pjc-family-2024-lib

PJC 240.3

G UARDIANSHIP OF A DULT

Answer: _______________ 3. To make personal decisions regarding residence? Answer: _______________ 4. To make personal decisions regarding marriage? Answer: _______________ 5. To provide food, clothing, and shelter for himself ? Answer: _______________ 6. To consent to medical, dental, psychological, or psychiatric treat ment? Answer: _______________ COMMENT Source. The foregoing submission is based on Tex. Est. Code §§ 1101.101(a)(2)(D), 1101.151, 1101.152. The definition of “supports and services” is based on Tex. Est. Code § 1002.031(1), (2), (4). The category listed in section 1002.031(3), which pertains only to guardian ship of the estate, has been omitted from the definition. The tasks listed in PJC 240.3B and PJC 240.3C are suggestions only, several of which are drawn from Tex. Est. Code §1101.103(b)(1)(C)–(E). They should be adapted to the requirements of the particular case to ensure that the least restrictive alternative is always considered. See Tex. Est. Code §1001.001, as set out in PJC 240.1. However, items 1, 2, 3, and 4 must always be submitted. See Tex. Est. Code §§ 1101.101(c), 1101.151(b)(5). When to use. The foregoing submission is appropriate when the proposed ward’s capacity to care for himself is in issue. For cases in which the proposed ward’s capac ity to manage his property is in issue, see PJC 240.4 (lack of capacity to manage prop erty (guardianship of the estate)). In an appropriate case, both PJC 240.3 and PJC 240.4 should be submitted. In some cases when guardianship of the person is sought but no guardianship of the estate is necessary, a separate finding on the proposed ward’s ability to manage his property may be appropriate as an additional item under PJC 240.3A, PJC 240.3B, and PJC 240.3C.

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