Court Opinions

State Laws

US Code

US Constitution

Texas Probate Code - Section 770. Care Of Ward; Commitment

Legal Research Home > Texas Lawyer > Probate Code > Texas Probate Code - Section 770. Care Of Ward; Commitment

§ 770. CARE OF WARD;  COMMITMENT.  (a) The guardian of an 
adult may expend funds of the guardianship as provided by court 
order to care for and maintain the incapacitated person.  The 
guardian may apply for residential care and services provided by a 
public or private facility on behalf of an incapacitated person who 
has decision-making ability if the person agrees to be placed in the 
facility.  The guardian shall report the condition of the person to 
the court at regular intervals at least annually, unless the court 
orders more frequent reports.  If the person is receiving 
residential care in a public or private residential care facility, 
the guardian shall include in any report to the court a statement as 
to the necessity for continued care in the facility.
	(b)  Except as provided by Subsection (c) or (d) of this 
section, a guardian may not voluntarily admit an incapacitated 
person to a public or private in-patient psychiatric facility or to 
a residential facility operated by the Texas Department of Mental 
Health and Mental Retardation for care and treatment.  If care and 
treatment in a psychiatric or a residential facility are necessary, 
the person or the person's guardian may:
	(1)  apply for services under Section 593.027 or 593.028, 
Health and Safety Code; 
	(2)  apply to a court to commit the person under Subtitle D, 
Title 7, Health and Safety Code (Persons with Mental Retardation 
Act), Subtitle C, Title 7, Health and Safety Code (Texas Mental 
Health Code),or Chapter 462, Health and Safety Code;  or
	(3)  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.
	(c)  A guardian of a person younger than 16 years of age may 
voluntarily admit an incapacitated person to a public or private 
inpatient psychiatric facility for care and treatment.
	(d)  A guardian of a person may voluntarily admit an 
incapacitated person to a residential care facility for emergency 
care or respite care under Section 593.027 or 593.028, Health and 
Safety Code.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.           

Subsec. (b) amended by Acts 2003, 78th Leg., ch. 692, § 3, eff. 
Sept. 1, 2003.

Last modified: August 11, 2007