pjc-family-2024-lib

PJC 240.16

G UARDIANSHIP OF A DULT

Answer: _______________ 5. To provide food, clothing, and shelter for himself ? Answer: _______________ 6. To consent to medical, dental, psychological, or psychiatric treat ment? Answer: _______________ COMMENT Source. The foregoing submission is based on Tex. Est. Code § 1202.051(1), (3). An order under section 1202.051(3) limiting the powers or duties of the guardian and permitting the ward to care for himself commensurate with the ward’s ability requires a finding that the ward has the capacity, or sufficient capacity with supports and ser vices, to do specific tasks. The definition of “supports and services” is based on Tex. Est. Code § 1002.031(1), (2), (4). The category listed in section 1002.031(3), which pertains only to guardian ship of the estate, has been omitted from the definition. The tasks listed in PJC 240.16B and PJC 240.16C are suggestions only, several of which are drawn from Tex. Est. Code § 1101.103(b)(1)(C)–(E), and should be adapted to the requirements of the particular case. The list of items should track the order cre ating the guardianship and should be tailored for each restoration unless the original finding was one of total incapacity. When to use. The foregoing submission is appropriate when restoration regard ing the ward’s ability to care for himself is sought. If restoration regarding manage ment of the ward’s financial affairs is sought, see PJC 240.17 (restoration of capacity—the estate). If modification of a guardianship is sought to grant additional powers or duties to the guardian rather than to limit such powers or duties, see PJC 240.18 (modification of guardianship (comment)). Restoration of right to drive, right to make personal decisions regarding resi dence, and right to vote. If the ward is seeking complete restoration, questions regarding whether the ward can safely operate a motor vehicle, make personal deci sions regarding residence, or vote in a public election should also be submitted if those rights are in issue. If complete restoration not in issue. If complete restoration of capacity regard ing the ward’s ability to care for himself is not in issue, omit PJC 240.16A.

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