Sec. 613.004. COURT HEARING. (a) The court shall hold a hearing on the petition filed under Section 613.003.
(b) A party to the proceeding is entitled on request to a preferential setting for the hearing.
(c) The court shall appoint an attorney ad litem and a guardian ad litem to represent the interest of the ward with mental retardation. Neither person appointed may be related to the ward within the second degree by consanguinity.
(d) The hearing must be adversary in order to secure a complete record, and the attorney ad litem shall advocate the ward's interest, if any, in not being a donor.
(e) The petitioner has the burden of establishing good cause for the kidney donation by establishing the prerequisites prescribed by Section 613.002.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation
Chapter 613 - Kidney Donation by Ward With Mental Retardation
Section 613.002. Court Order Authorizing Kidney Donation
Section 613.003. Petition for Court Order