pjc-family-2024-lib

G UARDIANSHIP OF A DULT

PJC 240.9

PJC 240.9 Best Interest of Proposed Ward If you answered “Yes” to Question ______ [ 240.7 ] or Question ______ [ 240.8 ], then answer Question ______ [ 240.9 ]. Otherwise, do not answer Ques tion ______ [ 240.9 ]. QUESTION ______ Do you find by clear and convincing evidence that it is in the best interest of PROPOSED WARD for the court to appoint a guardian? “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” or “No.” Answer: _______________ COMMENT Source. The foregoing question is based on Tex. Est. Code §1101.101(a)(1)(B). For the definition of “clear and convincing evidence,” see In re Guardianship of Hinrichsen , 99 S.W.3d 773 (Tex. App.—Houston [1st Dist.] 2003, no pet.). Although the term “best interest” is not defined in the Texas Estates Code, Tex. Est. Code § 1001.001 is instructive of its meaning. Required issue. The Committee is of the opinion that there can be overlap and potential conflict between this PJC 240.9 and PJC 240.10 (protection of the person) and between this PJC 240.9 and PJC 240.11 (protection of the estate), but Tex. Est. Code § 1101.101(a)(1) requires clear and convincing findings on each.

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