pjc-family-2024-lib

G UARDIANSHIP OF A DULT

PJC 240.17

6. To manage financial matters? 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 manage his own financial affairs commensurate with the ward’s ability requires a finding that the ward has the capacity, or sufficient capacity with sup ports and services, to do specific tasks. The definition of “supports and services” is based on Tex. Est. Code § 1002.031(3), (4). The categories listed in section 1002.031(1) and (2), which pertain only to guard ianship of the person, have been omitted from the definition. The tasks listed in PJC 240.17B and PJC 240.17C are suggestions only, which are drawn from Tex. Est. Code § 1101.103(b)(1)(A), (b)(1)(B), and should be adapted to the requirements of the particular case. For example, the question about handling busi ness and managerial matters might be broken into several questions, such as capacity to make purchases, capacity to enter into contracts, and capacity to make gifts. The list of items should track the order creating 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 management of the ward’s financial affairs is sought. If restoration regarding the ward’s ability to care for himself is sought, see PJC 240.16 (restoration of capacity— the person). 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 management of the ward’s financial affairs is not in issue, omit PJC 240.17A.

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