pjc-family-2024-lib

G UARDIANSHIP OF A DULT

PJC 240.6

PJC 240.6 Supports and Services (Guardianship of the Estate) If you answered “Yes” to Question ______ [ 240.4A ] or any part of Question ______ [ 240.4B ], then answer Question ______ [ 240.6 ]. Otherwise, do not answer Question ______ [ 240.6 ]. QUESTION ______ Do you find by clear and convincing evidence that supports and services available to PROPOSED WARD that would avoid the need for the appointment of a guardian of the estate are not feasible? “Supports and services” means available formal and informal resources and assistance that enable an individual to— 1. manage the individual’s financial affairs; or 2. make personal decisions regarding residence, voting, operating a motor vehicle, and marriage. “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” if they are not feasible; otherwise, answer “No.” Answer: _______________ COMMENT Source. The foregoing question is based on Tex. Est. Code § 1101.101(a)(1)(E). The phrase “are not feasible” is used in place of the phrase “have been . . . determined not to be feasible” that appears in Tex. Est. Code §1101.101(a)(1)(E). This revised wording ensures that the jury determines the dis puted fact issue of feasibility. No question regarding whether supports and services have been considered is submitted, because such consideration is implicit in the jury’s determination of feasibility. The definition of “supports and services” is based on Tex. Est. Code § 1002.031(3), (4). The categories listed in section 1002.031(1) and (2), which pertain only to guard ianship of the person, have been omitted from the definition. 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.). When to use. The foregoing submission is appropriate when the proposed ward’s capacity to manage his property is in issue. For cases in which the proposed ward’s

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