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Texas Probate Code - Section 743. Reports Of Guardians Of The Person

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§ 743. REPORTS OF GUARDIANS OF THE PERSON. (a) The guardian of the person of a ward shall return to the court a sworn, written report showing each item of receipts and disbursements for the support and maintenance of the ward, the education of the ward when necessary, and support and maintenance of the ward's dependents, when authorized by order of court. (b) The guardian of the person, whether or not there is a separate guardian of the estate, shall submit to the court an annual report by sworn affidavit that contains the following information: (1) the guardian's current name, address, and phone number; (2) the ward's current: (A) name, address, and phone number; and (B) age and date of birth; (3) the type of home in which the ward resides, described as the ward's own; a nursing, guardian's, foster, or boarding home; a relative's home, and the ward's relationship to the relative; a hospital or medical facility; or other type of residence; (4) the length of time the ward has resided in the present home and, if there has been a change in the ward's residence in the past year, the reason for the change; (5) the date the guardian most recently saw the ward, and how frequently the guardian has seen the ward in the past year; (6) a statement indicating whether or not the guardian has possession or control of the ward's estate; (7) the following statements concerning the ward's health during the past year: (A) whether the ward's mental health has improved, deteriorated, or remained unchanged, and a description if there has been a change; and (B) whether the ward's physical health has improved, deteriorated, or remained unchanged, and a description if there has been a change; (8) a statement concerning whether or not the ward has regular medical care, and the ward's treatment or evaluation by any of the following persons during the last year, including the name of that person, and the treatment involved: (A) a physician; (B) a psychiatrist, psychologist, or other mental health care provider; (C) a dentist; (D) a social or other caseworker; or (E) another individual who provided treatment; (9) a description of the ward's activities during the past year, including recreational, educational, social, and occupational activities, or if no activities are available or if the ward is unable or has refused to participate in them, a statement to that effect; (10) the guardian's evaluation of the ward's living arrangements as excellent, average, or below average, including an explanation if the conditions are below average; (11) the guardian's evaluation of whether the ward is content or unhappy with the ward's living arrangements; (12) the guardian's evaluation of unmet needs of the ward; (13) a statement of whether or not the guardian's power should be increased, decreased, or unaltered, including an explanation if a change is recommended; (14) a statement that the guardian has paid the bond premium for the next reporting period; and (15) any additional information the guardian desires to share with the court regarding the ward, including whether the guardian has filed for emergency detention of the ward under Subchapter A, Chapter 573, Health and Safety Code, and if applicable, the number of times the guardian has filed and the dates of the applications. (c) If the ward is deceased, the guardian shall provide the court with the date and place of death, if known, in lieu of the information about the ward otherwise required to be provided in the annual report. (d) Unless the judge is satisfied that the facts stated are true, he shall issue orders as are necessary for the best interests of the ward. (e) If the judge is satisfied that the facts stated in the report are true, the court shall approve the report. (f) The court on the court's own motion may waive the costs and fees related to the filing of a report approved under Subsection (e) of this section. (g) Once each year for the duration of the guardianship, a guardian of the person shall file the report that contains the information required by Subsections (a) and (b) of this section. Except as provided by Subsection (h) of this section, the report must cover a 12-month reporting period that begins on the date the guardian qualifies to serve. (h) The court may change a reporting period for purposes of this section but may not extend a reporting period so that it covers more than 12 months. (i) Each report is due not later than the 60th day after the date on which the reporting period ends. (j) A guardian of the person may complete and file the report required under this section without the assistance of an attorney. Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1039, § 44, 45, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1403, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 905, § 5, eff. Sept. 1, 1999. Subsec. (b) amended by Acts 2003, 78th Leg., ch. 692, § 1, eff. Sept. 1, 2003.

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Last modified: August 11, 2007