What needs to be proved for a guardianship?
The Texas Estates Code has specific procedures for guardianship cases. In order to get a guardianship, it must be proved by clear and convincing evidence that (1) the proposed ward is an incapacitated person; (2) it is in the proposed ward’s best interest to have the court appoint a person as the
proposed ward’s guardian; and (3) the proposed ward’s rights or property will be protected by the appointment of a guardian. Other allegations must be proved by a preponderance of the evidence, including that the proposed ward (a) is totally without capacity to care for himself or herself and to manage his or her property, or (b) lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or to manage his or her property.
If the proposed ward is not a minor, he must be examined by a qualified physician who examines the proposed ward and files a letter or certificate within 120 days before the filing of the application for guardianship. The letter or certificate must include certain findings as required by the Texas Estates Code.
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