Sec. 573.003. TRANSPORTATION FOR EMERGENCY DETENTION BY GUARDIAN. (a) A guardian of the person of a ward who is 18 years of age or older, without the assistance of a peace officer, may transport the ward to an inpatient mental health facility for a preliminary examination in accordance with Section 573.021 if the guardian has reason to believe and does believe that:
(1) the ward is a person with mental illness; and
(2) because of that mental illness there is a substantial risk of serious harm to the ward or to others unless the ward is immediately restrained.
(b) A substantial risk of serious harm to the ward or others under Subsection (a)(2) may be demonstrated by:
(1) the ward's behavior; or
(2) evidence of severe emotional distress and deterioration in the ward's mental condition to the extent that the ward cannot remain at liberty.
Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1367, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle C - Texas Mental Health Code
Chapter 573 - Emergency Detention
Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian
Section 573.001. Apprehension by Peace Officer Without Warrant
Section 573.002. Peace Officer's Notification of Detention
Section 573.0021. Duty of Peace Officer to Notify Probate Courts
Section 573.003. Transportation for Emergency Detention by Guardian
Section 573.004. Guardian's Application for Emergency Detention