Texas Probate Code - Section 767. Powers And Duties Of Guardians Of The Person
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§ 767. POWERS AND DUTIES OF GUARDIANS OF THE PERSON. (a)
The guardian of the person is entitled to take charge of the person
of the ward, and the duties of the guardian correspond with the
rights of the guardian. A guardian of the person has:
(1) the right to have physical possession of the ward and to
establish the ward's legal domicile;
(2) the duty to provide care, supervision, and protection
for the ward;
(3) the duty to provide the ward with clothing, food,
medical care, and shelter;
(4) the power to consent to medical, psychiatric, and
surgical treatment other than the in-patient psychiatric
commitment of the ward; and
(5) on application to and order of the court, the power to
establish a trust in accordance with 42 U.S.C. Section
1396p(d)(4)(B), as amended, and direct that the income of the ward
as defined by that section be paid directly to the trust, solely for
the purpose of the ward's eligibility for medical assistance under
Chapter 32, Human Resources Code.
(b) Notwithstanding Subsection (a)(4) of this section, a
guardian of the person of a ward has the power to transport the ward
to an inpatient mental health facility for a preliminary
examination in accordance with Subchapters A and C, Chapter 573,
Health and Safety Code.
Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993;
Amended by Acts 2003, 78th Leg., ch. 549, § 17, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 692, § 2, eff. Sept. 1, 2003;
Subsec. (a) amended by Acts 2005, 79th Leg., ch. 268, § 3.17,
eff. Sept. 1, 2005.
Section: 760A 760B 761 762 763 764 765 767 768 769 770 770A 771 772 773
Last modified: August 11, 2007
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