pjc-family-2024-lib

PJC 240.10

G UARDIANSHIP OF A DULT

PJC 240.10 Protection of the Person If you answered “Yes” to Question ______ [ 240.7 ] and you also answered “Yes” to Question ______ [ 240.9 ], then answer Question ______ [ 240.10 ]. Otherwise, do not answer Question ______ [ 240.10 ]. QUESTION ______ Do you find by clear and convincing evidence that the rights of PROPOSED WARD will be protected by the appointment of 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)(C). 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.). When to use. The foregoing submission is appropriate when the proposed ward’s capacity to care for himself is in issue. For cases in which the proposed ward’s capac ity to manage his property is in issue, see PJC 240.11 (protection of the estate). In an appropriate case, both PJC 240.10 and PJC 240.11 should be submitted. The Committee is of the opinion that there can be overlap and potential conflict between PJC 240.9 (best interest of proposed ward) and this PJC 240.10, but Tex. Est. Code § 1101.101(a)(1) requires clear and convincing findings on each.

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