Texas § ES.1202.051 - APPLICATION AUTHORIZED

§ ES.1202.051. APPLICATION AUTHORIZED

APPLICATION AUTHORIZED. (a) Notwithstanding Section 1055.003 , a ward or any person interested in the ward's welfare may file a written application with the court for an order: (1) finding that the ward is no longer an incapacitated person and ordering the settlement and closing of the guardianship; (2) finding that the ward lacks the capacity, or lacks sufficient capacity with supports and services, to do some or all of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and granting additional powers or duties to the guardian; or (3) finding that the ward has the capacity, or sufficient capacity with supports and services, to do some, but not all, of the tasks necessary to provide food, clothing, or shelter for himself or herself, to care for the ward's own physical health, or to manage the ward's own financial affairs and: (A) limiting the guardian's powers or duties; and (B) permitting the ward to care for himself or herself, make personal decisions regarding residence, or manage the ward's own financial affairs commensurate with the ward's ability, with or without supports and services. (b) If the guardian of a ward who is the subject of an application filed under Subsection (a) has resigned, was removed, or has died, the court may not require the appointment of a successor guardian before considering the application. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39 ), Sec. 16, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 935 (S.B. 1710 ), Sec. 1, eff. September 1, 2017.