pjc-family-2024-lib

PJC 240.2

G UARDIANSHIP OF A DULT

PJC 240.2

Incapacity

QUESTION ______ Do you find by clear and convincing evidence that PROPOSED WARD is an incapacitated person? An “incapacitated person” is an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for him self or herself, to care for the person’s own physical health, or to manage the person’s own financial affairs. Determination of incapacity must be evidenced by recurring acts or occur rences within the immediately preceding six-month period and not by isolated instances of negligence or bad judgment. “Clear and convincing evidence” is that measure or degree of proof that pro duces a firm belief or conviction that the allegations sought to be established are true. Answer “Yes” or “No.” Answer: _______________ COMMENT Source. The foregoing question is based on Tex. Est. Code §1101.101(a)(1)(A). The definition of “incapacitated person” is based on Tex. Est. Code § 1002.017(2). The instruction on determination of incapacity is based on Tex. Est. Code § 1101.102. For the definition of “clear and convincing evidence,” see In re Guardianship of Hinrichsen , 99 S.W.3d 773 (Tex. App.—Houston [1st Dist.] 2003, no pet.). Rewording instruction if only one type of guardianship sought. If only guard ianship of the person is sought, the following definition of “incapacitated person” should be used: An “incapacitated person” is an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself or to care for the person’s own physi cal health. If only guardianship of the estate is sought, the following definition of “incapaci tated person” should be used:

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