Sec. 1202.153. FINDINGS REQUIRED. (a) Before ordering the settlement and closing of a guardianship under an application filed under Section 1202.051, the court must find by a preponderance of the evidence that the ward is no longer partially or fully incapacitated.
(b) Before granting additional powers to the guardian or requiring the guardian to perform additional duties under an application filed under Section 1202.051, the court must find by a preponderance of the evidence that the current nature and degree of the ward's incapacity warrants a modification of the guardianship and that some or all of the ward's rights need to be further restricted.
(c) Before limiting the powers granted to or duties required to be performed by the guardian under an application filed under Section 1202.051, the court must find by a preponderance of the evidence that the current nature and degree of the ward's incapacity, with or without supports and services, warrants a modification of the guardianship and that some of the ward's rights need to be restored, with or without supports and services.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 19, 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