Texas § ES.1151.055 - APPLICATION BY CERTAIN RELATIVES FOR ACCESS TO WARD

§ ES.1151.055. APPLICATION BY CERTAIN RELATIVES FOR ACCESS TO WARD

APPLICATION BY CERTAIN RELATIVES FOR ACCESS TO WARD; HEARING AND COURT ORDER. (a) This section applies to a relative described under Sections 1101.001 (b)(13)(A)-(D). (b) A relative of a ward may file an application with the court requesting access to the ward, including the opportunity to establish visitation or communication with the ward. (c) Except as provided by Subsection (d), the court shall schedule a hearing on the application not later than the 60th day after the date an application is filed under Subsection (b). The court may grant a continuance of a hearing under this section for good cause. (d) If an application under Subsection (b) states that the ward's health is in significant decline or that the ward's death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than the 10th day after the date the application is filed under Subsection (b). (e) The guardian of a ward with respect to whom an application is filed under Subsection (b) shall be personally served with a copy of the application and cited to appear at a hearing under: (1) Subsection (c) at least 21 days before the date of the hearing; and (2) Subsection (d) as soon as practicable. (f) The court shall issue an order after notice and a hearing under this section. An order issued under this section may: (1) prohibit the guardian of a ward from preventing the applicant access to the ward if the applicant shows by a preponderance of the evidence that: (A) the guardian's past act or acts prevented access to the ward; and (B) the ward desires contact with the applicant; and (2) specify the frequency, time, place, location, and any other terms of access. (g) In deciding whether to issue or modify an order issued under this section, the court: (1) shall consider: (A) whether any protective orders have been issued against the applicant to protect the ward; (B) whether a court or other state agency has found that the applicant abused, neglected, or exploited the ward; and (C) the best interest of the ward; and (2) may consider whether: (A) visitation by the applicant should be limited to situations in which a third person, specified by the court, is present; or (B) visitation should be suspended or denied. (h) The court may, in its discretion, award the prevailing party in any action brought under this section court costs and attorney's fees, if any. Court costs or attorney's fees awarded under this subsection may not be paid from the ward's estate. Added by Acts 2015, 84th Leg., R.S., Ch. 1087 (H.B. 2665 ), Sec. 1, eff. June 19, 2015.