Sec. 1202.151. EVIDENCE AND BURDEN OF PROOF AT HEARING. (a) Except as provided by Section 1202.201, at a hearing on an application filed under Section 1202.051, the court shall consider only evidence regarding the ward's mental or physical capacity at the time of the hearing that is relevant to the complete restoration of the ward's capacity or modification of the ward's guardianship, including whether:
(1) the guardianship is necessary; and
(2) specific powers or duties of the guardian should be limited if the ward receives supports and services.
(b) The party who filed the application has the burden of proof at the hearing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 684 (H.B. 2407), Sec. 2, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 17, eff. September 1, 2015.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle F - Evaluation, Modification, or Termination of Guardianship
Chapter 1202 - Modification or Termination of Guardianship
Section 1202.151. Evidence and Burden of Proof at Hearing
Section 1202.152. Physician's Letter or Certificate Required
Section 1202.153. Findings Required
Section 1202.154. General Requirements for Order
Section 1202.155. Additional Requirements for Order Restoring Ward's Capacity
Section 1202.156. Additional Requirements for Order Modifying Guardianship
Section 1202.157. Additional Requirements for Order Dismissing Application