternatives to guardianship are listed in Tex. Est. Code §1002.0015. For the definition of “clear and convincing evidence,” see In re Guard ianship of Hinrichsen , 99 S.W.3d 773 (Tex. App.—Houston [1st Dist.] 2003, no pet.). The form of submission above assumes that there is no question about the validity of the alternatives to guardianship listed. If the validity of an alternative is challenged, a question should be submitted on that issue, with the foregoing submission condi tioned on that question.

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