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Texas Probate Code - Section 693. Order Of Court

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 693. Order Of Court

§ 693. ORDER OF COURT.  (a) If it is found that the 
proposed ward is totally without capacity as provided by this code 
to care for himself or herself and to manage the individual's 
property, the court may appoint a guardian of the individual's 
person or estate, or both, with full authority over the 
incapacitated person except as provided by law.  An order 
appointing a guardian under this subsection must contain findings 
of fact and specify:
	(1)  the information required by Subsection (c) of this 
section;             
	(2)  that the guardian has full authority over the 
incapacitated person;  and
	(3)  if necessary, the amount of funds from the corpus of the 
person's estate the court will allow the guardian to expend for the 
education and maintenance of the person under Section 776 of this 
code.
	(b)  If it is found that the person lacks the capacity to do 
some, but not all, of the tasks necessary to care for himself or 
herself or to manage the individual's property, the court may 
appoint a guardian with limited powers and permit the individual to 
care for himself or herself or to manage the individual's property 
commensurate with the individual's ability.  An order appointing a 
guardian under this subsection must contain findings of fact and 
specify:
	(1)  the information required by Subsection (c) of this 
section;             
	(2)  the specific powers, limitations, or duties of the 
guardian with respect to the care of the person or the management of 
the person's property by the guardian;  and
	(3)  if necessary, the amount of funds from the corpus of the 
person's estate the court will allow the guardian to expend for the 
education and maintenance of the person under Section 776 of this 
code.
	(c)  The order of the court appointing a guardian must 
specify:              
	(1)  the name of the person appointed;                                         
	(2)  the name of the ward;                                                     
	(3)  whether the guardian is of the person or the estate, or 
of both, of the ward;
	(4)  the amount of any bond required;                                          
	(5)  if it is a guardianship of the estate and the court deems 
an appraisal is necessary, one or more but not more than three 
disinterested persons to appraise the estate and to return the 
appraisement to the court;  and
	(6)  that the clerk will issue letters of guardianship to the 
person appointed when the person has qualified according to law.
	(d)  An order appointing a guardian may not duplicate or 
conflict with the powers and duties of any other guardian.
	(e)  An order appointing a guardian or a successor guardian 
may specify a period of not more than one year during which a 
petition for adjudication that the incapacitated person no longer 
requires the guardianship may not be filed without special leave.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 1039, § 39, eff. Sept. 1, 
1995.

Last modified: August 11, 2007