pjc-family-2024-lib

PJC 240.18

G UARDIANSHIP OF A DULT

PJC 240.18 Modification of Guardianship (Comment) A guardianship may be modified to grant additional powers or duties to the guard ian. Tex. Est. Code § 1202.051(2). Unlike an order under section 1202.051(3) limiting the powers or duties of the guardian, an order under section 1202.051(2) requires a finding that the ward lacks the capacity to do some or all of the tasks in issue. Thus, the questions in PJC 240.16 (restoration of capacity—the person) and PJC 240.17 (res toration of capacity—the estate) are inappropriate for submitting such a modification of the guardianship. For modification of a guardianship of the person to grant additional powers or duties to the guardian, the questions in PJC 240.3 (lack of capacity to care for self (guardianship of the person)) may be submitted. If total incapacity of the ward to care for himself is not in issue, only the questions in PJC 240.3B and PJC 240.3C (lack of capacity to care for self (guardianship of the person)—partial) should be submitted. For modification of a guardianship of the estate to grant additional powers or duties to the guardian, the questions in PJC 240.4 (lack of capacity to manage property (guardianship of the estate)) may be submitted. If total incapacity of the ward to man age his property is not in issue, only the questions in PJC 240.4B and PJC 240.4C (lack of capacity to manage property (guardianship of the estate)—partial) should be submitted.

[PJC 240.19 is reserved for expansion.]

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